Terms & Conditions
The terms and conditions set out herein in addition to the Terms and Condition which may be expressly agreed between Coonan Live (the Auctioneer) or which have been set out on the website are the only ones on which the Sale will occur and will prevail over any Terms and Conditions put forward by the user of Coonan Live Auction. By bidding at the auction, Bidders and Buyers agree to be bound by these Conditions of Sale, as so changed or supplemented.
Buyers attention is particularly brought to Section 3.12 below regarding contract signing.
The term 'Coonan Live' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
1. GENERAL USE
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. All users of this website are advised to retained independent legal advisors before, whilst and after using this website.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites. We have no responsibility for the content of the linked websites.
9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Ireland.
In these conditions the following words and expressions shall have the following meanings:
Auctioneer – registered firm listing property for sale on Coonanlive.com.
Catalogue - any advertisement, brochure, estimate, price or other publication whether on Coonanlive.com or otherwise.
Hammer Price - the price at which bidding on a property finishes, after meeting the reserve set by the Auctioneer.
Bid – constitutes the purchasers offer to purchase the Lot on the basis of these Terms and Conditions.
Close of Auction – the closing of an Auction which is confirmed by the issuing of emails in respect of this closure to Buyer and Agent.
V.A.T. - Value Added Tax.
Registration Form - page as completed on Coonanlive.com; given at registration stage detailing amongst other matters, name & contact information.
Proof of Funds – documentary evidence of sufficient finance to complete on any and all transactions. These include:
(i) Copy of bank statement in the name of the Bidder
(ii) Letter of offer from mortgage lender to the Bidder
(iii) Letter of confirmation from solicitors of funds on hand in their clients account to the benefit of the Bidder
3. MEANINGS & CONDUCT OF THE AUCTION
Terms used on coonanlive.ie have the meanings and practice as follows:
1. Auctioneer acting as agent - the Auctioneer is selling as Agent for the Seller unless it is specifically stated to the contrary. The Auctioneer as Agent for the Seller is not responsible for any default by the Seller or the Buyer. The Auctioneer does not have the right to bid on behalf of the Seller.
2. Auctioneer bidding on behalf of Buyer - the interests of prospective buyers are best protected and served by the buyers bidding. The Auctioneer will not execute bids on behalf of a prospective buyer.
3. Admission to Coonan Live - Coonanlive.com shall have the right exercisable in its absolute discretion to refuse admission by any individual or entity to the website or bidding on auctions by any person or entity.
4. Information required from buyers – the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 requires that buyers provide the following:
i) Copy of current photo ID
ii) Utility bill showing current address
to the Sellers of the properties they are interested in before their Coonan Live account will be activated.
Bidders and Buyers confirm they are in a position to provide the Auctioneer and/or all other parties connected with the sellers with Proof of Funds if so requested.
5. Acceptance of Offers - the Auctioneer shall have the right exercisable in its absolute discretion to refuse any offers, advance the bidding in any manner it may decide, withdraw or divide any property, combine any two or more properties and, in the case of a dispute, to put any property up for auction again.
6. Indemnities - any indemnity given under these conditions shall extend to all actions, proceedings, claims, demands, costs and expenses whatsoever and howsoever incurred or suffered by the person entitled to the benefit of the indemnity. The Auctioneer and Coonanlive.com declare themselves to be a trustee of the benefit of every such indemnity for their employees, servants or agents to the extent that such indemnity is expressed to be for their benefit.
7. Representations - representations or statements made by the Auctioneer or Coonanlive.com is a statement of opinion only. Neither the Auctioneer, Coonanlive.com nor their employees, servants or agents shall be responsible for the accuracy of any such opinions. Every person interested in a property must exercise and rely on their own judgment and opinion as to such matters.
8. Headings -the headings of the conditions herein contained are inserted for convenience of reference only and are not intended to be part of, or to effect, the meaning or interpretation thereof.
9. Governing Law - these conditions shall be governed by and construed in accordance with Irish Law with any disputes being subject to the exclusive jurisdiction of the Irish Courts.
10. Notices - any notice or other communication required to be given by the Auctioneer or Coonanlive.com hereunder to a Buyer or a Seller shall, where required, be in writing and shall be sufficiently given if delivered by hand, sent by post or electronically to, in the case of the Buyer, the address of the Buyer specified in the Registration Form or Register, and in the case of the Seller, the address of the Seller specified in the service agreement or to such other address as the Buyer or Seller (as appropriate) may notify the Auctioneer or Coonanlive.com in writing.
Every notice or communication given in accordance with this condition shall be deemed to have been received if delivered by hand or by email on the day and time of delivery and if delivered by post three (3) business days after posting.
11. The Top Bidder - the top Bidder shall be the highest Bidder acceptable to the Auctioneer whose bid is accepted. Any dispute which may arise with regard to bidding or the acceptance of bids shall be settled by the Auctioneer. Every Bidder shall be deemed to act as principal unless the Auctioneer has prior to the auction, acknowledged in writing that a Bidder is acting as agent on behalf of a named principal.
12. Contract Signing – unless alternate terms have been agreed with the Auctioneer before the Auction, the Buyer grants authority to the Auctioneer or any person authorised by the Auctioneer, to sign the Contract for Sale relating to the Lot on the Buyers behalf.
13. Payment – bidders are required to provide a deposit known as “Bidder Security” plus a non-refundable administration fee of €100 which is payable by credit card, debit card, or bank transfer prior to the commencement of the online auction.
Unless alternate terms have been agreed with the Auctioneer before the Auction, the Buyer of the Lot shall pay to the Auctioneer within two (2) working days from the date of the Auction, the balance of 10% of the total amount due. The Auctioneer may apply any payments received by a Buyer towards any sums owing by that Buyer to the Auctioneer on any account whatsoever irrespective of any directions of the Buyer or his Agent in that regard whether they be expressed or implied.
The Auctioneer shall only accept payment from successful bidders by credit card, debit card, or bank transfer.
14. Reservation of Title - notwithstanding delivery or passing of risk to the Buyer the ownership of a property shall not pass to the Buyer until, contracts have been exchanged by both parties and the Buyer has paid to the Auctioneer (or the Sellers solicitors if applicable in the Contracts of Sale) the Total Amount Due.
15. Variation - Coonanlive.com reserves the right to vary these Terms and Conditions at their discretion.
16. Non-payment, failure to sign or failure to return contracts – if a Buyer fails to make payment for any purchased property by the dates herein specified for payment or to sign contracts, or to return contracts the Auctioneer shall, in its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies without further notice to the buyer:
i) To rescind the sale of that Lot or any other Lots sold to the Buyer whether at that or any other Auction;
ii) To exercise a lien on any property of the Buyer in the possession of the Auctioneer for whatever reason.
iii) To resell the Lot or cause it to be resold whether by Public Auction or Private Sale. In the event there is a deficiency between the total amount due by the Buyer and the amount received by the Auctioneer on resale after deduction of any necessary expenses, the difference shall be paid to the Auctioneer by the Buyer while any surplus arising shall belong to the Seller;
iv) To issue court proceedings for damages for breach of contract;
v) Levy a fixed penalty in the amount of €5,000;
vi) To charge interest on the total amount due at the rate of 2% over and above the base rate issued by AIB or if there be no such base rate, the nearest equivalent thereto to be determined by the Auctioneer at its absolute discretion from the date on which the payment fell due hereunder to the date of actual payment;
vii) To retain that Lot or any other Lot purchased by the Buyer whether at the same or any other Auction and release same to the Buyer only after payment is made to the Auctioneer of the total amount due;
viii) To apply any sums which the Auctioneer received in respect of Lots being sold by the Buyer towards settlement of the total amount due;
17. Liability of Auctioneer and Seller – prior to bidding ample opportunity is given for the inspection of the properties for sale and each Buyer by making a bid acknowledges that they have, by exercising and relying on their own judgment, satisfied themselves as to the physical condition, age, legal status and description of each property.
Neither the Seller, the Auctioneer, Coonanlive.com nor any of their employees, servants or agents shall be responsible for any error of description or for the condition or authenticity of any property.
No warranty whatsoever is given by the Seller, Coonanlive.com or Auctioneer or by any of their employees, servants or agents in respect of any property and any condition or warranty expressed, or implied by statute or otherwise is hereby specifically excluded.
18. Auctioneer's discretion - with regard to the sale of any property, the Auctioneer shall have the following powers exercisable solely in the discretion of the Auctioneer:
(i) To decide whether to offer any property for sale or not;
(ii) To decide whether a particular property is suitable for sale by the Auctioneer and, if so, to determine the conditions of sale and the manner in which such sale should be conducted;
(iii) To determine the description of any property on Coonanlive.com.
(iv) To determine what illustration of a property (if any) is to be included on Coonanlive.com.
19. Seller's warranty and indemnity - the Seller warrants to the Auctioneer, to Coonanlive.com and to the Buyer that they are the true owner of the property or are legally authorised to sell the property on behalf of the true owner who can transfer title to the property free from any third party claims.
The seller shall indemnify the Auctioneer, Coonanlive.com and the Buyer or any of their respective employees, servants or agents against any loss or damage suffered by any of them in consequence of any breach of the above warranties or undertakings by the Seller.
The Auctioneer or Coonanlive.com shall have the right, but not the obligation, to rescind a sale without notice to the Buyer if they reasonably believe that there is a material breach to the Seller’s representation and warranty or an adverse claim is made by a third party. Purchase price will be returned to the Buyer.
20. Reserves - subject to the Auctioneer's discretion, the Seller shall be entitled prior to the auction to place a reserve on any property. The reserve shall be the minimum Sale Agreed Price at which the property may be agreed by the Auctioneer. A reserve once in place may only be changed with the consent of the Auctioneer. Unless a reserve has been placed on a property in accordance with the provisions set out above such property shall be put up for sale without reserve.
In the event that any reserve price is not reached then for so long as the property remains with the Auctioneer and to the extent that the property has not been re-entered the Seller authorises the Auctioneer to sell the property by Private Treaty at not less than the reserve price. The Auctioneer shall ensure that in such a case those conditions herein which concern mainly the Buyer shall, with any necessary modification, apply to such sale.
21. Finance in place - Bidders and Buyers on Coonanlive.com confirm that they are in possession of sufficient funds at the time of bidding, so as to complete on all bids made. They further confirm that they are in a position to provide the Auctioneer and/or other parties connected to the Sellers, with Proof of Funds if requested.