Buying a House at Auction - A Question on Fees.
Buying a House at Auction - A Question on Fees.
Author
Discussion

Glassman

Original Poster:

25,056 posts

245 months

Sunday 6th September
quotequote all
Two 'special conditions' stand out:

"The Buyer shall pay to the Seller a contribution towards the Seller’s legal costs in the sum of £1,000 plus VAT".

"The buyer shall pay the seller a fee of six thousand plus value added tax of the purchase price on completion as a contribution towards the sellers costs and administration. No invoice will be provided."

Is this normal when buying a house at an auction? Seems a bit odd that no invoice will be provided. Someone has to be VAT registered, so what's the position here?


EW109

345 posts

170 months

Sunday 6th September
quotequote all
Glassman said:
Two 'special conditions' stand out:

"The Buyer shall pay to the Seller a contribution towards the Seller s legal costs in the sum of £1,000 plus VAT".

"The buyer shall pay the seller a fee of six thousand plus value added tax of the purchase price on completion as a contribution towards the sellers costs and administration. No invoice will be provided."

Is this normal when buying a house at an auction? Seems a bit odd that no invoice will be provided. Someone has to be VAT registered, so what's the position here?
The provision that "No invoice will be provided" in the case of a fee subject to VAT seems very odd given the general obligation to provide a VAT invoice.

LooneyTunes

9,471 posts

188 months

Sunday 6th September
quotequote all
EW109 said:
The provision that "No invoice will be provided" in the case of a fee subject to VAT seems very odd given the general obligation to provide a VAT invoice.
Indeed. https://www.gov.uk/hmrc-internal-manuals/vat-trade...

Is this a regular auction or one of the "Modern Method of Auction" jobbies. If the latter, it's not really a proper auction... just a fee stitch up.

Glassman

Original Poster:

25,056 posts

245 months

Sunday 6th September
quotequote all
The opening salvo on the legal firm's About Us page:

<legal firm's name> was built to change the way people experience legal services.


Megaflow

11,586 posts

255 months

Sunday 6th September
quotequote all
It seemed a little rich putting those conditions on the sale, but at least they are up front about it, until I got to the part about not providing an invoice, that is a dodgy as...

Jeremy-75qq8

1,775 posts

122 months

Sunday 6th September
quotequote all
I buy at commercial auctions.

About 10% of listings have this sort of " contribution ".

It is usually straightforward. £x towards fees.

I don't see the point of having 2 such payments and. It providing an invoice is odd.


JoshSm

5,284 posts

67 months

Sunday 6th September
quotequote all
Looking at

"The buyer shall pay the seller a fee of six thousand plus value added tax of the purchase price on completion as a contribution towards the sellers costs and administration. No invoice will be provided."

that's been hacked around from something else - the 'of the purchase price' bit makes no sense.

And no invoice? Why?

All looks iffy.

Countdown

49,519 posts

226 months

Sunday 6th September
quotequote all
Glassman said:
Two 'special conditions' stand out:

"The Buyer shall pay to the Seller a contribution towards the Seller s legal costs in the sum of £1,000 plus VAT".

"The buyer shall pay the seller a fee of six thousand plus value added tax of the purchase price on completion as a contribution towards the sellers costs and administration. No invoice will be provided."

Is this normal when buying a house at an auction? Seems a bit odd that no invoice will be provided. Someone has to be VAT registered, so what's the position here?
That is odd.

The seller has to be VAT registered in order to charge VAT in the first place? And (assuming they are) there is literally no cost to them in providing a VAT invoice.

To put it another way - if you ARE VAT registered then provide a VAT invoice, if you're not VAT registered just charge £7,200.

Glassman

Original Poster:

25,056 posts

245 months

Monday 7th September
quotequote all
Countdown said:
Glassman said:
Two 'special conditions' stand out:

"The Buyer shall pay to the Seller a contribution towards the Seller s legal costs in the sum of £1,000 plus VAT".

"The buyer shall pay the seller a fee of six thousand plus value added tax of the purchase price on completion as a contribution towards the sellers costs and administration. No invoice will be provided."

Is this normal when buying a house at an auction? Seems a bit odd that no invoice will be provided. Someone has to be VAT registered, so what's the position here?
That is odd.

The seller has to be VAT registered in order to charge VAT in the first place? And (assuming they are) there is literally no cost to them in providing a VAT invoice.

To put it another way - if you ARE VAT registered then provide a VAT invoice, if you're not VAT registered just charge £7,200.
The VAT is on the purchase price.

So, for a winning bid of 300k the buyer is handing over 60k in shoe box, additional to the purchase price (and other fees).

Jobbo

13,873 posts

294 months

Monday 7th September
quotequote all
You probably have to pay fees to the auction house and some other costs (e.g. reimbursing search fees) too, so check everything very thoroughly. Spotting what the costs on top of the price are is a bit of an art with property auctions.

There shouldn't be VAT on the purchase price if it's a residential property.

98elise

32,734 posts

191 months

Monday 7th September
quotequote all
Glassman said:
Countdown said:
Glassman said:
Two 'special conditions' stand out:

"The Buyer shall pay to the Seller a contribution towards the Seller s legal costs in the sum of £1,000 plus VAT".

"The buyer shall pay the seller a fee of six thousand plus value added tax of the purchase price on completion as a contribution towards the sellers costs and administration. No invoice will be provided."

Is this normal when buying a house at an auction? Seems a bit odd that no invoice will be provided. Someone has to be VAT registered, so what's the position here?
That is odd.

The seller has to be VAT registered in order to charge VAT in the first place? And (assuming they are) there is literally no cost to them in providing a VAT invoice.

To put it another way - if you ARE VAT registered then provide a VAT invoice, if you're not VAT registered just charge £7,200.
The VAT is on the purchase price.

So, for a winning bid of 300k the buyer is handing over 60k in shoe box, additional to the purchase price (and other fees).
Sounds like a tax dodge of some sorts. CGT and Stamp Duty saved on the purchase? Clearly it's not VAT otherwise they could just provide a VAT invoice.


Edited by 98elise on Monday 7th September 11:37

JQ

6,837 posts

209 months

Monday 7th September
quotequote all
98elise said:
Glassman said:
Countdown said:
Glassman said:
Two 'special conditions' stand out:

"The Buyer shall pay to the Seller a contribution towards the Seller s legal costs in the sum of £1,000 plus VAT".

"The buyer shall pay the seller a fee of six thousand plus value added tax of the purchase price on completion as a contribution towards the sellers costs and administration. No invoice will be provided."

Is this normal when buying a house at an auction? Seems a bit odd that no invoice will be provided. Someone has to be VAT registered, so what's the position here?
That is odd.

The seller has to be VAT registered in order to charge VAT in the first place? And (assuming they are) there is literally no cost to them in providing a VAT invoice.

To put it another way - if you ARE VAT registered then provide a VAT invoice, if you're not VAT registered just charge £7,200.
The VAT is on the purchase price.

So, for a winning bid of 300k the buyer is handing over 60k in shoe box, additional to the purchase price (and other fees).
Sounds like a tax dodge of some sorts. CGT and Samp Duty saved on the purchase? Clearly it's not VAT otherwise they could just provide a VAT invoice.
Definitely feels like a tax dodge. Effectively paying £240,000 for the house and £60,000 for the flea ridden 20 year old sofa (costs and admin).

Mr Pointy

13,414 posts

189 months

Monday 7th September
quotequote all
How about a link OP?

JoshSm

5,284 posts

67 months

Monday 7th September
quotequote all
Glassman said:
The VAT is on the purchase price.

So, for a winning bid of 300k the buyer is handing over 60k in shoe box, additional to the purchase price (and other fees).
I read it as being £6k+VAT, and the 'of the purchase price' was a remnant of an earlier version where the term starting out from a percentage of the total, then being edited into a fixed sum.

In any case it's really badly drafted.

Glassman

Original Poster:

25,056 posts

245 months

Monday 7th September
quotequote all
Mr Pointy said:
How about a link OP?
It will only be to the property. The legal pack is sent to interested parties.

Which bit do you want to see?