Auction Terms & Conditions ONLINE AUCTION NOTICE -
BIDDING PROCEDURE BUYER'S ARE TO FOLLOW WITH NO WAIVER
----BIDDERS COPY OF PURCHASE AGREEMENT AND TERMS: All bidders who have registered for the online auction can view copies of the offer to purchase and terms that they will be signing at nessbrosauctions.com, on the specific property Auction Detail Page.
----ONLINE REGISTRATION: Registration for this auction (online) finalizes each bidder's agreement to the terms and conditions of sale as stated in the purchase agreement which are incorporated by reference into your bidding. Do not bid until you have read the terms and conditions. In order to bid on the Real Estate, all Bidders must be signed in through auctionflex.com. There is no fee to register, but a valid credit card will be required to verify identity. By bidding you are representing to Ness Bros ("Broker" and/or "Auctioneer") and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures.
----CONDUCT OF THE AUCTION: The seller and selling agents reserve the right to preclude any person from bidding if there is any question as to the person's credentials, fitness to bid, financial ability to buy, etc. All decisions of the Auctioneer are final. THE SALE WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. Ness Bros is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid.
----BIDDING: Bidding starts at the nominal Opening Bid(s) indicated and is open to all who registered and are approved. The bidding will be open for minimum of 19 days. The auction ends at a predetermined time with an Overtime Period if necessary, which is defined as follows: if a bid is placed within five (5) minutes of the close of bidding, then another five (5) minute period commences from the time of the last bid until no bids are placed within the next five (5) minutes. The last bid shall be made final.
----AGENCY DISCLOSURE & GENERAL OFFICE POLICIES: Ness Bros. Auction Staff and Auctioneers will represent the Seller exclusively unless Ness Bros. Agent has a signed buyer agency agreement with buyer, then that agent has a limited agency with buyer.
----DISCLAIMER & ABSENCE OF WARRANTIES: All information contained online or in the brochure and related material is subject to the terms and conditions outlined in the Purchase Agreement. The property is being sold on an "AS IS, WHERE IS" basis. No warranty or representation, either expressed or implied, concerning the property, its condition, or the condition of any other components on the property, is made by the Seller or the Auction Company. All sketches and dimensions online or in the brochure are approximate. The information contained online or in the Brochure is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller or Ness Bros Auctioneers. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property.
---TERMS: 10% down or minimum of $2,500, whichever is greater, within 24 hours of the online auction closing, balance due in full upon delivery of the merchantable title and deed free and clear of all liens and encumbrances except as stated herein and subject to easements or restrictions of record. A 5% buyer's premium or minimum $2,500.00 whichever is greater will be added to final bid and included in the total contract price. All bids accepted on the Real Estate subject to the Sellers approval.
----CONDITIONS: No offer can be accepted that is contingent on financing. The earnest money will be totally forfeited in the event the Seller accepts the successful bidder's purchase agreement in writing and the successful bidder subsequently refuses to proceed to closing.
---EXECUTION OF PURCHASE AGREEMENT: The successful bidder will be required to execute an irrevocable written Agreement to Purchase Improved Real Estate Contract immediately following the close of the auction. Buyer's offer expires 11:59 P.M. (Local time) seven days after the online auction date, unless seller timely accepts it; the earnest money will be returned if Seller does not accept the successful bid.
----TAXES: The real estate taxes shall be prorated. Seller shall pay real estate taxes which are payable during the year in which closing occurs, and taxes payable during the succeeding year, prorated to the date of closing. Buyer shall assume and pay all subsequent taxes. If at the time of closing the tax bill for the Real Estate for the succeeding year has not been issued, taxes payable by either party shall be computed based on the last tax bill available to the closing agent.
----POSSESSION: The possession of the property shall be Upon closing, subject to tenants’ rights, by 5:00 P.M.
----SURVEY: No survey will be provided by the Seller, if a survey is requested, it will be paid for by the Buyer.
----CLOSING: Balance of the purchase price is due in cash at closing, which will take place on or before the thirtieth (30th) day following the Accepted Date. The fee charged by any closing agent, including an attorney acting as a closing agent for both parties, or Buyer's lender acting in such capacity, for closing services shall be paid equally by the parties. Buyer will be responsible for paying a $245.00 administration transaction commission.
NOTE: Any Personal Property left in the residence and buildings, or on the land after the Real Estate closing will be inherited by the new buyers
THANK YOU for your interest in this offering. If you have any questions, please feel free to talk to one of our representatives.
STATEMENTS MADE THE DAY OF AUCTION TAKES PRECEDENCE OVER PREVIOUS PRINTED MATERIALS, OR ANY PREVIOUS ORAL STATEMENTS