The Law and Practice as to Particulars and Conditions of Sale

The Law and Practice as to Particulars and Conditions of Sale (Paperback)

By Richard Henry Cole 
Publisher: General Books
Edition: Paperback
Language: English
ISBN: 1151482129
EAN: 9781151482129
No. of Units: 1
No. of Pages: 72
Publish Date: 2009-12-25
Binding: Paperback
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Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879. Excerpt: ... FORMS OF CONDITIONS OF SALE. No. 1.--Freeholds In One Lot. Conditions of Sale. 1. The highest bidder shall be purchaser; and if any dispute arise relative to any bidding, the auctioneer may determine the same, or put the lot up again at a previous undisputed bidding. No less advance than--I. shall be made, and no bidding shall be retracted (a). The vendor reserves his right to bid by himself or agent (b). (a) It is usual to put in this clause, but it is doubtful.whether it could be enforced. Sugd. V. & P. 14 (14th ed.); Dart, V. & P. 124 (5th ed.). (b) The practice in equity was to allow the vendor or his agent to bid in order to prevent the property going at an undervalue; not, however, to run up the biddings (Mortimer v. Sell, L. E., 1 Ch. 10; 35 L. J., Ch. 25); but at law the employment of a puffer always rendered the sale bad (Thornett v. Haines, 15 M. & W. 357; Green v. Baverstoclc, 14 0. B., N. S. 204). It is now enacted by 30 & 31 Vict. c. 48, that wherever the employment of a puffer would render the sale bad at law, it shall also be bad in equity. By sect. 6 the right for the vendor to bid may be reserved; but it must be expressly reserved in so many words, and not merely stated that there is a reserved price (Oilliaty. Gilliat, L. E., 9 Eq. 60). Should the sale be stated to be without reserve, the auctioneer personally contracts that such is the case (Warlow v. Harrison, 1 E. & E. 295, 316; 29 L. J., Q. B. 14). 2. The purchaser shall, immediately after the sale, pay to the auctioneer or vendor's solicitor- (c) a deposit of 10 per cent, of his purchasemoney (d), and sign the subjoined agreement, and shall complete his purchase, and pay the remainder of his purchase-money at the offices of Messrs., of, on the day of nest, on which day he shal...
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Specification

Title: The Law and Practice as to Particulars and Conditions of Sale
Publisher: General Books
Author: Richard Henry Cole
Edition: Paperback
Language: English
ISBN: 1151482129
EAN: 9781151482129
No. of Units: 1
No. of Pages: 72
Publish Date: 2009-12-25
Binding: Paperback

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