TERMS FOR SELLERS, LISTING AGENTS & BUYER AGENTS
ANYONE ATTEMPTING TO REGISTER TO LIST PROPERTIES FOR AUCTION ON
UKuBid
OR PLACE BIDS FOR A PROPERTY CLIENT / AGENT MUST THOROUGHLY READ AND AGREE TO EACH
OF THE RULES BELOW. FOR THE AVOIDANCE OF DOUBT ANY PERSON TRANSACTING IN AN AUCTION
THROUGH THIS SITE WILL BE BOUND BY THESE TERMS.
Note: UKuBid does
not distribute or "Give out" listings to agents. All listing agents are already
assigned by the sellers when we receive bank-owned properties. This registration
page is for sellers, listing agents representing specific properties, and buyer
agents only. Each estate or property agent, business entity or builder/developer
listing properties on
UKuBid
shall be required to adhere to the following terms and conditions. If these terms
and conditions are not adhered to, UKuBid,
in its sole and absolute discretion, may revoke the listing/selling privileges of
person, agent or entity.
Each estate or property agent bidding on a property for a client, for another agent
and client, or for him or herself, shall be required to adhere to the following
terms and conditions. If these terms and conditions are not adhered to,
UKuBid,
in its sole and absolute discretion, may revoke the bidding privileges of any person
or entity. For the avoidance of doubt any description of a person is the same as
an entity, any singular includes the plural and any reference to the masculine includes
the feminine.
Seller
A "Seller" on this site shall be defined as the estate or property agent, business
entity, builder/developer or any person that is approved to list and sell properties
on this site. UKuBid only
accepts properties from estate or property agents, financial institutions and builders/developers
and approved sole seller’s.
Agent
An "Agent" on this site shall be defined as an estate or property agent acting as
a Listing Agent or Buyer Agent. The Listing Agent must be an registered estate or
property agent in the area for which they are acting.
Bidder
A "Bidder" shall be defined as an approved, registered bidder on
UKuBid.
Duration: The "Duration" is the timeframe during which a property is listed on UKuBid to receive bids. It also includes
the two-day, pre-auction, staging period and the "post-auction" negotiation period,
which could last up to seven days.
Internet Transaction Fee
The "Internet Transaction Fee" is a fee above and beyond the high bid amount that
is paid by the buyer to
UKuBid
at the closing. The Internet Transaction Fee may vary by property type and by seller
type. Please refer to each property's individual Bid Page for the specific Internet
Transaction Fee to be paid for that property. The Internet Transaction Fee can either
be added to the bid price to arrive at the total contract price, or be charged as
a buyer paid item on the HUD-1. A Seller can choose to pay the Internet Transaction
Fee for the buyer. If this is done, the fee should be charged as a seller paid item
on the HUD-1.
The following Terms and Conditions apply to Listing Agents posting properties on
UKuBid:
- I acknowledge that I will only list properties on
UKuBid
that are located in a town, county or region in which I am actively operating. The
agent in whatever form will be a properly form Limited company, Partnership, LLP
or Sole Trader. UKuBid reserves
the right to conduct its own due diligence prior to any transaction.
- I acknowledge that once a property is placed on
UKuBid,
ALL OFFERS I receive during the auction Duration shall be placed through the website.
NO offer shall be considered "outside" the online auction process.
- I acknowledge that for the duration of my client's
UKuBid
auction, I will not list the same property on any other auction website.
- I acknowledge that any purchaser of a property on this site shall be required
to pay an Internet Transaction Fee in the amount listed on the property's bid page.
This fee can be disbursed at the closing by the closing agent. I agree that if anyone
purchases the property during the online auction process,
UKuBid
shall be due its fee. If someone who bid on the property during the
UKuBid
auction purchases the property within 30 days of the conclusion of the auction duration,
UKuBid shall be due its fee. It is my responsibility
to make sure that this fee is paid by the buyer. As a listing agent for a conventional
market property being marketed on
UKuBid,
I acknowledge that it is my responsibility to ensure that a
UKuBid
Addendum, which outlines the appropriate Internet Transaction Fee to be paid to
UKuBid by the buyer, is made part of the purchase
contract. This is a non-negotiable fee, and I agree that I will pay the required
fee to UKuBid if the
fee is not collected from the buyer.
- I acknowledge that after listing a property on
UKuBid
I will leave it on the site for the full Duration of the auction or I will be charged
a withdrawal penalty (unless I have made prior arrangements with
UKuBid).
The Withdrawal Penalty is calculated based on the reserve amount and the transaction
fee amount. Example: If the reserve price is £100,000 and the transaction fee is
1% (posted on the property's bid page) then the penalty charged to the agent for
early withdrawal is £1,000. This amount will be due in 30 days from the date the
property is withdrawn from
UKuBid.
- I acknowledge that the starting bid for my client's property auction will be automatically
generated by the UKuBid system
for maximum effectiveness in attracting bidders and that the starting bid is not
a figure determined by me or my client.
- I acknowledge that I will be responsible for maintaining complete and accurate
information about the properties that I list on
UKuBid.
- I acknowledge that I will maintain control over my listings on
UKuBid
and shall encourage each potential buyer that I come in contact with to place bids
through the website.
- I acknowledge that I will not bid on or artificially influence bidding on any
property I have posted for auction on UKuBid.
I will also make certain the Property Owner understands and agrees not to bid on
or artificially influence bidding. If either of us are found to be bidding on or
attempting to influence bidding on a property I have posted on the site,
UKuBid,
in its sole and absolute discretion, may revoke any and all existing listing privileges,
including removing the property from the site.
- I acknowledge that all offers are to be presented in a timely fashion. If I am
found to be working against
UKuBid
or holding offers during the online auction process,
UKuBid
shall pursue all legal remedies afforded it by law.
UKuBid
shall also pass this information to my governing or supervising body and where the
agent is regulated that body will be reported to.
- I acknowledge that by listing a property on
UKuBid
I agree to act with honesty and integrity. I also agree to deal with all Bidders
provided by UKuBid in a
fair and courteous manner and understand that rude or unprofessional conduct toward
a Bidder is unacceptable. If
UKuBid
finds that I am acting in a manner that is unacceptable to their standards,
UKuBid,
in its sole and absolute discretion, may revoke any and all existing listing privileges
including removing the property from the site.
- I acknowledge that
UKuBid
is a transaction vehicle only and that there is a fiduciary relationship but no
agency relationship with the listing agent.
- I acknowledge that
UKuBid
gives no warranties as to its abilities to obtain a bid or an acceptable price for
a property.
The following Terms and Conditions apply to Buyer Agents bidding on properties on
UKuBid:
- I acknowledge that all site users shall act with honesty and integrity while on
the site; otherwise, user privileges shall be revoked. Each buyer or buyer agent
shall review and adhere to the Terms of Sale for each individual property listed
on the site on behalf of his or her client.
- I acknowledge that
UKuBid
may suspend my account and seek legal remedies if the site's staff at any time suspects
that I have committed or engaged in fraud or fraudulent activities relating to transactions
on the site. Any buyer or buyer agent making fraudulent bids shall be banned from
the site indefinitely without any recourse from the agent.
The following Terms and Conditions apply to All Sellers/Agents Using
UKuBid:
- I acknowledge that
UKuBid
reserves the right to reject any estate or property agent, business entity, builder/developer
or any property in its sole and absolute discretion.
- I acknowledge that
UKuBid
reserves the right to deny any estate or property agent, business entity or builder/developer
"Approved Seller Status" for any reason in its sole and absolute discretion.
- I acknowledge that all events are public in nature, unless otherwise denoted by
the property information.
- I agree to release and hold harmless UKuBid
from any claims that may arise from the Seller's or Bidder's actions related to
any transaction on the site.
Disclaimer
UKuBid does not take responsibility for unlawful
actions by a person or corporation entering the site. That
UKuBid
shall be held harmless for any interpretation or misunderstanding regarding any
item described. Therefore all users agree to a waiver.
It is recommended that any listing agent posting a property on
UKuBid
should have an Auction Listing Addendum agreed upon and executed by the Property
Owner before beginning a
UKuBid
auction. The addendum acknowledges that the Property Owner wants the property to
be marketed on UKuBid and helps
protect the listing agent and
UKuBid
from a Property Owner attempting to increase the reserve price after the auction
bidding begins.