LOCATION OF PROPERTY – Lots 96, 97, 98, 99, 100, 101 Hog Bay Road, Pelican Lagoon, SA
CONTACT:
Gary - 1800 976 166
TERMS:
10% Deposit on the fall of the hammer or by 5pm the next business day and the balance in cash in 30 days, or any other such date or terms specified by Lloyds Auctions prior to auction.
N.B: IN ACCORDANCE WITH THE TERMS OF AUCTION NO COOLING OFF PERIOD WILL APPLY.
PAYMENT OPTIONS:
* Secure Credit Card Online (0.75% Surcharge) (No Amex, Diners)
* Bank Transfer
* Cryptocurrency
CONDITIONS OF SALE BY ONLINE AUCTION FOR REAL PROPERTY IN SOUTH AUSTRALIA
1. The Auctioneer presents the Property for sale by Auction. The Auctioneer, as authorized by the agent acting for the vendor, presents the Property for sale by auction on behalf of the Vendor. An offer to purchase the property may be made by any person present in person or by proxy or representative (“Bidder”) by making a bid at auction, subject to these Terms and Conditions
2. Bidders are bound by these Terms and Conditions By bidding at auction, a Bidder agrees to be bound by these Terms and Conditions
3. Vendor’s Reserve Price 3.1 The Vendors reserve price (“Reserve Price”) will be as recorded in the auction record. 3.2 In the event that the Reserve Price is not reached at auction, the Auctioneer and/or the Agent shall attempt to negotiate immediately with the highest Bidder to sell the Property and if no agreement is reached, the Auctioneer and/or agent will attempt to negotiate with other Bidders and then with any other interested parties.
4. Vendor may withdraw the Property from sale The Vendor may at any time before the property is sold at auction: 4.1 Withdraw the property from sale; or 4.2 Consolidate, divide, or otherwise alter the organization or arrangement of the Property in any way deemed convenient by the Auctioneer.
5. Cooling-off rights do not apply Cooling-off rights under section 5 of the land and business (Sale and Conveyancing) act 1994 do not apply to a sale by auction or a sale on the day of the auction to a person who has made a bid at the auction (whether in person or by proxy or representative).
6. Registration of Bidders (Residential land only) 6.1 To make a bid at an auction for a residential land (as defined in the Land and Business (Sale and Conveyancing) act 1994) a person must be registered in the bidders register.6.2 To be entered in the bidders register, the person must satisfy the Agent as to the persons identity through providing proof of identity in the required form (through the provision of a driver’s license, passport credit/debit card, utilities account or similar documentation). 6.3 Where the person intends to bid on the property as a proxy or representative of another person (“Proxy Bidder”), the person, intending to bid must produce a signed authority from the other person or entity, authorizing them to bid on their behalf. 6.4 A person making a bid must do so by displaying their unique identifier obtained through the Bidder registration process.
7. Proxies and representatives at Auction 7.1 If the proxy Bidder is the successful bidder at auction and the Purchaser is not present to sign the Contract of Cale immediately following the auction, then the Proxy Bidder will be required to sign the Contract of Sale. 7.2 Bidder offers to purchase the Property With each bid at auction, a Bidder makes an unconditional offer to purchase the Property which may be accepted by the Auctioneer 7.3 Vendor may bid at auction The Auctioneer pay make bids on behalf of the Vendor but if the auction is for residential land (as defined in the Land and Business (Sale and Conveyancing) Act 1994) the Auctioneer may not take more than 3 such bids and only for amounts below the Reserve Price. Where a Vendor bid is made by the Auctioneer, the Auctioneer will audibly announce the bid as a “Vendor’s Bid”. 7.4 Advancement of Bids The bidding increments during the course of the Auction will be accepted at the discretion of the Auctioneer. 7.5 Auctioneer may refuse any bid The Auctioneer may refuse a bid if of the opinion that it is not in the best interests of the Vendor and will not be obliged to give any reasons for doing so. 7.6 Bids are binding A bid accepted by the Auctioneer is a binding on the Bidder and may not be withdrawn. 7.7 Disputes concerning bids If there is a dispute concerning bids made at Auction (“Dispute”) where the Dispute arises before or after the fall of the hammer or some similar indication, that the Property is sold (“Fall of Hammer”) then the Auctioneer will decide the Dispute in a way that he or she deems appropriate. The decision of the Auctioneer is final and gives rise to no claim by any person against another 7.8 Selection of the Purchaser determination of the purchase price A person accepted by the Auctioneer as having made at or above the Reserve Price will be the Purchaser (“Purchaser”) and that bid will be the purchase price (“Purchase Price”) the Auctioneer will not accept a bid made after the fall of the Auctioneers hammer. 7.9 The Purchaser must pay the deposit and sign the Contract Subject to the determination of any Dispute, unless otherwise agreed in writing and advised before commencement of the auction, the Purchaser, upon being acknowledged by the Auctioneer as the Purchaser must: 7.9.1 immediately complete all necessary details, required by the Auctioneer to enter into a contract for the sale and purchase of the Property in the form of a contract that is displayed by the Auctioneer at the auction (“Contract”) and; 7.9.2 immediately pay to the Auctioneer a deposit or a call to (ten percent) 10% of the Purchase Price; and 7.9.3 complete the purchase of the Property in accordance with the Terms and Conditions contained in the Contract for the Purchase Price.
8. Auctioneer may sign the Contract The Auctioneer will have irrevocable authority, after the fall of the Auctioneer’s hammer to complete and sign the Contract on behalf of the Purchaser or the Vendor or both. Completion and signing under the Auctioneers authority will be at the Auctioneers discretion in the event of a breach by the Purchaser of any of the conditions of the auction. The party for whom the auctioneer has signed the Contract is bound by the Contract.
9. Variations of Terms and Conditions before auction Where the Vendor has agreed in writing with a Bidder to vary these Terms or other conditions, before the auction, then those variations to apply to that Bidder only.
10. Property may be re-auctioned 10.1 If the purchaser fails: (a) to pay the deposit; or (b) to execute the Contract (or both) immediately after the fall of the Auctioneers hammer, then the Purchaser is deemed by the Auctioneer to have breached his or her obligation to complete the purchase of the Property 10.2 Where clause 10.1 applies the Auctioneer/Agent is authorized by the Vendor to terminate the Contract and: (a) re-auction the Property or; (b) to sell the Property by private treaty
11. Vendor may sue Purchaser for damages Notwithstanding clause 10.2 the Vendor, may sue the Purchaser for the damages for any failure to comply with these Terms and Conditions and/or the Contract
12. Holding over the Auction The Auctioneer may hold over the Property and re-offer it for auction at another time on the same day on Terms and Conditions as the Vendor may nominate
13. Auctioning may vary these Terms and Conditions Subject to legislative requirements, the Auctioneer is entitled to vary these Terms and Conditions by announcement immediately before or during the auction including, but not limited to, advising registered Bidders that any variations sought by them have been accepted by the Vendor
14. Legal Age of Purchaser A Bidder must be at lease 18 years of age
15. Foreign Investment Review Board Approval A person who wishes to bid for or purchase the Property warrants they do not require approval from the Foreign Investment Review Board (or any similar organization) for the purchase herein A person who wishes to make a bid at the auction for the Property who requires approval from the Foreign Investment Review Board (or any similar organization) for the purchase herein must make arrangements suitable to the Auctioneer before the auction.
CONDITIONS OF SALE BY ONLINE AUCTION FOR REAL PROPERTY IN AUSTRALIA
Property Address: Per Individual Auction Lot Description
- Any person intending to bid must first register with Lloyds Auctions.
- The highest approved bidder shall be the Buyer subject to the Seller’s approval and the reserve price, if any.
- Lloyds Auctions may at their discretion refuse to accept any bid from any person, and no bid if accepted may be retracted without the consent of the Lloyds Auctions.
- Immediately on closing of the auction the bidder of the highest bid accepted shall sign (and failing the same, the auctioneer shall sign on behalf of the buyer) the contract documents described in 7 and forthwith pay the deposit required and shall thereupon be deemed to be the Buyer, otherwise the property may be resubmitted at his or her risk and expense or submitted afresh to Auction as if the property had never before been submitted.
- The Seller and the Buyer agree to do all necessary acts and to sign all documents and papers as may be necessary in the furtherance of the auction.
- A bidder shall be deemed to be acting on their own behalf unless prior to bidding he/she has given Lloyds Auctions a copy of a written authority to bid for, or on behalf of another person.
- The conditions that apply are as contained in the applicable Real Estate Institute’s copyright form of Contract and Terms of Contract for Residential House & Land Seventeenth Edition, Contract for Residential Lots in a Community Titles Scheme Thirteenth Edition, Contract for Commercial Land and Buildings Eighth Edition and/or any other contract of sale that has been viewed prior to auction. Clause 3, the finance clause, does not apply and Clause 4, the Building or Buyers Inspection Clause does not apply. All Bidders and more particularly, the successful bidder shall be deemed to have been given, and to have read and acknowledged the ‘Disclosure Statement’ under the Body Corporate and Community Management Act 1997.
- The parties agree that Lloyds Auctions may in its sole and absolute discretion determine any other matters relating to the auction.
- The bidder consents to the use of electronic communication in accordance with the provisions set out in Chapter 2 of the Electronic Transactions (Queensland) Act 2001 (Qld) and Electronic Transactions Act 1999 (Cth).
- If this document is signed using electronic signature, the bidder agrees to be bound by these conditions in electronic form and consent to signing this agreement using electronic signature.
- In the event that the buyer is a corporate entity the directors and shareholders thereof shall personally guarantee all and every term and condition of the contract including payment of the deposit and balance purchase monies upon completion to the intention that such personal guarantors of the buyer shall sign a form of guarantee at the time of signing the contract.
This is an Auction Sale. All goods sold "As is".
Inspection is recommended prior to bidding. Live Video inspections are available for interstate bidders.
Photos, descriptions and condition reports (if any) should be used as a guide only.
The Auctioneer states that all or any items may have reserve prices. If the bidding has not reached reserve the Auctioneer will refer the highest bid to the Vendor, the highest bidder shall have first right of refusal in any referred bids. Once the bidder has refused any counter offers or negotiations then the Auctioneer shall declare the goods open for negotiations with other potential purchasers.
** You must be 18 years or above to bid, Photo I.D will be required upon settlement & handover.