Legal
Terms and conditions
The terms that apply when using Your Sale to market, buy, sell or bid on auction property.
This page provides platform wording for review before launch and should be approved by Your Sale’s legal adviser.
Part A — Platform terms
About Your Sale
Your Sale is an online property auction platform operated by Your Sale Auction Limited at yoursaleauction.com. The platform handles property advertising, account approval, viewings, messaging, offers, auction bidding, auction closure and the sale-completion steps that follow. Bidding takes place natively on the platform through scheduled unconditional and conditional auctions.
Accounts and approval
Two account types are available: Buyer accounts for those who wish to bid, make offers or buy, and Business Seller accounts for businesses that list property. Every new account is reviewed and approved by Your Sale before it can be used. Sellers must be the owner of the property or properly authorised to act for the owner. Identity, anti-money-laundering and proof-of-funds evidence may be requested from buyers and sellers, and approval to bid may depend on that evidence being provided and verified.
Listing property
Business sellers provide accurate property information, photographs, floorplans, EPC details and legal information, and must instruct a solicitor to prepare the legal pack and upload it before the auction starts. A lot with no legal pack on the platform at the moment its auction starts is automatically withdrawn from that auction. Once a lot is live or scheduled for auction, changes are limited to media, description, solicitor details and EPC renewal. All listings are reviewed and approved by Your Sale before publication.
Guide prices
Guide prices are indicative and may change.
Offers
A buyer may make an offer on any advertised lot. The seller decides whether to accept, reject or counter. A seller may accept an offer at any amount, and an accepted offer takes the property through the same sale-completion steps as an auction win. Only one offer can be pending per buyer per lot at a time.
Fees
All fees quoted are exclusive of VAT, which is added at the prevailing rate. The purchase price is not subject to VAT unless the seller has opted to tax the sale, which is disclosed before you bid.
Messaging and privacy
Messages between buyers and sellers are private conversation threads. Property enquiries, offers and personal documents are not published.
Viewings and communications
Viewings are arranged through the platform either by booking a seller-set viewing date or by requesting a time, which the seller may confirm. Platform messages and email notifications are used to keep parties informed.
Property information
Sellers and agents must provide accurate information and remain authorised to act. Buyers should inspect the property, read the legal pack and take independent legal and financial advice before bidding or offering. Your Sale publishes the information provided by sellers and does not independently verify it.
Part B — Auction terms
About the auction terms
These auction terms apply to every auction conducted on Your Sale. By registering to bid you accept them, alongside the platform terms above.
Registration to bid
- Registration opens 3 days before the auction starts and closes when bidding begins.
- You must register for the auction and place the holding fee before approval to bid. Buyer identity and anti-money-laundering checks are carried out only after you win or a seller accepts your offer.
- You may be asked for proof of funds. Approval to bid is at Your Sale's discretion.
- Each approved bidder is identified in the auction room only as bidder 1, 2, 3 and so on. Your name is never shown to other bidders.
The holding fee
- To complete registration you must place a £2,000 holding fee on your card. It is held, not taken.
- If you do not win, it is released automatically and in full, normally within 5 working days of the auction ending.
- If you win, the £2,000 is taken and deducted from your Buyer's fee or Reservation fee.
- The holding fee does not secure or reserve the property, and it is not a deposit on the purchase.
Bidding rules
- Bids are placed in increments of £1,000.
- All bids are legally binding. A bid is an offer to buy the property on these terms and, if you win the auction, on the terms of the auction contract for an unconditional lot or the reservation agreement for a conditional lot.
- The platform's auction system decides which bids are accepted. Your Sale may refuse, retract or reverse a bid placed improperly, in error or in bad faith.
- Proxy (automatic) bidding: you may set a maximum bid. The system bids for you in £1,000 steps, only as needed to keep you in the lead, and never above your maximum. Your maximum is never visible to other bidders.
- Anti-sniping: a bid received in the final moments of the auction extends the end time so other bidders can respond.
- If you bid or make an offer for a company, trust or another person, you are personally bound by the result, jointly with the buyer you act for.
- You must bid only on your own behalf. You may not collude with other bidders, manipulate bidding or withdraw a bid after it is accepted.
Unconditional auctions
- The highest bid at or above the reserve price when the auction ends wins, and contracts exchange immediately.
- The successful buyer pays a 5% deposit of the sale price, and the Buyer's fee — a percentage of the sale price with a minimum of £4,000, plus VAT — minus the £2,000 holding fee already taken.
- The auction contract incorporates the RICS Common Auction Conditions (5th edition) and the special conditions in the legal pack.
- The auction contract is released to the successful buyer once the deposit and Buyer's fee are paid. Completion follows the dates in the contract.
Conditional auctions
- The highest bid at or above the reserve wins, and the winning bidder is bound by the reservation agreement fixing the sale conditions and completion period. By bidding, you have already agreed to sign the reservation agreement if you win.
- The reservation agreement terms — including the reservation fee, the up-to-28-day reservation period to exchange and the further up-to-28-day completion period — are available to read in the legal pack before you bid.
- The successful bidder pays the Reservation fee — a percentage of the sale price stipulated by the seller, with a minimum of £4,000, plus VAT — minus the £2,000 holding fee already taken. The Reservation fee is a fee for the reservation service; it is additional to the purchase price and is not put towards it.
- The later sale contract incorporates the RICS Common Auction Conditions (5th edition), adapted for a conditional sale, and the special conditions in the legal pack.
- No deposit is due at this stage. Exchange of contracts follows once searches, enquiries and finance are complete within the reservation period.
- A pre-auction offer accepted by the seller on a conditional lot follows the same process as an auction win: the buyer pays the Reservation fee and signs the reservation agreement under the same reservation terms. Unlike a winning bidder, a buyer whose offer is accepted is not bound until they sign the reservation agreement and may withdraw before signing.
Reserve price and results
- Each lot has a confidential reserve price set by the seller, which is never displayed. A lot will not sell below its reserve through bidding.
- If bidding does not reach the reserve, the lot does not sell and all holding fees are released.
Offers before the auction
A pre-auction offer accepted by the seller takes the lot out of the auction. In that case no holding fee is taken — any offer payment is made in full, and registered bidders' holding fees are released.
Payment
- The holding fee is taken by card through the platform.
- Deposits, Buyer's fees and Reservation fees are paid by bank transfer to Your Sale's nominated account, with instructions issued only after Your Sale has passed the successful buyer’s external AML check and approved their source of funds. The auction holding fee is the exception and may be taken beforehand. Payment must clear before the signed auction contract or reservation agreement is issued. For conditional lots, the reservation agreement terms are available to read in the legal pack before bidding.
- Unconditional lots: if the successful buyer fails to pay the deposit or Buyer's fee by the deadline, this is a breach of the binding contract. The holding fee is retained and the seller may use the remedies in the RICS Common Auction Conditions, including claiming losses and any shortfall on resale.
- Conditional lots: if the successful buyer fails to pay the Reservation fee by the deadline, they are treated as having withdrawn. The reservation ends, the holding fee is retained and the lot may be remarketed.
If you win
- You are committed to buy on the terms of the auction contract or reservation agreement. Bidding is not a "subject to contract" negotiation.
- You'll be guided through the sale-completion steps on the platform, including solicitor details and document exchange.
The legal pack
- A lot with no legal pack on the platform at the moment its auction starts is automatically withdrawn from that auction.
- The legal pack is prepared by the seller's instructed solicitor and made available to approved interested parties before bidding. You should read it, inspect the property, and take independent legal and financial advice before you bid.
- For unconditional sales, the contract is released separately to the successful buyer after payment of the deposit and Buyer's fee.
Auction conduct and cancellation
- Your Sale may pause, extend, postpone or withdraw a lot at any time before the auction ends.
- If the platform cancels an auction for a reason not attributable to you, your holding fee is released.
- Abusive conduct, attempted bidder intimidation or misuse of the platform may lead to suspension of your registration without release of the holding fee where caused by your breach.
Data and privacy
Bidding records, holding-fee records and identity checks are processed as described in the Privacy Policy and kept as required by anti-money-laundering law.
Part C — Liability and changes
Liability
Your Sale provides the marketplace and auction platform but does not act as an estate agent, solicitor or lender. Nothing on the platform is legal or financial advice. Your Sale is not liable for a party's failure to complete, for the accuracy of property information, or for losses arising from reliance on it, to the extent permitted by law.
Changes to these terms
These terms may be updated from time to time. The version published on this page applies to your use of the platform.
