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.TERMS & CONDITIONS

AUCTION BY OWNER

 

TERMS AND CONDITIONS OF THIS AUCTION

1. TERMS: These terms and conditions are absolute and cannot be altered or changed in any way. If you cannot follow these terms 100%, you are welcome to stay as a spectator, but kindly do not bid. If you do not understand any of these conditions, please ask us before bidding. Once you have been evidenced to be the winning bidder you have effected a legally binding contract which cannot be altered or voided. Be certain you want the property at the bid amount before bidding. No transfer recognized from bidder to bidder.

2. NO GUARANTEE: Everything is sold A AS-IS, WHERE-IS@ without guarantees of any kind. Please feel free to use the per-auction time for inspection of the premises. We encourage you NOT to bid unless you have inspected the property. ANY GUARANTEE MUST BE IN WRITING WITHOUT EXCEPTION.

3. WARRANTY: Other than delivery of title, neither auctioneers nor owners make any representation of warranty. Neither auctioneers nor owners make any presentation of warranty, EXPRESSED OR IMPLIED, on the property as to its merchantability or its fitness for general or particular purpose. All property is sold A AS-IS, WHERE -IS@ without recourse.

4. PAYMENT: Purchase agreement will be signed immediately after the final gavel falls. Certified funds of:                   $ ___________________ will be collected as a down payment/earnest money. Closing and possession date will be set. FAILURE TO CLOSE WILL RESULT IN FORFEITURE OF EARNEST MONEY. NO EXCEPTIONS. Auctioneer= s decisions are final. No transfer of property will be recognized between bidders.

5. INCREMENTS: Auctioneers reserve the right to set bidding increments prior to the fall of the gavel regardless of type of auction being conducted. Fractional increment advances may not be recognized as bids. Any listed or announced order of sale may be changed WITHOUT NOTICE by the auctioneer. Auctioneer may bid on behalf of absentee bidders. Auctioneer has the right to refuse any bid, at any time.

6. DELETIONS & ADDITIONS: Any deletions and/or additions to the auction will be announced. The owners reserve the right to add and withdraw lots prior to bidding, without notice.

7. DESCRIPTIONS: While descriptions are believed to be accurate, the auctioneer and seller make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity of or defect in any property being auctioned and will not be held responsible for any advertising discrepancies or inaccuracies, or changes since the adverting placement date. Buyers need to rely solely upon their own inspection and information.

8. HOLD HARMLESS: The buyers hereby indemnify and hold harmless the auctioneer and seller from any and all damages, claims or liabilities from any injuries to persons or property of any type whatsoever caused during the sale of property that is purchased.

9. RESPONSIBILITY & TITLE: Buyers are responsible for their items after purchase. This means that title passed to you on the fall of the gavel, even though you may have not yet paid for the item. You are responsible for guarding your property accordingly. The bidder assumes full risk and responsibility and agrees to pay the full purchase price. The auctioneer is agent for and under contract with the owners of the property.

10. ADJUSTMENTS: Absolutely no adjustments, claims or refunds will be allowed after the auctioneer= s report or final settlement is made with the owner. ANY CLAIMS MUST BE MADE WHILE STILL ON THE AUCTION PREMISES. Any claim must be made in writing within 24 hours of bidder settlement.

11. TAX: Applicable sales tax must be added to the purchase of all taxable auction purchases. No refunds of sales tax can be made after settlement.

12. BUYER= S PREMIUM: WHAT IS A BUYER= S PREMIUM? A A Buyer= or Bidder= s Premium@ is a tool to help defray the cost of the auction onto those who benefit most from it, you the buyers. Without it the sellers would not be selling their property today at public auction. Bidders who have a signed agreement and/or, are working with a licensed MLS Realtor will automatically be charge a 2.7% additional Buyer= s premium. Realtors work very hard for you and they must be paid. NO EXCEPTIONS.

15. ANNOUNCEMENTS: Any announcement on the day of the auction shall take precedence over previously distributed information or advertising. Listen to opening announcements as they are important. Auctioneer may announce additional information or terms during the course of the auction, especially as it relate to the specific property.

ALL AUCTIONS WILL START ON TIME WITHOUT EXCEPTIONS. IF THERE IS A PROBLEM, PLEASE CONTACT US RIGHT AWAY. WE WILL HAVE AN AGREEABLE SOLUTION IF AT ALL POSSIBLE.

__________________________________________________________________________________________

ALL SALES ARE FINAL UPON FINAL BID-NO WARRANTIES EXPRESSED OR IMPLIED

I agree that I have read this document and agree to the conditions set forth. I also state that the information below is correct.

NAME: ___________________________________________________________

ADDRESS: ___________________________________________________________

CITY/STATE/ZIP: ___________________________________________________________

PHONE NUMBER(S): ___________________________________________________________

E-MAIL: ___________________________________________________________

PROPERTY TO BE AUCTIONED: ___________________________________________________________

WOULD YOU LIKE OUR MORTGAGE BROKER TO CONTACT YOU?: YES:_________ NO:__________

SIGNATURE: _____________________________________________________________________________

HOUSE AUCTION SALES

(P): 651-645-1776 (FAX): 651-645-0027

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