What are special conditions of sale?
Every UK property auction sale takes place under a standard set of conditions — either the Common Auction Conditions (4th Edition) published by the RICS, or the Standard Commercial Property Conditions. These standard conditions set default rules for the purchase: the deposit amount, the completion period, the interest rate on late completion, and so on.
Special conditions are additional, lot-specific terms prepared by the seller's solicitor and added to the legal pack for that individual property. They take precedence over the standard conditions wherever there is a conflict. This means a seller's solicitor can — and routinely does — override the buyer-friendly defaults in the standard conditions with terms that are significantly less favourable.
Once the hammer falls at auction, the contract is formed on both the standard and special conditions as they appear in the legal pack at the time of bidding. There is no opportunity to negotiate, object, or withdraw. The special conditions are binding from that moment, whether you have read them or not.
Legal packs are made available before auction. The law assumes you have read them. "I didn't read the special conditions" is not a defence — it does not create a right to withdraw, to renegotiate, or to seek compensation for costs you discover after the hammer has fallen. The information was available. You were expected to use it.
Where to find special conditions in a legal pack
Special conditions are usually a separate document within the legal pack, titled "Special Conditions of Sale", "Seller's Conditions", or "Addendum to Auction Conditions". They typically appear near the front of the pack — often after the Common Auction Conditions to which they are an addendum. In some packs, they are embedded within a combined conditions document.
Also check for:
- Addendum sheets — late additions from the auctioneer or seller's solicitor, sometimes released only a day or two before the auction. These amend the original special conditions and must also be read in full.
- The auction house's standard buyer terms — a separate document, often at the front of every lot's pack, setting out the auctioneer's fee schedule and general purchase terms applicable to all lots
The most dangerous special conditions to look for
A clause requiring the buyer to pay the seller's solicitor fees on completion. Usually stated as a fixed amount (e.g. "£1,200+VAT payable to the seller's solicitors on completion"). Amounts range from £800 to £10,000+VAT. This is the most common hidden cost in auction legal packs.
A clause requiring the buyer to reimburse the seller for the cost of the Local Authority Search, drainage search, and environmental search. Total search costs are typically £200–£600, but must be paid on completion regardless of whether you commissioned the searches.
The standard CAC completion period is 20 working days. Special conditions frequently shorten this to 10 or 14 working days — sometimes 5. If you need a mortgage, this is often unachievable. If you miss completion, daily interest accrues at 4–8% per annum and the seller may ultimately be able to rescind and retain your deposit.
"No title guarantee" means the seller is not making any promise about the quality of the title being transferred. "Limited title guarantee" means the seller only warrants against incumbrances they know about. Both are materially worse than "full title guarantee" and mean you have reduced legal recourse if a title problem emerges after completion.
A clause confirming the buyer has inspected the property and takes it in its current physical condition, with no right to renegotiate on condition grounds. This is standard at auction, but some special conditions go further and explicitly waive any implied terms about condition. Understand what you are accepting.
As discussed in detail in our seller fees guide — a fee payable to the auction house on exchange, in addition to the deposit. Typically £3,000–£6,000+VAT at modern method auctions; £750–£2,000+VAT at traditional auctions.
A clause under which the seller retains the right to a percentage of any future uplift in the property's value — typically if planning permission is obtained within a specified period (often 10–25 years from completion). Overage clauses are common on development land and properties with potential for conversion or extension. They must be disclosed to future buyers and affect resaleability.
How to read special conditions systematically
When reviewing special conditions, work through them clause by clause and build a running total of:
- All confirmed buyer costs (fees, seller's legal costs, search costs) — express as a single "total buyer additions"
- The completion period — note the exact number of working days and whether this is achievable with your financing
- The title guarantee — full, limited, or none
- Any VAT applicable to the purchase price
- Any ongoing obligations (overage, maintenance, covenants)
- Any indemnity insurance requirements placed on the buyer
The combination of these items forms your true maximum bid calculation — not the guide price, not your view of the property's value, but the guide price minus all confirmed additional costs and risks.
Is your legal pack flagging dangerous special conditions?
Upload your legal pack and LegalPack AI checks for special condition risks and 100+ other issues in minutes. Solicitors charge £350–£550+VAT for the same review — we charge £9.99.
Analyse your legal pack — first analysis freeFrequently asked questions
What are special conditions of sale at auction?
Special conditions are lot-specific terms prepared by the seller's solicitor that override the standard Common Auction Conditions. They are legally binding from the fall of the hammer and can impose extra costs, shortened completion periods, limited title guarantee, and other obligations not found in the standard terms.
Can special conditions be negotiated?
No — not after the hammer falls. The contract is fixed at that moment. Before bidding, you could theoretically raise a query through the auctioneer, but sellers rarely agree to amend special conditions. In practice: read the special conditions before bidding and decide whether to bid on the terms as stated.
What is the difference between standard and special conditions?
Standard conditions (Common Auction Conditions 4th Edition) are defaults that apply to all lots. Special conditions are lot-specific overrides prepared by the seller's solicitor. Where there is a conflict between the two, special conditions always take priority.
What does "limited title guarantee" mean?
Limited title guarantee means the seller is only promising the title is free from incumbrances they know about — not from all incumbrances. This provides less protection than "full title guarantee". If a title defect emerges after completion, the buyer has reduced legal recourse against the seller under a limited guarantee transfer.
How long do I have to complete after auction?
Under the standard CAC, 20 working days. Special conditions frequently reduce this to 10 or 14 working days. Some lots require completion within 5 working days. Always check the specific lot's special conditions before bidding if you need mortgage finance — many mainstream lenders cannot process within shortened completion windows.
Read every special condition before you bid
LegalPack AI reads every clause in the special conditions and tells you exactly what you're agreeing to — confirmed costs, completion period, title guarantee, and all other deviations from standard. From £9.99. Solicitors average £429+VAT.
Analyse Your Legal Pack →