Search

How can we help?

Icon

Auction Sales: Key Things to Consider

Buying or selling a property at auction can offer both buyers and sellers unique advantages, but it also comes with potential risks. Unlike a traditional sale, auction transactions tend to move quickly and with competing bidders the property will be sold to the highest offer.

For both individuals and companies, understanding the process of auction sales is essential to deciding whether this is will be the best route. This article explores the key considerations to keep in mind when selling or purchasing a property at auction.

The type of property

When deciding on whether to sell a property at auction, it is important to consider the type of property. Certain properties are often better suited to auction sales, for example; properties that are difficult to value, those in need of renovation or sites requiring planning permission for future use. In these cases, sellers can attract potential buyers by setting a lower guide price and encourage competitive bidding. For buyers, auctions provide the opportunity to secure these types of properties that may not otherwise be available.

Price, costs and fees

Due to the competitive and fast paced nature of auction sales, some properties may sell for higher prices than they would in a private sale. Multiple bidders can drive the price up quickly, creating opportunities for sellers to achieve higher sale prices.

Although auction sales can be competitive, sellers are required to pay the auctioneer fees. These fees will be due even if the property does not sell. Additionally, commission rates for auction sales are typically higher than those for private sales. These extra costs should be carefully considered by potential sellers.

The Auction Pack

An Auction catalogue will be prepared containing the property particulars. Auction houses tend to use their own catalogues, and usually use the Royal Institution of Chartered Surveyors Common Auction Conditions. The seller, or their solicitor, provides the necessary information and the seller’s solicitor usually prepares the legal pack.

At auction sales, buyers generally have little to no opportunity to raise further enquiries with the seller’s solicitor. Additionally, the legal pack may be incomplete. It is therefore important for buyers to monitor the legal pack to ensure that there have been no changes or amendments up until the auction. Inspecting the property in person is highly recommended. Buyers should also check whether there are any requirements to insure the property and, if so, ensure that appropriate insurance arrangements are in place.

Buyers should also check whether there are any requirements to insure the property.

Speed and certainty

Auction sales are typically done in a day and the contract will be binding when the ‘hammer falls’. This means the buyer is obliged to complete the purchase on the date specified in the contract. For sellers, the process offers a chance to sell quickly, without the lengthy negotiations that often delay private sales. Since the COVID pandemic, digital auctions conducted through online bidding platforms have grown, making the process even more convenient for both buyers and sellers.

However, the fast pace of auction sales also has its disadvantages. Inspection time is often limited, which can result in hidden structural defects, unresolved disputes or other unknown problems. Additionally, there is little opportunity to negotiate the contractual terms. Buyers must be fully prepared before bidding, for example if you are buying a property at auction with a mortgage, the appropriate mortgage arrangements  must be in place before you start bidding.

If you are considering selling or buying a property at auction and would like tailored advice or support, please do not hesitate to contact a member of the Commercial Real Estate team.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 11 September 2026
  • Privacy and Data Protection

Data Protection Breaches – Personal Liability for Employees

It is well known that employers have obligations under the Data Protection Act 2018 (the “Act”) but, perhaps lesser known, is that employees can be held personally liable for certain actions amounting to criminal offences under the Act.

Pub
  • 07 September 2026
  • Corporate and M&A

Frequently Asked Questions About Shareholders’ Agreements – Episode 1

Join Emma Docking and Jonathan Hayes as they explore some of the most frequently asked questions about shareholders’ agreements, including what they are, how they work alongside articles of association, and the risks of operating without one.

art
  • 03 September 2026
  • Employment

Employment Rights Act – October Changes

We are well and truly underway with implementation of the Employment Rights Act 2025 (“ERA 2025”) and October brings the next tranche of changes that employers will need to be ready for.

art
  • 02 September 2026
  • Immigration

Mandatory MFA for Sponsor Management System Users: What Sponsors Need to Know

The Home Office is introducing a significant security change to the Sponsor Management System (SMS). From 3 September 2026, the Home Office will begin a phased rollout of mandatory Multi-Factor Authentication (MFA) for SMS users.

art
  • 01 September 2026

Orwins continues growth with investment in Milners and Acquisition of Roe Lawyers

Clarkslegal is pleased to share the news that Orwins, the legal services group we joined earlier this year, has announced a significant investment in Yorkshire law firm Milners and the acquisition of London-based specialist practice Roe Lawyers.

Pub
  • 28 August 2026
  • Immigration

Right to Work and Sponsor Licence Changes 2026: Key dates for businesses

In this podcast, immigration solicitors Ruth Karimatsenga and Monica Mastropasqua discuss the key immigration compliance changes coming into force in September and October 2026 and what employers, HR teams, sponsors and individuals should do to prepare.