Our Auction Terms

1. Our Terms

1.1. These terms and conditions set out the terms on which igomove Limited offer you access to the use of the Site to either sell or buy a property as part of a conditional auction.

1.2. Why you should read them. Please read these terms carefully before you register with our Site, list a Property on our Site or bid on a Property. These terms tell you who we are, how we will provide Services to you, how the contract may change or end, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss. We recommend that you print a copy of these terms for future reference.

2. Important Definitions

Auction

the modern auction operated by igomove.

Auction Pack

the pack of documents providing certain information about a Property.

Auction Pack Fee

the fee charged by igomove in connection with the preparation of the Auction Pack, which is currently £199 (inc VAT).

Auction Period

the period of [28] days when the Auction is open.

Bidder

a person registered with the Site who makes bids on a Property.

Buyer

a Bidder whose bid in the Auction has been successful and who has paid the Reservation Fee.

Exclusivity Period

the period of 56 days commencing on the payment of the Reservation Fee.

Guide Price

the suggested selling price of the Property.

Property

the Property listed for sale in the Auction.

Reservation

the reservation of the Property for the Exclusivity Period.

Reservation Fee

the Fee payable by the Bidder to secure the Exclusivity Period over the Property.

Reserve Price

the price set by the Seller as the minimum price acceptable for the sale of the Property.

Seller

a person registered with the Site who proposes to or has listed a Property for sale in the Auction.

Seller's Withdrawal Fee

the fee payable by the Seller to igomove in the event that the Seller withdraws from the transaction other than as a consequence of the Buyer being unable or unwilling to proceed.

Services

the services provided by igomove.

Site

This website - https://igomove.co.uk/

3. Information about us and how to contact us

3.1. Who we are. We are igomove Limited a company registered in England and Wales. Our company registration number is 11436232 and our registered office is at Tranquility House, Harbour Walk, Hartlepool, TS24 0UX.

3.2. How to contact us. You can contact us by telephoning our customer service team at [NUMBER] or by writing to us at [EMAIL ADDRESS AND POSTAL ADDRESS]. We always try and respond to any correspondence promptly but it is most helpful for our team if initial queries or concerns can be raised by email if possible.

3.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.

3.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

4. Important Information

4.1. igomove does not have or legal ownership possession, or day to day control of the properties listed or sold through the Site and is not a party to the contract or transaction between the Buyer and the Seller.

4.2. All contracts for sale of the properties are made directly between the Buyer and the Seller and the Auction process is a conditional or modern method auction whereby igomove does not act as a traditional auctioneer.

4.3. Before buying or bidding on a Property we recommend that any interested party takes professional advice, for example from a conveyancer, surveyor, accountant, mortgage advisor, building engineer or other expert. Bidders should read all the information available in relation to the relevant Property including but not limited to the Auction Pack and where necessary conduct their own searches and investigations. Bidders must ensure that they have adequate finance in place to allow for the payment of any deposits, fees and the purchase price before bidding.

4.4. This process is not intended to replace the normal legal conveyance and before completing the purchase of the Property a Buyer should carry out all usual enquiries and searches and take advice from a regulated conveyancer in relation to the purchase.

4.5. igomove do not provide legal advice, financial advice or any other advice as part of the Services.

4.6. In short the Bidder and/or Buyer should be aware that properties are sold at the buyer’s risk and should take all normal, reasonable steps that they would when conducting a purchase of a Property.

5. Our Contract with you

5.1. How our contract is formed. By registering with the Site (whether as a Bidder or Seller) you are confirming your acceptance of these terms and forming a legally binding contract with igomove.

5.2. Where you are using the Services on behalf of a Company, by accepting these terms you are confirming that the company is properly constituted and is authorised to enter into this contract and that you as an individual are authorised to bind the company.

5.3. Bids may only be made on a Property once you have accepted these terms.

5.4. A Property can only be entered into the Auction for sale once you have accepted these terms.

6. igomove’s Services

6.1. igomove will:

• (a) prepare the Auction Pack;
• (b) facilitate and manage the Auction;
• (c) host (or facilitate) the hosting of the Site.

6.2. igomove will have conduct of the Auction via the website portal on the Site and its decision on the conduct of the Auction is final.

6.3. igomove will market the Property on the Site and other online platforms (for example Rightmove, Zoopla).

6.4. igomove will also provide a sale board.

7. Bidding Obligations

7.1. Bidders must ensure that they have in place appropriate finances to enable them to proceed with a purchase within the designated time frames in the event that their bid is successful.

7.2. Bidders acknowledge that the purchase of the Property is at their own risk and that igomove make no representations or warranties in respect of the Property.

7.3. All bids must be made in pounds sterling and are expressed to be exclusive of VAT where VAT would be applicable. This means that if VAT is applicable you must pay this on top of your bid.

7.4. It is up to the discretion of igomove as to whether a bid is submitted in accordance with the Auction rules. igomove will provide a written explanation of its rejection or refusal if requested in writing to do so by the Bidder.

7.5. A dispute over a bid will be referred to igomove’s auction manager whose decision is final. If you have any complaints regarding this process or the adjudication of a dispute then this should be referred to the Property Ombudsman.

7.6. Unless it is expressly set out on the Site, each Property will be subject to a Reserve Price. The Reserve Price may not be disclosed as part of the Auction process and if no bid equals or exceeds the Reserve Price the Property will be withdrawn from the Auction without sale.

7.7. A Guide Price may be provided on each Property. A Guide Price is a “proposed or suggested price” for the Property based on igomove’s independent valuation. If a Seller has set a Reserve Price it is likely that the Guide Price will be at least the value of the Reserve Price. The Guide Price will not be more than 10% above the Reserve Price.

7.8. Once a bid has been deemed successful we will notify the Bidder. The Bidder must enter into an agreement with igomove which places obligations on you to proceed with the purchase of the Property.

7.9. If you are a successful Bidder you must:

• (a) supply igomove with all information reasonably necessary to enable completion of the reservation form which may include provision of supporting documentation:
• (b) complete the signed reservation form; and
• (c) pay the Reservation Fee via the Site or by bank transfer within 2 hours of being notified of the successful bid.

7.10. For the avoidance of doubt, the Reservation Fee is payable to and retained by igomove and is paid as part of the fees for providing the Services as well as to provide a period of exclusivity in relation to the sale of the Property.

7.11. The Reservation Fee is non refundable unless the Seller withdraws from the transaction. If any of the conditions set out at 7.9 are not met we reserve the right to relist the Property for sale again. Please be aware that you may incur rights and obligations due to the Seller in this event and you should take legal advice before pulling out of any proposed transaction.

8. Buying Obligations

8.1. During the Exclusivity Period the Buyer agrees:

• (a) not to approach the Seller with any counter offer in relation to the Property;
• (b) to immediately instruct solicitors in respect to the purchase of the Property;
• (c) to use all reasonable effort to proceed to formal exchange of contracts and completion for the sale and purchase of the Property within the Exclusivity Period; and
• (d) to promptly obtain or confirm any funding necessary from their parties to allow for the purchase of the Property and to comply with any requirements of any funding offer.

9. Seller’s Obligations

9.1. The Seller must pay the Auction Pack Fee to igomove before the Property can be included in the Auction.

9.2. On confirmation that the Reservation Fee has been paid to igomove the Seller agrees to grant the Buyer a period of exclusivity of up to 56 days to purchase the Property.

9.3. During the Exclusivity Period the Seller shall:

• (a) not instruct igomove or any other agent to market the Property for sale;
• (b) not encumber, charge, transfer or grant any rights in or over the Property;
• (c) not enter into any contract of sale of the Property (other than with the Buyer);
• (d) provide reasonable access to the Property for the Buyer or his representatives for the purposes of progressing the purchase;
• (e) provide such cooperation in relation to the sale and purchase of the Property as would reasonably be expected of a Seller; and
• (f) instruct solicitors to issue a contract for sale of the property to the Buyer’s solicitors and to effect exchange of contracts and completion within the Exclusivity Period unless otherwise agreed.

9.4. The Seller shall be entitled in his absolute discretion to extend the Exclusivity Period, however, such extension should be confirmed in writing by the Seller to the Buyer and to igomove.

9.5. The Seller agrees that if they withdraw from the transaction that they will be liable to pay to igomove the Seller’s Withdrawal Fee.

9.6. During the Auction Period the Seller grants igomove exclusive rights to sell the Property.

10. Termination of Reservation

10.1. The Reservation shall expire at the end of the Exclusivity Period if the sale and purchase of the Property has not completed. The Property shall then be free to be remarketed and sold by the Seller.

10.2. The Buyer may terminate the Reservation at any time during the Exclusivity Period by issuing a written notice to the Seller, however, please note that the Reservation Fee paid will not be refunded to the Buyer in these circumstances.

11. Payments

11.1. All payments due to igomove under this agreement (from Buyer or Seller) shall be made by bank transfer or through the igomove website unless otherwise stated.

11.2. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12. Our responsibility for loss or damage suffered by you

12.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products. 12.3. We are not liable for business losses. We only supply the Services for domestic and private use. If you use our Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How we may use your personal information

13.1. How we may use your personal information. We will only use your personal information as set out in our privacy policy.

13.2. Sharing Information. We may need to share your information with close partners of ours to enable us to provide the Services. We will have to share your information with other platforms that will advertise your property and with interested buyers or tenants.

14. Other important terms

14.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.