Author: numan
Who insures the property and when?
When you buy a property at auction, you become legally responsible for insuring it from the moment the hammer falls — that is, from the point of exchange of contracts, which happens immediately at auction. This is very different from a standard property transaction, where the buyer usually takes on insurance responsibility at completion.
WHEN DOES RESPONSIBILITY BEGIN?
- Immediately on exchange, which is the moment your bid is accepted at the auction.
- Even though you won’t move in or legally own the property until completion, you bear the risk from exchange.
This means that if the property burns down or is damaged between exchange and completion, and there is no valid insurance, you may still be legally required to complete the purchase and pay the full price.
DO I NEED TO ARRANGE INSURANCE MYSELF?
Yes — unless the legal pack clearly states that the seller is maintaining insurance and the benefit of that cover will pass to you (which is rare). You should:
- Arrange buildings insurance as soon as you win the bid.
- Make sure the cover is adequate for the rebuild cost of the property.
- Check whether there are any special requirements (e.g. for vacant properties, listed buildings, or leaseholds).
If you’re using a mortgage, your lender will usually require you to have suitable insurance in place by the time of completion — and they may want to see proof earlier.
LEASEHOLD CONSIDERATIONS
If the property is leasehold:
- The freeholder or management company usually insures the building, not you.
- But you may still need to confirm that adequate cover is in place, and that the costs are reasonable.
SUMMARY
You are responsible for insuring the property from the moment the hammer falls. Do not wait until completion — make sure your buildings insurance is in place immediately after the auction to protect your investment.
What is a completion statement and when do I need to send funds?
As your auction purchase approaches the completion date, we will prepare a completion statement. This is a final financial summary that tells you exactly how much to pay, where to send the unds, and when the money must arrive.
However, we can only issue this once all legal and regulatory checks have been completed, including ID verification, source of funds approval, and in some cases, receiving final figures from our lender.
WHAT IS A COMPLETION STATEMENT?
The completion statement is a detailed breakdown setting out:
- The purchase price, minus your deposit
- Any auction fees or seller’s costs (if applicable)
- Our legal fees and disbursements
- Stamp Duty Land Tax (SDLT)
- The total amount due from you to complete the transaction
It helps ensure there are no surprises and gives you clear payment instructions.
WHEN WILL I RECEIVE THE COMPLETION STATEMENT?
We aim to issue your completion statement as early as possible — but this depends on:
- Completion of all identity and anti-money laundering checks
- Confirmation of your funding arrangements
- Final figures being received from the seller’s solicitor
- If you are using a mortgage or bridging lender, we may also need to wait for their own completion statement or redemption calculations
In auction transactions, lenders (especially bridging companies) sometimes issue their statements late in the process. This may delay when we can give you the full final figure.
WHEN DO I NEED TO SEND FUNDS?
Once you receive our completion statement, we will give you a clear payment deadline.
- You must send cleared funds (from your bank account) ideally one working day before completion.
- If you are using a mortgage or bridge, your lender will usually send their portion directly to us.
- You will need to send your own contribution — including legal costs, SDLT, and any deposit shortfall.
Funds must be sent to the correct client account, which we will confirm in writing.
WHY THIS CAN’T BE RUSHED
We are not allowed to receive funds until:
- You have passed ID and source of funds checks
- We have full and correct completion figures
- We are satisfied the transaction is legally and ethically compliant
Sending money before these checks are completed can result in it being held — or even returned.
SUMMARY
Your completion statement confirms what is due and when — but it can only be provided once all legal, compliance, and lender requirements are satisfied. At Versus Law, we monitor all aspects closely and will issue your statement in good time, helping you complete without delay or risk.
What happens if my mortgage doesn’t come through in time?
If your mortgage doesn’t complete in time for your auction purchase, the consequences can be severe. Remember: when you buy at auction, contracts are legally exchanged as soon as the hammer falls. From that moment, you are contractually committed to complete within the time stated in the auction conditions — usually 14 or 28 days.
If your mortgage funds aren’t ready by the completion deadline, you risk:
- Losing your 10% deposit
- Being charged daily interest penalties
- Facing legal action or being sued for damages by the seller
WHAT ARE YOUR LEGAL OBLIGATIONS?
Once the contract is exchanged at auction, you are obliged to complete the purchase — regardless of how you are funding it. The seller is not required to extend your deadline or wait for your lender.
Your mortgage lender may delay or decline funding for reasons such as:
- Down-valuing the property
- Title or legal defects in the auction pack
- Issues discovered during survey
- Missing documents or last-minute underwriting concerns
Unfortunately, these do not excuse you from completion — they are considered your responsibility under the contract.
WHAT ARE THE FINANCIAL CONSEQUENCES?
If your funds don’t arrive on time, the seller may:
- Serve a Notice to Complete — giving you 10 working days to complete with penalty interest (typically 4% above base rate).
- Charge you contractual interest from the date completion was due.
- If you still fail to complete:
- Keep your 10% deposit
- Resell the property and pursue you for any shortfall and legal costs
This can lead to county court judgments (CCJs) or enforcement action — even bankruptcy in severe cases.
WHAT CAN YOU DO?
If you’re relying on a mortgage:
- Have a decision in principle ready before bidding
- Instruct your solicitor to review the auction legal pack early
- Use a lender familiar with auction timelines
- Consider using bridging finance if there’s any doubt about speed
At Versus Law, we work with mortgage brokers, underwriters, and bridging lenders to help clients secure funds quickly and avoid the risks of missed deadlines.
SUMMARY
If your mortgage doesn’t come through in time, you’re still bound by the auction contract. Delays can be costly — and walking away will likely mean losing your deposit and facing legal claims.
Always check your funding position before bidding, and if in doubt, speak to us before the auction. We’re here to help you complete — on time and without stress.
What are lender panel solicitors and why does it matter?
If you’re using a mortgage or bridging loan to buy an auction property, your lender will typically only allow certain law firms — known as panel solicitors — to act on their behalf. This is known as being on the lender’s approved panel.
Choosing a solicitor not on your lender’s panel can cause serious delays, extra costs, or even put your purchase at risk.
WHAT IS A LENDER PANEL?
Lenders have a panel of approved solicitors who meet their internal standards for:
- Experience and qualifications
- Regulatory compliance
- Financial controls and insurance
- Use of secure systems (e.g. for bank account verification)
If your solicitor is not on the panel, the lender may:
- Appoint a separate solicitor to act on their behalf
- Charge you additional fees
- Delay issuing the mortgage funds
- Refuse to proceed entirely
In a standard sale, this can be frustrating — in an auction sale with a 14–28 day deadline, it can be disastrous.
WHAT HAPPENS IF MY SOLICITOR ISN’T ON THE PANEL?
If you instruct a solicitor who isn’t on your lender’s panel:
The lender may insist on using a dual-representation setup — where your solicitor acts for you, and a second firm acts for the lender
This creates delays in communication, approval, and completion
You may be charged two sets of legal fees
Completion could be missed, resulting in loss of your deposit or breach of contract
HOW DO I AVOID THIS?
Before instructing a solicitor, always:
Ask your lender (or broker) which law firms are on their panel
Confirm that your chosen solicitor can act for both you and your lender
If in doubt, speak to us — Versus Law is on the panel for many major lenders and bridging providers, and we work with brokers to match your funding source
SUMMARY
If you’re using finance, your solicitor must be on your lender’s panel — or you risk delays, extra costs, and even failure to complete. At Versus Law, we’re trusted by high street banks, specialist mortgage lenders, and bridging firms — which means we can act for both you and your lender, ensuring a smooth and timely auction purchase.
What is bridging finance and how does it work?
Bridging finance is a short-term loan designed to “bridge the gap” between the purchase of a property and longer-term financing or resale. It’s commonly used in auction purchases where speed is essential and traditional mortgage processes can’t keep up with the tight 14- or 28-day completion deadlines.
For many buyers, bridging finance is the only realistic way to secure a property at auction and avoid defaulting on the contract.
Bridging Loan | Traditional Mortgage |
---|---|
Short-term (3–18 months) | Long-term (10–30 years) |
Quick to arrange (5–10 days) | Slow approval (3–6 weeks) |
Higher interest rates | Lower interest rates |
Asset-backed lending | Income and affordability-based |
Flexible repayment | Monthly repayments or interest retained |
Bridging loans are usually secured against the property you are buying, and sometimes another property you already own.
HOW MUCH DOES IT COST?
Bridging loans tend to be more expensive than standard mortgages. Costs may include:
- Monthly interest (usually 0.6%–1.2%)
- Arrangement fee (1%–2%)
- Legal and valuation fees
- Exit fees (sometimes, depending on the lender)
Some lenders offer “retained interest” — where the interest is deducted from the loan upfront, so you don’t pay monthly.
WHEN IS IT A GOOD OPTION?
- You need to complete quickly (e.g. 14 days post-auction)
- The property is not mortgageable (e.g. no kitchen/bathroom, short lease)
- You plan to refurbish and sell or refinance
- Your mortgage isn’t ready but you want to secure the deal now
Bridging lenders are more flexible than banks and will often lend on unusual properties, titles, or structures.
RISKS AND CONSIDERATIONS
- Interest adds up quickly — it’s not suitable for long-term borrowing
- If you can’t refinance or sell, you risk default and repossession
- You must have a clear exit strategy (e.g. mortgage, sale, or investment return)
- Not all bridging lenders are regulated — always use a reputable provider
SUMMARY
Bridging finance can be a powerful tool for auction buyers — giving you the speed and flexibility to complete where a mortgage would fall short. At Versus Law, we work closely with specialist bridging lenders and can assist with all legal aspects of the transaction, ensuring funds are drawn down and applied properly within the deadline.
What if I’m using a mortgage or bridging finance?
Using a mortgage or bridging loan to fund an auction purchase is common — but it comes with major risks unless everything is in place before you bid.
Unlike a normal house purchase, auction sales have strict deadlines, usually 14 or 28 days from the date of the auction. This means you must complete within that time, regardless of whether your mortgage or loan is ready.
WHAT CAN GO WRONG?
Most mortgage lenders require:
- A valuation.
- Full title checks.
- Satisfactory legal documents.
This process often takes longer than the auction completion deadline, especially if the legal pack has issues (e.g. missing planning documents or lease defects). Bridging lenders are usually faster, but: They may still require legal checks, and Interest rates and fees can be very high.
WHAT HAPPENS IF THE FINANCE DOESN’T ARRIVE IN TIME?
- You will default on the contract.
- You will lose your 10% deposit.
- The seller can claim additional losses if the property is re-sold at a lower price or with added costs.
- You could face court proceedings and a County Court Judgment (CCJ).
The auction contract will not give you extra time to secure finance — even a short delay can have serious consequences.
WHAT YOU SHOULD DO BEFORE BIDDING
- Speak to your lender or broker in advance
- Have an Agreement in Principle or confirmed facility
- Make sure your solicitor can review the legal pack quickly
- Be prepared to complete on time, even if using cash to bridge any gap
SUMMARY
If you’re using finance to fund your auction purchase, everything must be ready before you bid. You cannot rely on getting an extension — and the financial and legal risks of delay or failure are severe.
Can I get a mortgage for an auction property?
Yes — it is possible to use a mortgage to buy an auction property, but it comes with important limitations and risks. Most auctions require you to complete within 14 or 28 days of the auction date, so the timing is extremely tight for a standard mortgage application. If your mortgage is not ready in time, you could lose your 10% deposit, be liable for interest or penalties, and even face legal action for breach of contract.
CAN I USE A STANDARD RESIDENTIAL MORTGAGE?
It depends on the property and lender – some auction properties are mortgageable, but others may be refused due to:
- Short leases
- Structural defects
- Non-standard construction
- Missing planning or building control documentation
- Uninhabitable condition
Many lenders also won’t release funds without a full legal review, which may not be completed in time.
If you’re relying on a mortgage, you need to ensure:
- You have a decision in principle (DIP) before bidding.
- The legal pack has been reviewed in advance to identify any red flags.
- You are able to meet the lender’s valuation and underwriting requirements quickly.
WHAT ARE THE RISKS?
- If the lender down-values the property, you may not receive the full loan.
- If there is any legal issue with the title or condition, the mortgage could be refused.
- Mortgage lenders often need a valuation survey, which can delay approval.
- If you can’t complete on time, you will likely lose your deposit, and the seller could claim damages.
WHAT ARE THE ALTERNATIVES?
Many auction buyers use bridging finance instead:
- Faster to arrange than a traditional mortgage.
- Can be used to secure the property first, with a view to refinancing later.
- Usually more expensive than a mortgage but avoids delays and risk of default.
We can recommend finance brokers and assist with the legal documentation needed to complete quickly with either route.
SUMMARY
You can get a mortgage for an auction property — but only if you’re prepared. Timing is critical, and legal issues in the auction pack can cause lenders to decline or delay. At Versus Law, we
work closely with mortgage lenders and bridging finance providers to make sure your deal progresses smoothly and legally.
Can I change my solicitor after the auction?
Technically, yes, you can change your solicitor after the auction — but it is strongly discouraged unless absolutely necessary. Once the hammer falls and contracts are exchanged, the clock starts ticking. Completion deadlines in auctions are usually 14 or 28 days, and changing solicitors mid-way can seriously disrupt the process.
WHY IT’S RISKY TO SWITCH SOLICITORS AFTER AUCTION
Changing solicitors late in the process can lead to:
- Delays in file transfer, especially if the previous solicitor is uncooperative.
- Time lost repeating identity checks, onboarding, and title reviews.
- Missed completion deadlines, which can result in:
- Loss of deposit
- Daily interest penalties
- Legal action for breach of contract
The new solicitor would have to rebuild the file from scratch, including reviewing the legal pack, confirming finance, and communicating with the seller’s solicitor — often in a drastically shortened timeframe.
WHEN MIGHT IT BE NECESSARY?
In rare cases, a change might be appropriate if:
- Your current solicitor lacks auction experience or refuses to act within the required timescale.
- The firm is unresponsive, closed, or unable to complete the transaction.
- You are switching from a general conveyancer to an auction specialist like Versus
Law who can handle complex or urgent issues quickly.
If you do switch, make sure the new solicitor is:
- Fully briefed with all existing documents (legal pack, memorandum of sale, ID checks)
- Able to act immediately upon instruction
- Experienced in auction timescales and risks
HOW TO MINIMISE DISRUPTION
If you need to change firms, you should:
- Obtain a full copy of the legal pack and all correspondence from the original solicitor.
- Ensure your new solicitor confirms capacity and turnaround time before instruction.
- Be clear about your completion date and whether mortgage or bridging finance is in place
- Instruct the new solicitor in writing as soon as possible.
SUMMARY
While it is legally possible to change your solicitor after the auction, doing so is highly risky and should only be considered when absolutely necessary. At Versus Law, we’re often asked to
take over urgent auction files and can act quickly — but we always recommend clients instruct the right solicitor before bidding to avoid unnecessary complications.
What is a regulated tenancy and why is it risky?
A regulated tenancy is a type of residential tenancy created before 15 January 1989, offering extensive legal protection to the tenant — including the right to remain in the property for life and to pass the tenancy on in some circumstances.
These tenancies are governed by the Rent Act 1977, not the modern Housing Acts, and are still legally valid today. For buyers at auction, especially investors, a regulated tenancy can drastically affect the value, income potential, and resale prospects of a property.
WHAT ARE THE KEY FEATURES OF A REGULATED TENANCY?
- The tenant may have a lifetime right to stay in the property
- Rent is set by a Rent Officer, and is usually well below market value
- The landlord has very limited grounds to evict, and cannot use Section 21
- The tenancy may be inherited by a spouse or family member (a “statutory succession”)
Even if the property is sold, the tenancy continues under the same terms — so you cannot regain vacant possession unless one of the limited legal grounds applies.
WHY IS THIS RISKY FOR BUYERS?
NO VACANT POSSESSION
You cannot force the tenant to leave unless they breach the tenancy or one of the rare statutory grounds applies.
BELOW-MARKET RENTAL INCOME
Many regulated tenants pay less than 20% of market rent, set years ago by a tribunal.
PROPERTY VALUE IS REDUCED
Regulated tenancies can reduce a property’s value by 30–60%, depending on the rent and the tenant’s age.
RESALE AND REFINANCING DIFFICULTIES
Lenders may refuse to offer a mortgage, and future buyers may also be put off.
HOW CAN I TELL IF A PROPERTY IS REGULATED?
Auction legal packs should disclose the tenancy type, but always check:
- The tenancy start date (pre-15 January 1989 is a red flag)
- Any references to the Rent Act 1977
- The tenant’s age and how long they’ve been in the property
- Whether there is a rent registration certificate
We can advise based on the auction legal pack and raise pre-auction enquiries where needed.
SUMMARY
Regulated tenancies are legally protected and often impossible to end — making the property unsuitable for development, resale, or market-rate lettings. If you’re buying for investment, you need to understand the long-term limitations. At Versus Law, we help auction buyers identify regulated tenancies early and assess whether the investment is viable — before you’re locked in.
What is a possessory title and should I be concerned?
A possessory title is a type of land ownership recorded by HM Land Registry when the full legal title (usually the deeds) cannot be produced — often because they’ve been lost, destroyed, or never existed.
While it still gives the right to possess and occupy the land, it offers less legal protection than an “absolute title”, and this can create problems — particularly when buying at auction or
securing a mortgage.
TYPES OF TITLE AT LAND REGISTRY
HM Land Registry classifies title into several categories:
Absolute title – full legal ownership with complete documentation (standard and most secure)
Possessory title – ownership based on long occupation or loss of deeds
Qualified title – ownership is limited by a specific known legal defect
With a possessory title, you are legally recognised as the owner — but your claim is open
to challenge by someone with better evidence.
WHY DOES THIS HAPPEN?
Possessory title may be granted where:
- A property is registered for the first time but the deeds have been lost
- Someone claims ownership after adverse possession (squatter’s rights)
- Title cannot be proven due to historical or unregistered transactions
You may see this in auction legal packs, especially for rural land, garages, or older properties.
What are the risks?
YOUR OWNERSHIP COULD BE CHALLENGED
If someone finds the original deeds or proves a better claim, you could lose part or all of the land.
LENDERS MAY BE RELUCTANT
Many banks won’t lend against possessory title unless indemnity insurance is in place.
VALUE MAY BE AFFECTED
The property may be harder to sell or remortgage until the title is upgraded.
Can it be fixed?
Yes. After 12 years of uncontested ownership (or 6 years in some cases), you can apply to upgrade the title from possessory to absolute. Until then, your solicitor can:
- Arrange title indemnity insurance to protect against challenges
- Confirm if any supporting documentation exists to strengthen your claim
- Advise on how and when to make an upgrade application to the Land Registry
SUMMARY
A possessory title means ownership isn’t backed by full legal proof — and while it doesn’t stop you buying or living in the property, it can affect value, lending, and resale. At Versus Law, we’ll flag these issues early, guide you on the risks, and arrange protection where needed to help you proceed with confidence.