Auction houses respond to request for honesty and integrity in their listings

Table of Contents

Response from Barnard Marcus Auctions

30 August 2022

Dear Mr Freeman

Thank you for your letter dated 29th August 2022 to my colleague Callum.
As managing director of our group auction centres which includes Barnard Marcus, your correspondence has been passed to me to ensure I am aware of its content and for me to comment.

Firstly I am fully aware of our legislative requirements and whatever the final outcome may be in respect to this sale , and indeed any other lots we have and do offer, these requirements are adhered to and, during the course of marketing if additional information that we independently verify becomes available or is notified to us, as and where required appropriate announcements shall be made, however these are ordinarily limited to actual matters rather than possibilities or matters that could to place. Of course, if there is an actual proposal of a legislative or legal matter such as for example an actual proposal to consider an Article 4 ( as you mention) as and if appropriate announcements shall be made.

I note your comments regarding Greenbelt and Tree Preservation Orders , this is being verified by my team at the moment and when I receive the documentation to this effect, an announcement for all prospective bidders will be posted to our web site and listing for these lots.

I also note your comments as to the guide price and assertion that we are publishing an “inflated ” guide price. The guide price reflects the level at which the reserve shall be set and is a matter for our client to advise us and we accept or decline instructions on this and many other factors. As to “value” this is very much for individuals to decide but as it happens , we have already received bids from prospective buyers seeking to secure the land prior to the auction. These bidders have already confirmed they are aware of TPO’s and Planning Status ( i.e
Greenbelt) so it would appear others have differing views to value than those considered by Thorley Lane East Woods Action Group.

Your reference to other business conducted by this frim i.e Country Land Conservation , this is a company that we no longer deal with and I shall not make further comment in that regard.

This woodland is in private ownership and I respectfully suggest that as such, the seller is entirely within their rights to sell the land and in doing so , place a guide or asking price at whatever level they consider acceptable. It appears to me that one of the solutions for Thorley Lane East Woods Action Group, ( which I imagine is made up largely of local residents ) would be to explore what opportunities may exist to purchase this land for themselves thus ensuring its future in perpetuity regardless of any other factor now or in the coming years. Clearly there is a big margin of difference as to opinion of value but, I know my client would consider a proposal that could be largely varied from the more “traditional” exchange and completion of contracts thus allowing for example , a period of time to elapse for crowd funding or similar .
I have personally managed such transactions in the past and would be delighted to explore the possibility of such an approach in this instance, you now have my contact details should you wish to take this forward.

For the moment however, the legal pack is expected to be with us any time now and our client will not be withdrawing these lots from the September Auction.

As to your closing comments regarding the Property Ombudsman to which you correctly refer we are members of. For a complaint to be referred to them , the complainant must first exhaust our internal complaints procedure. I have attached a leaflet explaining this procedure and copied this email in to Mr Matthew Rosenz , our Client Relationship Manager.

Yours Sincerely

Chris Glenn
Divisional Managing Director |  Auctions

Letter to Barnard Marcus Auctions

Response from Barney Estates

30 August 2022

Dear all – I confirm receipt of your letter and PDF sign.

You would be much better placed to be sending these letters to the Sellers themselves.

I am an auction house that is provided information by the Sellers and their solicitors – I suggest you go straight to either of those going forward.
I am confirming everything about the land that I have been provided.  I also send on legal packs as soon as I am provided them by the solicitors.

My complaints procedure is attached along with my PRS scheme certificate.

If however you wish to buy the land then please do contact me.

My regards

Amiee

Amiee Bryett
Director

Letter to Barney Estates