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Articles of roup meaning
Published by a LexisNexis Property expert
What does Articles of roup mean?
Articles of roup are the written conditions governing a sale at public roup (auction) in Scots law. The phrase is not defined by statute; it is a long‑used term in practice and case law, most commonly for sales of heritable (land) and moveable property, including judicial and insolvency sales by trustees, liquidators, executors or officers of court.
They regulate the auction process and the contract formed with the successful bidder, typically covering: reserve or upset price; bidding rules; the auctioneer’s power to withdraw or re-expose; the deposit and when it is paid; completion timetable; apportionment of rates and other outgoings; title and real burdens; state and condition (sold as seen); risk and insurance; and remedies for default (forfeiture of deposit, resale at the purchaser’s risk, damages). For property auctions they usually require signature of a minute or memorandum of sale at the close of bidding so the missives are concluded in writing.
In England and Wales, Northern Ireland and Ireland the comparable concept is simply auction terms or conditions of sale; the expression articles of roup is largely confined to Scotland.
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View the related Practice Notes about Articles of roup
PRACTICE NOTES
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PRACTICE NOTES
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