.

Any questions or assistance in improving this open-source 
"Anti-Gazumping Agreement," 
please feel free to get in touch with any of 
the Unique Property Bulletin team: click here.

Why?

Establish An Open-Source Anti-Gazumping Agreement

Apart from the moral malevolence and emotional carnage plus financial pain caused by “gazumping” (here), the catalyst for this open-source version of this latest “Anti-Gazumping-Agreement” is the slippage into extra time ~ and delays by one to several extra weeks before buyers receive their keys and title-deeds and the seller receives payment for their building.

From the original verbal acceptance of a deal made when a seller and buyer agree a price for a building to transact between them should be 8 weeks.

The post-pandemic HM Land Registry backlog of 100,000 cases valiantly being attended to by HM Land Registry/Registers of Scotland (here) coupled with and exodus from the legal profession of a significant number of solicitors leaving their jobs (here and here) means greater risk to the buyer of losing their ideal home and uncertainty to the seller of a fair sale becoming derailed.

To reduce the stress and the horrendous risk of losing your ideal home, we have created an open-source “Anti-Gazumping-Agreement.” There must be something to this as we have been fortunate in assistance from pro bono conveyancing firms.

This pro bono (free) assistance already exists, where solicitors provide standard clause documents to assist in the conveyancing process (here and here). Possibly, after sufficient work by solicitors and those learned in conveyancing law, entering the hallowed official registries: here.

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What?

The latest…

Anti-Gazumping-Agreement

& Fast Track Emergency Conveyance Assistance

This agreement is designed to protect Buyers and Sellers, both of 
whom will have verbally agreed a mutually acceptable 
property sale/purchase price from being "gazumped between 
the verbal agreement and the written "Conclusion of Missives."

^^ Page 1 ^^


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^^ Page 2 ^^


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^^ Page 3 ^^

^^ Anti-Gazumping-Agreement ^^

Latest Edition: 31st October 2024

This document is for illustrative purposes only. Please avail yourself of legal advice before utilising an “Anti Gazumping-Agreement”.

It has many benefits in addition to locking out “gazumpers.” These include limiting a buyer’s exposure to seller’s loss in the event that a buyer-default during the currency of this agreement. Whereas a default after the “Concluded Missives” can result in tens of thousands of pounds of costs. Fortunately it is rare to get a default after “Concluded Missives.”

By utilising an “Anti-Gazumping-Agreement”, there is a comfort knowing any default loss is limited to a modest deposit (we recommend between 2% and 5% of the property purchase price not 10%).

No other liability attaches when utilising an “Anti-Gazumping-Agreement.” Furthermore, this way of transacting a property removes very large sets of fees that tend to occur for both buyer and seller were they to follow the property-auction protocol.

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Who?

This document is provided for information purposes by Unique Property Bulletin Ltd. This company (here) is a not-for-profit organisation run by volunteers. From the pages of this publication have come the creation of two registered charities (1996 and 2012). Relevantly to this “Anti Gazumping Agreement” the third charity being registered during 2024/2025 does not want rampant price inflation. This is a real world risk due to dominance online of pages of Unique Property Bulletin (here and here).

The latest charity being processed through registration (working title: National Lighthouse Preservation Trust), is intended to deploying the Land Reform (Scotland) Acts (here + here and especially the latest Bill: here), along with the Community Empowerment (Scotland) Act 2015  (here).

The purpose of the latest charity is to manage the rescue and renovation of dilapidated or ruinous lighthouse buildings. For example to remedy the distressing example of Ailsa Craig Island Lighthouse Station. The dissonance between ruin and well maintained is illustrated here vividly between the lighthouse tower and engine house in the foreground as owned and cared for by the Northern Lighthouse Board and the privately owned keepers’ cottages. When we owned these building in 2001, they were habitable. The person we sold them to in 2001 has et them fall into obvious dilapidated shells.

^^ Ailsa Craig Island Lighthouse Station ^^

Land Reform Is Excellent Legislation To Help Save These buildings

But…

We need ways to expedite the conveyancing process.

The document on this page can help ameliorate these situations. So too can the “QR” inks that follow in the second part of this article.

Plus the charity will provide ways to assist those seeking to restore and/or maintain lighthouse buildings by our , via 40 years liaison with the General Lighthouse Authorities (here).

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Important Information

Estate agents and various property firms occasionally come up with a “lock-out” contract, otherwise known as “Anti-Gazumping-Agreements.” We have studied these documents and there usually appears to be a slight problem or hiccup in the text.

Hence we created a draft “Anti-Gazumping-Agreement” with a provision for wiser friends and colleagues can help us make it the best it can be,,,

Always with a core element to help make the conveyancing process ess stressful and much smoother.

An example of a helpful estate agent is given here…

Savills commence like many, with a general summary of the that “Scottish Legal Form Offer” templates and guidance are freely given. The vast majority tend to originate from impeccable, peer-reviewed sources (here and example: here).

Source ~ Savills: Click Here 

But we still struggle with the Land Registry backlog of 100,000 cases and 20% of lawyers looking leaving their law firms.

This breeds delay and distress caused to buyers and sellers.

There has to be a better way? For example the 5% to 10% deposit is pointless as it affords very little protection to each party. Mainly because when that form of deposit is applied, there is a fairly strong contract in place that makes the process of deposit moot in many ways.

What about sorting out a better way…

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In The Anti-Gazumping-Agreement, the Deposit

Is reduced from 10% to 2% Non-Refundable

Due to observations made by our Unique Property Bulletin reader of unusual delays in the conveyancing process that have arisen since the 2020-2023 pandemic. We took time and wise counsel to discover what might be causing a problem to our readers in their sale and purchase transactions and discovered evidence from impeccable sources. There are two main problems:-

1]. A 100,000 property conveyance backlog built up HM Land Registry the Registers of Scotland (Scottish Land Registry). Source: Click Here.

2]. The loss of up to 20% of solicitors to the legal profession, with those remaining having to do a lot more to cover for staff that changed jobs/careers. Source: Click Here.

Due to the unique nature of some buildings, there is also a third matter that brings about a significant number of “gazumpers.”

3]. When large numbers of buyers inspect the property, this inexorably leads to “gazumping” on a significantly higher volume.

This screenshot illustrated the problem…


Instead of 6 to 12 potential buyers,

there appear 3,000 people that get in touch,

from whom around 60 to 120 viable buyers emerge.

This can disrupt an existing, agreed sale.

It can stress the seller and distress the buyer.

The “Anti-Gazumping-Agreement” has been

adapted to remedy this problem too.

In the example cited above, is a (former) lighthouse keeper’s home made available for sale via Unique Property Bulletin Ltd. It went “viral” on the internet. This can make a buyer who has verbally agreed a price and metaphorically “shaken hands” to agree the sale with the seller, become very nervous about the risk of being “gazumped.” This is another reason why the legal minds at Unique Property Bulletin Ltd., and wise counsel from some of the solicitors and barristers within our shareholder group have put this “Anti-Gazumping-Agreement” into the pubic domain so that “gazumping” can be outlawed insofar as is reasonably possible, either via written contract or even a change in statute.

Hence the aim of this page and the following document is to reduce the stress placed on buyer and seller.

The “Anti-Gazumping-Agreement” grants a period of exclusivity for the buyer and contractually locks out third party buyers during the currency of the following agreement. If you read the terms, the “Anti-Gazumping-Agreement” dovetails perfectly with the regular “Conclusion of Missives” and normal conveyancing process resumes.

This means that for a modest percentage (we recommend 2% rather than 10%), the buyers secure the property and grace of time without worrying about “gazumpers”. Whilst the seller ca reax knnowing that an acceptable price has been agreed and the buyers have the grace to get all their financial a+ survey + legal ducks in a row.

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Resourceful Information

We are still collating very useful advice from pretty senior and learned folk. All of this should filter down to our readers.

To make matters easier in this era of Iphones and smart-phones, we have….

QR

Codified 

This is a bit random just now; but in due course, we trust this section will be a very helpful part of what we archive for you.

A positive repository of articles and reference works. The more educated we all become, the easier things such as conveyancing are.

For example and a very important one.

When the Scottish and English HM Land Registries struggled to get staff in, the eventual result was a…

SPECIAL FAST TRACK CONVEYANCING SERVICE

For this current page, we are very happy to provide a sample “Anti-Gazumping-Agreement” and especially for our Unique Property Bulletin readers…

 

 


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..

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Solutions To Problems

Conveyancing Backlog & Special Fast Track Conveyancing

(England & Wales)

~~~~~~~~~~~~~~~~~~~~~

 

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Solutions

Conveyancing Backlog & Special Fast Track Conveyancing

(England & Wales)

If You Don’t Favour QR Codes, Please:

This reference link is for advisory detail
 and does NOT form part of this contract. 

***********


HM Land Registry Processing Times

(England & Wales)

If You Don’t Favour QR Codes, Please:

This reference link is for advisory detail 
and does NOT form part of this contract.

Another problem which, thanks to the HM Land Registry FAST-TRACK protocol is being ameliorated concerns the number of conveyancing solicitors.

This is where our readers’ can help themselves to a significant degree and ensure they have a highly reputable and diligent solicitor. Of course, the Law Societies ensure all solicitors are of good repute and competency., but there are some solicitors that (how do we put this delicately)… some solicitors go the extra mile to ensure you secure the keys and title-deeds to your new home on the scheeduled date (this is happening more often as the professions catch up with the post-pandemic backlog).

Solicitors Leaving Their Profession

This reference link is for advisory detail and does NOT form part of this contract.

If You Don’t Favour QR Codes, Please:

&

If You Don’t Favour QR Codes, Please:

^^ Significant Numbers Planning To Leave ^^

A CHOICE BETWEEN THE 20% OR the 24% QUOTE

If You Don’t Favour QR Codes, Please:


186,399 Buyers

If You Don’t Favour QR Codes, Please:

This reference link is for advisory detail 
and does NOT form part of this contract.

 

This page, along with the “Anti-Gazumping-Agreement” is a work in progress.

To get the best out of what we do, please check back here regularly.

 

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Preferred Buyer Page & Legal Documents


21st November 2024

Achieving The Entry Date of 11th December 2024


These two matters are all that are needed to move the sale/purchase forward to a point where higher offers from other buyers wanting to view/own Flat-2 are STOPPED until Mr & Mrs Blunn have been given the grace and full support to completed theTod Head Flat-2.

All the questions that solicitor usually ask are answered on this page.

This should help achieve 11th December 2024

It is now the time to phone the buyer’s-solicitor and the seller’s-solicitor at least twice per week to heavily NUDGE the sale/purchase of Flat-2 to the “Entry Date” where David & Catherine Blunn formally own Flat-2 as their new home (currently scheduled for 11th December 2024.

Paperwork Needing Completed

A]. The Anti-Gazumping-Agreement” locks out other buyers and gives the “Preferred Bidders” the grace of an exclusive period to get their offer arranged and processed to the point where they OWN Flat-2 at Tod Head Lighthouse Station…


^^ Page 1 of 2 ^^

This “Anti-Gazumping-Agreement” LOCKS OUT other competing buyers, whilst an agreed contract is given the grace of time to complete.

The safety mechanism becomes active as soon as the £1,945 deposit is made into the seller’s bank. That action triggers the contractual mechanism that locks out ill-mannered, late-entry buyers who are prepared to destroy existing deals from being honoured.

^^ Page 2 of 2 ^^

^^ This Agreement ^^
^^ Protects The Buyer ^^

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Removing Risks & Pitfalls

The current owner of Flat-2 has NO bank mortgage. For the past 12 years, the family company (Unique Property Bulletin Ltd ~ Click Here) has made spare funds available to family members who  buildings. Flat-2 is one such case.

Flat-2, Tod Head Lighthouse Station.

One of the 38 shareholders of Unique Property Bulletin Ltd., is a Hedge Fund Manager in London and has a controversially harsh view of money. He always opts for high profits. Whereas the other family members and shareholders opt for quality renovations + affordable prices and a mix of owners who get on with each other.

There is a risk the Hedge Fund Manager will utilise his shareholding and ask our Managing Director, Russ McLean to accept one of the higher price offers on Flat-2. The two viable offers within the past three months were at £133,000 and £135,500.

Both Russ McLean as company director from the financial side of matters and importantly Paul Rutherford who owns Flat-2 are very happy to have made a verbal agreement with the current buyers of Flat-2.

However, as a safety precaution, it would be very wise to deploy an “Anti-Gazumping-Agreement.”

Immediately that is deployed, then the risk of a higher offer VOTE by the 38 x shareholders of Unique Property Bulletin Ltd., will be totally extinguished.

Both Russ McLean as director of the finances and Paul Rutherford as owner of Flat-2 want to continue with the current transaction that verbally agreed with Mr & Mrs David and Catherine Blunn.

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Safety Fast Track Backup At HM Land Registry

Whilst 11th December 2024 is viable. the solicitors may be held up be HM Land Registry (Scotland) having a backlog of 100,000 cases (here). Fortunately they are catching up well (click here) and there is an EMERGENCY FAST TRACK facility in case mortgage offer length is getting tight: Click here.

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Flat-2

Tod Head Lighthouse Station, DD10 0TH

This page is to ensure the smoothest possible progression of the sale process and includes the relevant list of legal documents and additional detail that is likely to be required to complete the sale process of Flat-2, Tod Head Lighthouse Station to the preferred buyers.

^^ To Head Lighthouse Station ^^

^^ Kineff By Montrose, Aberdeenshire, DD10 0TH ^^

Here are the list of links that are likely to contain information required to complete the legal formalities in transferring ownership of Flat-2 from the current owner, Mr Paul Rutherford, to the preferred buyers.

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1]. Owner & Seller: Mr Paul Rutherford. Telephone/Text: 07914 696737.


2]. Property Being Sold: Flat-2, Tod Head Lighthouse Station, Kinneff, By Montrose, Aberdeenshire, DD10 0TH.


3]. Title Plan of Flat-2: This is a copy of the actual Title-Plan as Disponed to Mr Paul Rutherford relating to his purchase of the flat and included a modest garden area, plus off-street parking as marked. This is what is being sol to the Buyers.

There was a problem caused by the Registers of Scotland (Land Registry). It has now been cured by the Seller’s solicitor taking remedial action…

Title-Deed Plan For Flat-2: Click Here.


4]. Sale Details: Click Here.

Rightmove Details “Under Offer” and Offline.

Last remaining part (for reference): Click Here.


5]. Seller’s Solicitor: Mr Paul Brown, LL.B, N.P., Hay Cassels, Solicitors & Notaries, Almada Chambers, 95 Almada Street, Hamilton, ML3 0EY.

Telephone: 01698 284844. Website: Click Here.


6]. Preferred Buyers: David Blunn and Catherine Blunn: (address redacted from this page).


7]. Buyer’s Solicitor: Mr Colin Bremner LL.B., N.P., Burnett & Reid Solicitors, 432 Union Street, Aberdeen, AB10 1TR. Telephone: 01224 655006. Website: Click Here

Scottish Legal Form Offer reference: CSB/2024.6916.


8]. Property EPC Certification: Here is a copy of the statutory EPC Certification relating to Flat-2 at Tod Head lighthouse Station…

Click Here.


9a]. Roof Repair Work – This segment is very important as it formed a conditional clause of the original Scottish Legal Form Offer from the Buyer to the Seller.

However, the price of Flat-2 has been discounted to an “as is” basis and this clause must be held as DELETED for the purchase to progress.

But it would be unfair on the Buyer if a firm and definitive amount were not placed on this cost PRIOR to proceeding with a sale/purchase of Flat-2. Plus an indication of the credentials of those undertaking the work and examples of very similar roof and lighthouse renovation work that has already been completed by this team.

Full details, please Click Here.


9b]. External and Communal Wall Painting – With respect to preparation and painting of the exterior walls and elevations at Tod Head Lighthouse Station, the Northern Lighthouse Board (NLB) returned a favour when we assisted them with (provision of accommodation and working H&S welfare unit) at Noss Head. Lighthouse Station.

One of many assistances the NLB provided was a TRADE ONLY account (for our company) at their bespoke paint manufacturers.

Based on similar buildings are NLB crew have completed, the cost of this paintwork, pro rata for Flat-2 is £633. The paint is a special (Forth Rail Bridge) type of specialist covering “system” and as with the Forth Rail Bridge, the Northern Lighthouse Board paint is flexible, forgiving, robust and breathable. It generally last 8 year (depending how wild the weather is and some annual maintenance). It should be mentioned that the Northern Lighthouse Paint is white, whereas the Forth Rail Bridge is red!


10a]. Owner’s Planning Permission “Letter of Comfort”: Due to the overall site owner (with the exception of Flat-1 an Flat-2) and likely requirement he is to undergo further spinal surgery, there is a distinct possibility of him needing to apply for Planning permission to demolish THREE of the dilapidated outbuildings and newbuild a single story dwelling on a separate spot currently occupied by the dilapidated outbuilding.

Consequently, it will be a condition of acceptance of the purchase of Flat-2 that the new owner guarantees there will be no objection lodged against this newbuild. A pro forma letter to this effect shall be provided by the Seller’s solicitor to the Buyer’s solicitor.

PRIOR to the “Conclusion of Missives, the disabled owner is providing the pre-planning drawings for the Buyer of Flat-2 to examine so that they can study those plans. This should ensure the sale/purchase process of Flat-2 is open and transparent. Indeed, tin such an event, the preferred Buyers of Flat-2 may find that a spare office/consulting room becomes available to their business.

Plan Drawings of Newbuild Single-Storey House

Click Here

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10b]. Letter of Comfort: Planning application By Russ McLean

Th legal requirement would normally require an entry on the Title Deeds. However a simple letter will SAVE A WEEK (ending up being added onto to he sale and entry date) and Russ McLean is very happy to solve this matter with this example…



To View The Disability Newbuild Flat

Click Here

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11]. Anti-Gazumping Contract: The Seller prefers to rely on a “hand-shake” and an “Anti-Gazumping Agreement” to guarantee that…

11a]. The Buyer has a period of exclusivity within which time they are assured the completion of their purchase will happen without the risk of their being “gazumped”. This is particularly relevant given the previous flat of similar design went “viral” on the websites belonging to Mr McLean and 186,399 people viewed that (Noss Head Lighthouse Station) online.

11b]. In addition to the Buyer having a guaranteed period of exclusivity, the “Anti Gazumping” agreement ensures the Seller can ret assured that the sale is progressing as it should and the Seller can stop having to show a long line of folk around a flat that has already been provisionally sol.

The “traditional” method of property sale is flawed and more so since the pandemic.

In Scotland, several buyers spend a lot of time and emotional investment, only for the majority of potential buyers to lose out. Few other purchases (such as cars or kitchens or furniture) are conducted in the Scottish “Closing Date” manner with a stressful gamble for the most important purchase of a persons life.

The Seller wishes to give the current Buyer a period of grace and exclusivity to sort out and conclude their offer through to completion.

There will be no gazumping, in spite of problems at HM Land Registry coping with a backlog of 100,000 properties (here) and problems with the Law Society of Scotland reporting up to 24% of staff looking to depart from their jobs (here and here).

186,399 Online viewings during 2017,

of an almost identical lighthouse building

to Flat-2 at Tod Head.

Though Noss Head is far more remote.

This 186,399 Resulted In A Very Nervous Buyer…

^^ A Previous Buyer ^^

At our Noss Head Lighthouse Station

Was very worried about being “gazumped”

Consequently the…

“Anti Gazumping Agreement”

… had and continues to be deployed to provide

the Buyer and the Seller with reassurance.


The 186,399 online viewers yielded 11 offers, of which 5 were HIGHER and as viable as the one to which our Seller had “shaken hands” in agreement with the Buyer.

That Buyer happened to be a doctor; in fact an A&E Consultant. The local hospital in the far, far north kept burning-out A&E consultants (Noss Head Lighthouse Station is so far north that you can see the Orkney Islands from the Flat-2 that was for sale up at that lighthouse station).

The Seller’s mother had passed away in 2016 at Caithness General Hospital and he and the family noticed how overworked the staff were at Caithness Hospital.

This was the reason the Seller and family indicated the doctor and his wife as their “preferred buyers” for the Noss Head Lighthouse Station.

A similar set of circumstances prevail at Tod Head Lighthouse Station. Some buyers have already offered a few thousand pounds more, but this is a marginal amount. and the Seller has already promised the buyer to work in a way where the Buyer has some exclusivity to get all of their purchaser ducks in a row.


To Contact The Seller, Paul Rutherford Directly…

Telephone or Text: 07914 696737.

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Anti Gazumping Contract

Keeps The Process Professional & Provides Reassurance

 

Law Society research indicates that there is a chronic shortage of solicitors (here), with the startling recent figure of 24% of staff looking to leave their jobs and an even more chronic backlog of property conveyances, exceeding 100,000 at the Registers of Scotland (Scottish Land Registry (here).

Here at Unique Property Bulletin, we have a healthy readership from which to research our own “numbers and the 11% to 24% of solicitors considering leaving their jobs marries up with the conveyancing delays that our readers from the main property website provide us with.

The Law ociety publication is clearly the gold-stadard. However, our own research “on the ground” with actul property purchases and sales harmonises with the Law Society. The sample is drawn from or 10,000 + 4,000 on social media with a website that averages 52,000 readers per month. Of particular relevance is when our numbers go “viral”. This has happened frequently and when…

186,399 Potential Buyers

This Sale Was In 2017 & Very Remote

The Offers Over £85,000 Resulted in A £99,500 Sale: Click Here

^^ 186,399 Potential Buyers ^^

oUR one bUYER AS nRVOUS OF bEING gAZUMPED

& rIGHTLY sO4 OF THE ALTERNATE OFFRS WERE higheR THAN HIS.

bUT AS A DOCTOR AND THE SELLER’S MOTHER JUST HAVING PASSED AWAY IN THE LOCL HOSPITAL WHERE THERE ARE ACUTE STAFF SHORTAGES, IT SEEMS FIR ND REASONABLE FOR THESELLER TO CHOSE THE PERSON/ AND THEIR PARTNER WWITH WHOM THEY WILL BE SHARING BOUNDARIES AT nOSS HEAD LIGHTHOUSE sTATION.

Consequently it cae as no surprise when the buyer we had “shook hands” with and agreed a sale price, became nervous about being “gazumped.

As a result, the Anti Gazumping Contract was created to provide exclusivity and reassurance that the buyer would NOT be gazumped and also give the seller a fair amount of comfort that thesale to their preferred buyer would complete, albeit with maybe a few weeks’ “slippage due to 24% of legal staff considering leaving their jobs and the 100,000 backlog at HM Land registry (Registers of ScotlanD)..

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Buyer Benefit: If all goes wrong and the sale falls through, the non-refundable deposit can be classed as a “good” element. In other contracs, the buyer is exposed to TENS of THOUSANDS of pounds in losses that may be suffered by the seller. We know because we witnessed this via our publication Unique Property Bulletin on several occasions. The worst was in 1999 where we witnessed a buyer-in-default pay over £60,000 to the seller and walk away empty handed. So this anti Gazumping protocol defines a maximum loss in the event of a sale collapsing. From over 30 yeasr experience in property (and law as a police officer before tht), it is a mystery as to why the legal system in Scotland remains as it is. There are many flaws within what should be an elegant and precise system of property conveyancing. Especially as the Scottish system is the oldest in the world (here and here). It should be working well by now!

HM Land Registry RoS ~ Oldest in the world: here and 1248 here and here

 

 

40 years experience as when the “miivs Are Concluded” the exposure of the Buer to loss can

 

 

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PAGE EDIT IN PROCESS

PLEASE CHECK BACK SOON


NOTES for tidying up. Our lawyer plus our Q.C/K.C keep emphasising shor, sharp and focussed terms to ensure a clear and clean contract.

..potential buyers look at a particular building we have advertised “for sale” the exclusivuity given to just OONE biuer (our preferred protocol for doing business0 is invariably honoured from our side, But as happened with the above example where 186,3999 reders viewed a 3 bedroom (former) lighthouse keeper’s house we owned at oss Head Lighthouse Station, and the 11 other offers, ohis mean an inevitable


 

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