What are Special Conditions of Sale and why are they important?
In every auction sale, the contract consists of:
- The Common Auction Conditions (4th Edition) — standard legal terms agreed by most auctioneers and solicitors, and
- The Special Conditions of Sale — unique, property-specific terms that override or supplement the standard conditions.
The Special Conditions are where the seller’s solicitor can add specific obligations, fees, timeframes, and restrictions. These terms are often buried in legal language, but they can have a significant impact on what you pay and how the transaction proceeds.
What can Special Conditions include?
- Buyer to pay the seller’s legal fees, search fees, or auctioneer’s administration charges.
- Reduced completion periods, e.g. 14 days instead of the usual 28.
- No guarantee of key handover, vacant possession, or clearance of contents.
- Requirement to insure the property immediately after exchange.
- Indemnity requirements — where the buyer must purchase an indemnity policy (e.g. for missing consents or rights of way).
- Liability for ground rent, service charge, or major works, sometimes even if they relate to periods before completion.
Why are they important?
- The Special Conditions override the general rules. That means:
- They can impose extra costs or obligations that are legally binding.
- They can reduce your legal protections as a buyer.
- You are expected to have read and accepted them before bidding.
- Even if you miss them — or don’t understand them — you are still bound once the hammer falls.
Some common (and potentially costly) clauses include:
- Extra costs
- Short timeframes
- Existing tenancies or possession issues
What you should do
At Versus Law, we routinely identify hidden risks in Special Conditions and flag them to our clients before auction day.
- Ask your solicitor to review the Special Conditions in the legal pack before bidding.
- Look carefully for anything unusual — particularly clauses about:
- Extra costs
- Short timeframes
- Existing tenancies or possession issues
- Do not rely solely on the auctioneer’s summary — always read the legal documents in full.
Summary
The Special Conditions of Sale are where the real terms of the deal are set out. They often include hidden costs, unusual requirements, or buyer liabilities. Always read them carefully — and have your solicitor check them — because once you bid, you’re legally committed to everything they say.










