Before you bid:
- You have read and agreed to the terms of the auction.
- Inspected the properties OR waived your ability to inspect.
- Properties are sold “AS IS, WHERE IS” without any further, appraisals, financing, inspections, or repairs.
- The Auctioneer controls the bidding & corrects any inadvertent bids: The Auctioneer has final say.
- A deposit of 10% of the high bid is due on June 10th at completion of auction.
- 10 Day upset period applies for all court ordered sales.
- Property is subject to a buyer’s premium of 10% added to the high bid.
BUYER’S PREMIUM: A 10% Buyer’s Premium will be added to your final bid to equal the contract price.
TERMS: $10,000.00 or 10% 0f bid price (whichever is greater) down on July 22nd, balance shall be payable in cash at closing in within7 days of court confirmation. This transaction is not contingent on the Purchaser obtaining financing or upon any other event except as specifically referred to in these Terms and Conditions. Personal or Business check accepted with bank letter guaranteeing payment of such funds.
LIQUIDATED DAMAGES: If buyer chooses not to close within stated time herein and no written extension has been granted by the seller, the buyer will forfeit all the deposit. If such action occurs, Eagle Auction Professionals, hereby has the right to disperse the deposit as stated in the listing agreement and the buyer has no claims to such money or property being sold. Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost and additional cost of auction as not defined in this agreement. These liquidated damages and/or any additional damages the seller suffers by the default of the buyer.
ARBITRATION: For disputes that are not resolved by the parties with ten (10) days after either party gives notice to the other of its desire to arbitrate the dispute, the dispute shall be settled by binding arbitration by the American Arbitration Association in accord with its then-prevailing rules. Judgment upon the arbitration award may be entered in any court having jurisdiction. The arbitrator shall have no power to change the provisions of this Agreement. The arbitrator shall consist of one arbitrator, who must be a real estate attorney actively engaged in the practice of law for at least the last five (5) years.
ESCROW: All monies collected on sale day will be placed in the Guardian/administrator’s Trust Account.
POSSESSION: Purchaser shall receive possession of property the after-recordation date of closing.
CONFIRMATION: Sale is subject to seller clerk of court conformation.
SURVEY: All property will be surveyed or conveyed by the deed/plat of record. If a survey is required, the following terms will apply:
All survey fees are between the buyer and the surveyor. Any additional work is between the buyer and the surveyor. Neither Eagle Auction Professionals nor the seller represents the survey in any way.
The sale plat has been derived from tax maps taken from the County Tax Office. The tract layout was done by Eagle Auction representatives and is believed to be correct, but not guaranteed to be so.
SPECIAL INSTRUCTIONS: Any special instructions must be written on sales contract today.
CLOSING COST: Seller will prepare a deed. Purchaser shall pay all closing costs associated with examination of title, the Closing, and filing the documents to be recorded including the cost of any deep stamps and/or deed transfer taxes.
TITLE INSURANCE: Title insurance will be the purchaser’s expense.
TAXES: This sale is subject to all past due(if any) and current taxes.
RESTRICTIONS: Subject only to (1) all City, County and State laws, ordinances, and regulations and (2) any easements encumbrances and restrictions applicable to the Property. Seller is placing no restrictions on the property.
RELEASE: By its acceptance of the deed, the Purchaser shall be deemed to release Seller and Eagle Auction from all claims and liabilities relating to any defect, deficiency or other matter concerning the Property including, without limitation, the condition, quantity or use of the Property. Seller and Eagle Auction gives no warranties of any kind, either expressed or implied, with respect to the condition, merchantability, use, size, configuration, design, or suitability of the Property.
AUCTION CONTRACT: Please note that the Auction Contract you will execute immediately following the close of the auction will be drawn up based on the way you bid. See an attached sample copy of the auction contract being used.
REAL ESTATE BROKERAGE SERVICES DISCLOSURE: Eagle Auction represents the seller in this transaction. Eagle Auction has an exclusive right to sell listing for this transaction. All negotiations must be conducted through Eagle Auction. Eagle Auction is exclusive agent for the sellers in this transaction. All successful purchasers will be required to sign an Agency Disclosure Form at the time of signing the auction contract.
EAGLE AUCTION INVOLVEMENT IN THIS CONTRACT: The seller and buyer hereby agree that Eagle Auction is a part of this contract and shall receive compensation as stated in agreement hereto as stated in listing agreement hereby made a part of.
UTILITIES: Eagle Auction & Realty, Inc. or the seller does not guarantee the availability of utilities, public or private. This consists of but is not limited to wells, septic tanks, access to public utilities or any hookup fees therewith. Confirmation of utility availability is the bidder’s sole responsibility.
BIDDER’S DUTY TO INSPECT: All information published, announced, or contained herein was derived from sources believed to be correct, however, it is not guaranteed by the seller, the auctioneers or any other person or entity. Personal onsite inspection of all property by potential bidders is strongly recommended. All sales are subject to the conditions and terms contained herein. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, right-of-ways, or any other information that can be obtained as public record in the county courthouse or any municipal office concerning subject properties. All announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information. Please note that you are bidding to purchase the Property “As Is, where is” with no guarantee or warranty. Eagle Auction is the agent of the seller and their fiduciary duties of loyalty and faithfulness are owed to their client (the seller).