What buyers miss when reading an auction legal pack
Auction packs are long, dense, and written for solicitors — not buyers. In our reviews of hundreds of packs, the same eight blind spots come up again and again. Miss any of them and the "bargain" at the hammer becomes an expensive lesson on completion day.
Short lease terms and marriage value
A lease under 80 years triggers marriage value on extension — often adding tens of thousands to the true cost. Buyers see the lease exists and move on without checking the remaining term or the cost to extend.
Uncapped service charges and sinking funds
The headline service charge is rarely the problem. Look for clauses that let the freeholder recover 'all reasonable costs', major-works reserves, and historic arrears that transfer with the property.
Missing certificates and guarantees
FENSA for replacement windows, Gas Safe for boilers, electrical certificates, building regs sign-off, damp-proof guarantees. If it's not in the pack, assume it doesn't exist — and price the remedial work in.
Special conditions of sale
Auction packs routinely shift costs to the buyer: seller's legal fees, search fees, buyer's premium, contribution to arrears. These sit in the special conditions and can add 3–6% to the hammer price.
Restrictive covenants and easements
Rights of way across the garden, restrictions on use (no business, no HMO, no extensions), overage clauses that claw back uplift if you develop. Easy to miss in a dense title register.
Out-of-date or missing searches
Local authority, drainage and environmental searches expire. A pack with searches older than six months, or with entire searches missing, leaves you exposed to planning issues, contaminated land and adoption disputes.
Tenancy status and vacant possession
'Sold with vacant possession' isn't the same as vacant. Check for AST agreements, regulated tenancies, and any notices already served. A sitting tenant on a regulated tenancy can wipe out the investment case.
Completion timeline and default interest
Standard auction completion is 20 business days. Default interest often runs at 4–5% above base, and the seller can rescind and keep the deposit. Confirm your lender can complete in time before you bid.
Get every one of these checked — before you bid
ClauseFlow reads the entire pack, flags each of the risks above in plain English, and gives you a pre-auction checklist to hand to your solicitor. Turnaround in minutes, not days.