Comparison guide

Auction legal pack vs a property report: what to check before you bid

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Quick answer

At an unconditional auction, contracts are exchanged on the fall of the hammer: you pay a deposit, normally 10%, and under the RICS Common Auction Conditions completion follows 20 business days later. So everything has to be checked before you bid. The legal pack, prepared by the seller's solicitor, sets out the conditions of sale and may include title documents, local searches and replies to pre-contract enquiries, so have a solicitor read it. A property report adds flood, ground, radon and mining screening for the address.

DimensionPre-offer property reportAuction legal pack
Prepared byYou order itThe seller's solicitor
PurposeScreens the risks around the addressSets out what you are buying and the terms of sale
Conditions of saleNot coveredYes: general conditions and the special conditions for the lot
Title documents and local searchesNot coveredMay be included; check how old any searches are
Replies to pre-contract enquiriesNot coveredMay be included
Energy performance certificateComplete includes EPC records where publishedMay be included
Flood, ground, radon and miningYes, screened from national datasetsOnly if the seller included searches that cover them
Buyer's feesNot coveredShould be stated in the particulars or the addendum
TimingEmailed within 24 hours, usually fasterPublished before the auction; check the addendum on the day

Our verdict

The legal pack is the contract, and a solicitor has to read it before you bid. Nothing replaces that. But a pack tells you what the seller chose to put in it. The physical risks around the address may not be in it at all, and on an unconditional sale there is no chance to find out afterwards. Screen the lots you are serious about while there is still time to walk away.

Screen the lot before auction day

£9.99 Lite: flood, ground stability, radon and coal mining for the address. Emailed within 24 hours, usually faster.

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£24.99 one-off · no subscription · Human-checked and emailed to you. See a sample report · Review report options and coverage

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Why auction buying front-loads every check

In a normal purchase you can investigate after your offer is accepted and still withdraw before exchange. An unconditional auction removes that stage. RICS describes contracts as exchanged on the fall of the hammer; you pay a deposit, normally 10%, and if the auctioneer uses the RICS Common Auction Conditions, completion is 20 business days after the auction, unless the special conditions say otherwise. Conditional auctions work differently: the winning bidder buys an option to exchange at the hammer price within a set period, usually four weeks.

Either way, the investigation you would normally spread across weeks has to happen in the days between the catalogue and the auction.

What the legal pack contains

The seller's solicitor prepares the legal pack, including the special conditions of sale. RICS lists other documents that may be in it: title documents, local searches, replies to standard pre-contract enquiries and an energy performance certificate. The auctioneer's addendum then publishes updates to the particulars and the legal pack, sometimes on the day itself, and RICS recommends that buyer's premiums and significant seller's costs the buyer will pay are stated in the particulars or the addendum.

Have a solicitor who understands auctions read the pack before you bid. The special conditions are where unusual costs and obligations hide, and a missing or out-of-date search is something to know about before you are committed, not after. Some packs include a search indemnity policy instead of searches. Our guide to search indemnity insurance explains what that does and does not cover.

What the pack may leave out

A legal pack contains what the seller decided to provide. It may include an environmental or mining search, or it may not. It will not, as a rule, tell you how the address sits against the official flood mapping, whether the ground is shrink–swell clay or a former coalfield, what the radon potential is, or what is registered nearby. Those are exactly the questions you lose the chance to ask once the hammer falls.

Screening a lot in the time you have

A pre-offer property report is built for a short window. It is emailed within 24 hours, usually faster, so it fits between the catalogue and the auction. £9.99 Lite screens flood risk and flood history, ground stability and subsidence, radon, coal mining and environmental registers nearby; £24.99 Complete adds sold-price records, EPC records and running costs, planning designations and the area picture. It is not a survey and it does not replace your solicitor's reading of the legal pack; it covers the ground the pack usually does not.

If you can arrange access, a survey before the auction is worth the cost on any lot you would struggle to walk away from. For properties in Scotland, Scottish law applies and the process differs, so check the auctioneer's terms.

Bidding soon? Check the address first

From £9.99, one-off. £24.99 Complete adds EPC records, sold prices and planning designations. Coverage varies by nation.

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£24.99 one-off · no subscription · Human-checked and emailed to you. See a sample report · Review report options and coverage

Sources

How HouseCheckup works

From search to full report in three simple steps.

  1. England, Wales & Scotland

    Search any address

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Frequently asked questions

What is in an auction legal pack?
The seller's solicitor prepares it. It sets out the conditions of sale (the general conditions, which many auctioneers base on the RICS Common Auction Conditions, and the special conditions for the lot), and it may include title documents, local searches, replies to standard pre-contract enquiries and an energy performance certificate. Later changes appear in the auctioneer's addendum.
Is the fall of the hammer legally binding?
At an unconditional auction, yes: RICS describes contracts as exchanged on the fall of the hammer. At a conditional auction the winning bidder instead buys an option to exchange contracts at the hammer price within a set period, usually four weeks. Check which kind of sale it is before you register to bid.
How long do I have to complete after an auction?
If the auctioneer uses the RICS Common Auction Conditions, completion is 20 business days after the auction, although the special conditions can make it longer or shorter. Your finance has to be ready for both the deposit on the day and completion.
Should I get a survey before an auction?
If you can arrange access, yes. Once you win an unconditional auction you are committed, so a survey after the event can only tell you what you have already bought. The auctioneer's procedures set out how inspections by potential buyers work.
Who should check the legal pack?
A solicitor who understands auction sales, before you bid. They read the special conditions for unusual costs and obligations, check whether searches are included and how old they are, and raise questions with the seller's solicitor in time for answers to arrive.
Are there extra fees for buying at auction?
Often. RICS notes auctioneers may charge a buyer's administration charge or a fee for registering to bid, and recommends that buyer's premiums and significant seller's costs the buyer will pay are stated in the particulars or the addendum. Read both, along with the special conditions, so the hammer price is not the only number you budget for.

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At a glance

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