Welcome to auctionroom.ie.
If you disagree with any part of these terms and conditions, please do not use our website.
By accepting these terms users acknowledge that they have had the opportunity to obtain independent legal advice with respect to all matters pertaining to these terms & all transactions conducted on auctionroom.ie.
Buyers notice is particularly brought to Section 2.2.11 below regarding contract signing.
The term 'auctionroom' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
1. GENERAL USE
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. All users of this website are advised to retain independent legal advisors before, whilst and after using this website.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Ireland.
10. Discrimination in listing is not permitted and all listing must comply with all applicable laws as regards property listings and/or accommodation advertising (including, but not limited to, the requirement to include a BER rating in the property advertisement where applicable).
11. All Parties agree to hold auctionroom.ie, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including legal fees and costs, arising out of or related to your access to or use of auctionroom.ie, your violation of this user agreement, and/or your violation of the rights of any third party or person. Auctionroom.ie will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use auctionroom.ie, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. All users agree to release auctionroom.ie, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of auctionroom.ie.
12. This user agreement composes the entirety of the agreement between all users and us. It supersedes all prior or contemporaneous agreements between the parties regarding activities on the site. We may modify this user agreement at any time. This user agreement further composes the agreement between users themselves concerning the use of auctionroom.ie. Parties acknowledge by their actions on auctionroom.ie they are seeking to entering into other biding agreements and nothing in this clause may be deemed to nullify any and all other agreement that may precipitate from activities on the site. By continuing to use auctionroom.ie after a change to this agreement, you agree to those changes.
2. TERMS OF ENGAGEMENT
Users on auctionroom.ie agree to carry on business on the following terms and conditions and on such other terms or conditions as may be expressly agreed by auctionroom.ie with the Auctioneer or set out on the website.
In these conditions the following words and expressions shall have the following meanings:
Auctioneer – registered firm listing property for sale on auctionroom.ie.
Catalogue - Any advertisement, brochure, estimate, price or other publication whether on auctionroom.ie or not.
Hammer Price - The price at which bidding on a Lot finishes at the time of close of auction, after meeting the reserve set by the Auctioneer. Hammer price confirmed by email to Agent and buyer.
Sniping - The practice of placing a bid likely to exceed the current highest bid (which may be hidden) as late as possible giving other bidders no time to outbid.
Lot - Any item which is placed with the Auctioneer with a view to its sale at auction and, in particular, the item or items on auctionroom.ie.
V.A.T. - Value Added Tax.
Close of Auction. - Auction is confirmed closed by issuance of emails to buyer and agent.
Registration Form - Page as completed on auctionroom.ie; given at registration stage detailing amongst other matters, name & contact information.
Proof Of Funds - Documentary evidence of sufficient finance to complete on any and all transactions. These include:
(i) Copy of bank statement in the name of the bidder.
(ii) Letter of offer from mortgage lender to the bidder,
(iii) Letter of confirmation from solicitors of funds on hand in their clients account to the benefit of the bidder.
2.2 MEANINGS & PRACTICE
Terms used on auctionroom.ie have the meanings and practice as follows:
1. Auctioneer Acting as Agent - The Auctioneer is selling as agent for the seller unless it is specifically stated to the contrary. The Auctioneer as agent for the seller is not responsible for any default by the seller or the buyer. The auctioneer does not have the right to bid on behalf of the seller.
2. Auctioneer Bidding on behalf of Buyer - The interests of prospective buyers are best protected and served by the buyers bidding at auction. The Auctioneer will not, execute bids on behalf of a prospective buyer.
3. Admission to auctionroom.ie - Auctionroom.ie shall have the right exercisable in its absolute discretion to refuse admission by any individual or entity to the website or bidding on auctions by any person or entity.
4. Acceptance of Bids - The Auctioneer shall have the right exercisable in its absolute discretion to refuse any bids, advance the bidding in any manner it may decide, withdraw or divide any Lot, combine any two or more Lots and, in the case of a dispute, to put any Lot up for auction again.
5. Indemnities - Any indemnity given under these conditions shall extend to all actions, proceedings, claims, demands, costs and expenses whatever and howsoever incurred or suffered by the person entitled to the benefit of the indemnity. The Auctioneer and auctionroom.ie declare themselves to be a trustee of the benefit of every such indemnity for their employees, servants or agents to the extent that such indemnity is expressed to be for their benefit.
6. Representations - Representations or statements made by the Auctioneer or auctionroom.ie is a statement of opinion only. Neither the Auctioneer, auctionroom.ie nor their employees, servants or agents shall be responsible for the accuracy of any such opinions. Every person interested in a Lot must exercise and rely on their own judgment and opinion as to such matters.
7. Headings -The headings of the conditions herein contained are inserted for convenience of reference only and are not intended to be part of, or to effect, the meaning or interpretation thereof.
8. Governing Law - These conditions shall be governed by and construed in accordance with Irish Law.
9. Notices - Any notice or other communication required to be given by the Auctioneer or auctionroom.ie hereunder to a buyer or a seller shall, where required, be in writing and shall be sufficiently given if delivered by hand, sent by post or electronically to, in the case of the buyer, the address of the buyer specified in the Registration Form or Register, and in the case of the seller, the address of the seller specified in the service agreement or to such other address as the buyer or seller (as appropriate) may notify the Auctioneer or auctionroom.ie in writing. Every notice or communication given in accordance with this condition shall be deemed to have been received if delivered by hand or by email on the day and time of delivery and if delivered by post three (3) business days after posting.
10. The Buyer - The buyer shall be the highest bidder acceptable to the Auctioneer who buys at the Hammer Price. Any dispute which may arise with regard to bidding or the acceptance of bids shall be settled by the Auctioneer. Every bidder shall be deemed to act as principal unless the Auctioneer has prior to the auction, acknowledged in writing that a bidder is acting as agent on behalf of a named principal.
11. Contract Signing - Unless alternate terms have been agreed with the Auctioneer before the auction, the Buyer grants authority to the Auctioneer or any person authorised by the Auctioneer, to sign the Contract for Sale or sale contract relating to the Lot on the Buyers behalf.
12. Payment - The Auctioneer shall only accept payment from successful bidders electronically, in cash, draft in Euro or by the bidder's own cheque drawn on an Irish bank account vouched to the satisfaction of the Auctioneer. Cheques drawn by third parties, whether in the Auctioneer's favour or requiring endorsement, may not be accepted
12.1 Deposit - Applicant bidders must pay the deposit requested on the property in question to the selling agents prior to gaining access to bidding. These funds will be held in trust by the selling agents in their Clients Account. Unsuccessful bidders will have the amount refunded by the selling agents.
12.2 Balance of 10% - Unless alternate terms have been agreed with the Auctioneer before the auction, the buyer of a Lot shall pay to the Auctioneer within one (1) day from the date of the auction, 10% of the Total Amount Due. The Auctioneer may apply any payments received by a buyer towards any sums owing from that buyer to the Auctioneer on any account whatever regardless of any directions of the buyer or his agent in that regard whether express or implied.
13. Reservation of Title - Notwithstanding delivery or passing of risk to the buyer the ownership of a Lot shall not pass to the buyer until, contracts have been exchanged by both parties and the buyer has paid to the Auctioneer (or the sellers solicitors if applicable in the contracts of sale) the Total Amount Due.
14. Variation - Auctionroom.ie reserves the right to vary these terms and conditions at their discretion.
15. Non-Payment, failure to sign or failure to return contracts - If a buyer fails to make payment for any purchased Lot by the dates herein specified for payment or to sign contracts, or to return contracts the Auctioneer shall, in its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies without further notice to the buyer:
(i) To issue court proceedings for damages for breach of contract;
(ii) To rescind the sale of that Lot or any other Lots sold to the buyer whether at that or at any other auction;
(iii) To resell the Lot or cause it to be resold whether by public auction or private sale. In the event that there is a deficiency between the Total Amount Due by the buyer and the amount received by the Auctioneer on such resale after deduction of any necessary expenses the difference shall be paid to the Auctioneer by the buyer. Any surplus arising shall belong to the seller;
(iv) Levy a fixed penalty in the amount of €5,000;
(v) To charge interest on the Total Amount Due at the rate of 2% over and above the base rate from time to time of Bank of Ireland or if there be no such rate, the nearest equivalent thereto as determined by the Auctioneer in its absolute discretion from the date on which payment is due hereunder to the date of actual payment;
(vi) To retain that Lot or any other Lot purchased by the buyer whether at the same or any other auction and release same to the buyer only after payment to the Auctioneer of the Total Amount Due;
(vii) To apply any sums which the Auctioneer received in respect of Lots being sold by the buyer towards settlement of the Total Amount Due;
(viii) To exercise a lien on any property of the buyer in the possession of the Auctioneer for whatever reason.
16. Liability of Auctioneer and Seller - Prior to auction ample opportunity is given for the inspection of the Lots on sale and associated legal documentation. Each buyer by making a bid acknowledges that he has had ample opportunity to take independent legal advice and, by exercising and relying on his own judgment, satisfied himself as to the physical condition, title, legal status, age and description of each Lot. None of the seller, the Auctioneer, auctionroom.ie nor any of their employees, servants or agents shall be responsible for any error of description or for the condition or authenticity of any Lot. No warranty whatsoever is given by the seller, auctionroom.ie or Auctioneer or by any of their employees, servants or agents in respect of any Lot and any condition or warranty express, or implied by statute or otherwise is hereby specifically excluded.
17. Auctioneer's Discretion - With regard to the sale of any Lot, the Auctioneer shall have the following powers exercisable solely in the discretion of the Auctioneer:
(i) To decide whether to offer any Lot for sale or not;
(ii) To decide whether a particular Lot is suitable for sale by the Auctioneer and, if so, to determine the conditions of sale, duration and the manner in which such sale should be conducted;
(iii) To determine the description of any Lot on auctionroom.ie.
(iv) To determine what illustration of a Lot (if any) is to be included on auctionroom.ie.
(v) To decide whether to offer any Lot for sale or not;
18. Seller's Warranty and Indemnity - The seller warrants to the Auctioneer, to auctionroom.ie and to the buyer that he is the true owner of the Lot or is legally authorised to sell the Lot on behalf of the true owner and can transfer good and marketable title to the Lot free from any third party claims. The seller shall indemnify the Auctioneer, auctionroom.ie and the buyer or any of their respective employees, servants or agents against any loss or damage suffered by any of them in consequence of any breach of the above warranties or undertakings by the seller.
19. Reserves - Subject to the Auctioneer's discretion, the seller shall be entitled prior to the auction to place a reserve on any Lot. The reserve shall be the minimum Hammer Price at which the Lot may be sold by the Auctioneer. A reserve once in place may only be changed with the consent of the Auctioneer. Unless a reserve has been placed on a Lot in accordance with the provisions set out above such Lot shall be put up for sale without reserve. In the event that any reserve price is not reached then for so long as the Lot remains with the Auctioneer and to the extent that the Lot has not been re-entered in another auction the seller authorises the Auctioneer to sell the Lot by private treaty at not less than the reserve price. The Auctioneer shall ensure that in such a case those conditions herein which concern mainly the buyer shall, with any necessary modification, apply to such sale.
20. Unsold Lots - Where any Lot fails to sell at auction the Auctioneer shall notify the seller accordingly and (in the absence of agreement between the seller and the Auctioneer to the contrary) such Lot may, in the absolute discretion of the Auctioneer, be re-entered on auctionroom.ie unless instructions are received from the seller to the contrary.
21. Sniping - Sniping is not permitted on auctionroom.ie. If a bid is placed in the last 120 second of auction lifetime, 300 seconds will be added to enable underbidders to increase their offer. This cycle will continue until no bids are placed within the 120 second window.
22. Finance In Place - Bidders and buyers on auctionroom.ie confirm that they are in possession of sufficient funds at the time of bidding, so as to complete on all bids made. They further confirm that they are in a position to provide the Auctioneer and/or other parties connected to the sellers, with Proof of Funds if requested.
23. Criminal Justice Act (Money Laundering and Terrorist Financing) Act 2010 - buyers are required to provide the following to the selling agents of the property they’re interested in, before being activated on auctionroom.ie.
(i) Copy of Photo ID.
(ii) Proof of Funds. (e.g. copy of bank statement or letter of offer from lending institution)
(iii) Utility Bill showing current address.
24. Solicitors - Solicitors on auctionroom confirm that any and all information furnished to them are done so on a “subject to contract / contract denied basis”. Each solicitors acknowledges that they are providing independent legal advice to their respective client and, by exercising and relying on their own judgment, satisfied themselves as to the physical condition, title, legal status, age and description of each Lot. None of the seller, the Auctioneer, auctionroom.ie nor any of their employees, servants or agents shall be responsible for any error of description or for the condition in any way shape or form or authenticity in any way shape or form of any Lot. No warranty whatsoever is given by the seller, auctionroom.ie or Auctioneer or by any of their employees, servants or agents in respect of any Lot and any condition or warranty express, or implied by statute or otherwise is hereby specifically excluded. Solicitors further acknowledge that any queries raised and/or replied to via auctionroom.ie may be shared with other parties at the discretion of auctionroom.ie.