What if I discover a title defect after the auction?
When you buy a property at auction, you are committing to purchase it on the terms set out in the legal pack, whether or not you fully understand those terms. If you discover a title defect after the auction, you are generally bound to complete the purchase, regardless of the issue.
What is a title defect?
A title defect is any legal issue affecting the ownership or marketability of the property. Common examples include:
- Missing rights of access or unclear boundaries.
- Unregistered title, or gaps in the chain of ownership.
- Restrictive covenants that limit how the property can be used.
- Easements or rights of way benefitting other parties.
- Charges or restrictions registered against the title.
- Absence of title plan or supporting deeds.
These issues may not prevent ownership — but they can reduce the value, affect resale, or make obtaining finance more difficult.
Can you back out?
In most cases, no. The standard auction conditions (and the special conditions) will usually state:
- The buyer has had the opportunity to inspect the title.
- The buyer accepts the title “as it is”.
- No further enquiries or objections can be raised after the hammer falls.
This means you cannot withdraw from the contract or demand a price reduction — even if a serious defect comes to light later.
Are there any exceptions?
A limited number of exceptions may apply if:
- The seller has deliberately misrepresented the title.
- The contract includes a clause requiring good title and the defect prevents this.
- The seller refuses to remedy a known defect that they undertook to resolve.
Even then, legal action is needed — and timeframes are extremely tight.
How to protect yourself
- Instruct your solicitor to review the legal pack before bidding.
- Do not rely on the auctioneer’s description alone — they may not be aware of title issues.
- If something in the title looks unusual or unclear, do not bid until it’s resolved.
- Be cautious of unregistered land, especially if supported only by a statutory declaration or handwritten deeds.
Summary
Buying at auction means accepting the legal title warts and all. If a defect is discovered after the auction, you will almost certainly still have to complete. This is why legal pack review is critical — and something we specialise in at Versus Law.










