Special Terms
General Terms: 10% Buyers Premium; Auction Purchaser will assume responsibility of current year ad valorem taxes. Closing will be no later than July 16, 2021. At the close of the auction, if the bid is accepted by the owner, the bidders will be emailed a contract to be executed and returned to Courtney Jo Weaver, Broker/Auctioneer. Successful bidder will deposit 10% of contract price per property in the form of cashier's check or wire transfer to Courtney Jo Weaver, Broker/Auctioneer. within 24 hours of contract ratification by owner. The entirety of the remaining balance is due at closing. Purchaser will be responsible for all wire transfer fees. Please read complete terms and conditions provided.
Credit Card and Driver's license is required at registration
PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY.
Following your review of these terms, do not bid if you do not agree or accept. By placing a bid, you are accepting the terms of this auction and will be held to the terms as they are presented and updated. These terms create a legal binding contract between you and Courtney Jo Weaver, Broker/Auctioneer. Documents presented at the website are a part of the terms.
Properties are subject to reserve and/or owner/seller approval. This online auction is set for automatic approval provided that reserves are met. You may register for the auction and download any documents in regard to this auction. Courtney Jo Weaver, Broker/Auctioneer has put forth every effort in preparing the catalog for this auction to provide accurate description of the property. The property is sold as-is with no warranty written or implied by Courtney Jo Weaver, Broker/Auctioneer. The following information is provided to you as a matter of convenience only, and no representation or warranty, expressed or implied, is made as to its accuracy or completeness by the broker/auctioneer. All information obtained came from third party sources.
Bidders are encouraged to inspect the property you wish to purchase PRIOR TO THE ONLINE AUCTION. No sale will be contingent upon a property inspection by the successful bidder after the auction nor is the sale contingent upon Buyer obtaining financing. You are expected to pre-qualify yourself with a lender before the auction. Printed statements or descriptions by broker/auctioneer or owners are provided in good faith and are matters of opinion. Bidders must conduct and rely solely upon their own investigations and inspection in regard to the condition and feasibility of the bidder’s intended use. The real property is being sold AS IS with any and all faults. Please review all information supplied and seek appropriate assistance prior to bidding at auction. For inspection appointments, please call our office at 601-564-8414.
Officers may be considered prior to auction. Despite our efforts to avoid withdrawal of properties from the sale list after they are advertised, it may sometimes be necessary. Therefore, Courtney Jo Weaver, Broker/Auctioneer and the owner/seller reserves the right to do so.
DISCLOSURE OF KINSHIP: Courtney Jo Weaver, Broker/Auctioneer is related to one of more of the owners/sellers of properties in this catalog of this auction and is disclosed within property descriptions.
BIDDER REGISTRATION:
In order for us to have enough time to conduct authorizations, bidders are encouraged to register and bid at least 24 hours in advance of the auction. In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, and email address at which they can be contacted. This is to insure good communication between Courtney Jo Weaver, Broker/Auctioneer and the bidder throughout any transactions. Each bidder's identity will be verified. Bidding rights are provisional, and if complete verification is not possible, Courtney Jo Weaver, Broker/Auctioneer will reject the registration, and bidding activity will be terminated.
BIDDING PROCEDURES:
Online auctions move quickly! If you are interested in bidding, bid quickly; especially at the close of bidding time. The bidding software will notify bidders by email or text when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connection speed, bidders are encouraged to place a max bid or to constantly monitor the auction near close of bidding. Sometimes email or text notifications can be delayed. If you win, you will be notified by email.
AUCTION END TIMES:
All online only real estate auctions are timed events and are subject to auto extend. Online Auctions have an auto extend feature of 5 minutes. Any bid placed in the final 5 minutes of an auction, the auction ending time will be automatically extended 5 minutes from the time the bid was placed. The auto-extend feature remains active until no further bids are received within the 5 minute time frame. At close of auction, all bidders are encouraged to watch the catalog in case it goes into extension.
BUYER'S PREMIUM:
Purchaser agrees to pay a premium of 10% of the bid price upon closing. Purchaser recognizes and agrees that the 10% premium paid as commission in this transaction does not constitute purchaser representation. The 10% Buyer's Premium will be added to your final bid to equal the contract price. The hammer bid and the buyer’s premium establish the final price. Example: Bid price ($100,000.00) + 10% Buyer's Premium ($ 10,000.00) = Total Contract price ($ 110,000.00)
CLOSING:
Closing: The sale is to be closed as soon as possible and no later than July 16, 2021. Time is of the essence. Owner will pay for preparation of the deed of conveyance and prior real estate taxes past due. All other closing costs (i.e. survey fees, title work and other fees associated with the closing) are the buyer's responsibility.
TAXES:
2021 ad valorem taxes are the full responsibility of the auction purchaser. Any prior year taxes will be paid by the trustee.
POSSESSION:
Purchaser shall receive possession of property at closing.
ACREAGE AND AERIAL PHOTOS: Parcel Dimensions and acreages are based on legal descriptions but are not guaranteed.
BIDDER BROKER PARTICIPATION:
If you are utilizing a broker for bidding assistance, a Bidder Broker Participation Form is available. Please call our office for the form. Bidder/Broker Participation forms MUST BE submitted prior to bidder registration for Broker to receive credit.
RESTRICTIONS:
Property restrictions are subject to all specific city, county and State of Mississippi laws, ordinances and regulations. Property is selling to all easements of record. The owner does warrant that they have good merchantable title to the real estate and that they will convey the same with a deed, free from all encumbrances, liens or judgments at the time of closing.
SPECIAL INSTRUCTIONS:
Any special instructions must be written on sales contract today. Complete terms and conditions will be provided prior to auction day and specified within the Contract for the Sale and Purchase of Real Estate showcased in the Documents section of the project.
AUCTION CONTRACTS:
At the close of the auction, if the bid is accepted by the owner, the bidders will be emailed a contract to be executed and returned to Courtney Jo Weaver, Broker/Auctioneer. Successful bidder will deposit 10% of contract price per property in the form of cashier's check or wire transfer to Courtney Jo Weaver, Broker/Auctioneer within 24 hours of contract ratification by owner. The entirety of the remaining balance is due at closing. Purchaser will be responsible for all wire transfer fees. You will be closing on property on which you are the successful bidder in the final manner in which you bid at the auction.
AUCTION BID DEFAULT:
Successful bidder not executing and returning the contract with earnest money deposit within 24 hours of the conclusion of the auction will be considered in default. In the event a winning bidder fails to submit the signed Contract for the Sale and Purchase of Real Estate and 10% of High Bid Price in earnest money deposit, the winning bidder will be charged a penalty fee of $1,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by Courtney Jo Weaver, Broker/Auctioneer and seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. Courtney Jo Weaver, Broker/Auctioneer reserves the right to sell to the second-highest bidder in the event the successful high bidder does not comply with the terms of the sale.
LIQUIDATED DAMAGES:
If the buyer does not close within the stated time on the contract and a written extension has not been granted by the owner, the buyer will forfeit all of the 10% escrow deposit. If such action occurs, Courtney Jo Weaver, Broker/Auctioneer 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 owner, labor cost and additional cost of auction as not defined in this agreement.
AGENCY DISCLOSURE:
Courtney Jo Weaver, Broker/Auctioneer is the agent of the owner/seller and their fiduciary duties of loyalty and faithfulness are owed to their client. Courtney Jo Weaver, Broker/Auctioneer is not acting as a buyer's agent. Courtney Jo Weaver, Broker/Auctioneer reserves the right to remove or cancel the bids and or bidding rights and privileges of any party, deemed not to be in the best interest of the owner, at any time. Courtney Jo Weaver, Broker/Auctioneer reserves the right to cancel the auction at any time. The owner/seller and buyer hereby agree that Courtney Jo Weaver, Broker/Auctioneer is a part of this contract and shall receive compensation as stated in agreement hereto or as stated in listing agreement hereby made a part of. Auctioneer has the right to sell this Property in any form or fashion that is legal and ethical in order to produce the best offer to the owner/seller.
HOLD HARMLESS:
Buyer and or bidder agrees that Courtney Jo Weaver, Broker/Auctioneer. is a representative of the owner/seller and agrees to hold harmless and indemnify Courtney Jo Weaver, Broker/Auctioneer and representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the owner/seller for any remedy demanded. In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Courtney Jo Weaver, Broker/Auctioneer reserves the right to lower the starting bids, extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor Courtney Jo Weaver, Broker/Auctioneer SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Courtney Jo Weaver, Broker/Auctioneer.
SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES:
Any and all claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought in the appropriate court of Scott County, Mississippi, and shall be governed by the laws of the State of Mississippi; Owner/Seller and Bidder/Buyer each individually and collectively by virtue of participating in the Auction conducted by Courtney Jo Weaver, Broker/Auctioneer do hereby irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Scott County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Courtney Jo Weaver, Broker/Auctioneer regardless of the nature or location of the property sold/purchased or the physical location of the Auction.
BIDDER ACKNOWLEDGEMENT:
Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies and/or any servant, agent or employee of the same by bidder’s participation in this auction. Bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the owner/seller in this auction.
DISCLAIMER OF WARRANTIES:
There are no understandings, agreements, representations or warranties, express or implied not specified herein, respecting this contract or the item or property sold hereunder, including but not limited to the merchantability or fitness for a particular purpose.
BIDDER RESPONSIBILITIES:
Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site, you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auctioneer or appointed representatives may bid on auction for absentee bidders or at the direction of interested bidders.
GUARANTY AGREEMENT IN REGARD TO BIDDING FOR A BUSINESS ENTITY:
By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees earnest money payment to Courtney Jo Weaver, Broker/Auctioneer and completion of the transaction.
REASONABLE ACCOMMODATION:
Courtney Jo Weaver, Broker/Auctioneer as an equal opportunity employer and professional service provider and organization has no intention to discriminate on the basis of disability or other legally prohibited basis. Our decisions are made without regard to race, color, religion, sex, disability, sexual orientation, gender identity, national origin, veteran status, or genetic information. Accommodations are made in regard to hiring employees or assisting clients or customers in regard to our services unless the accommodation will impose an undue hardship. Requests for reasonable accommodations should be directed to Courtney Jo Weaver, Broker/Auctioneer. By bidding on any item, the bidder shows acceptance of the terms of the auction.
General Terms: 10% Buyers Premium; Auction Purchaser will assume responsibility of current year ad valorem taxes. Closing will be no later than July 16, 2021. At the close of the auction, if the bid is accepted by the owner, the bidders will be emailed a contract to be executed and returned to Courtney Jo Weaver, Broker/Auctioneer. Successful bidder will deposit 10% of contract price per property in the form of cashier's check or wire transfer to Courtney Jo Weaver, Broker/Auctioneer. within 24 hours of contract ratification by owner. The entirety of the remaining balance is due at closing. Purchaser will be responsible for all wire transfer fees. Please read complete terms and conditions provided.
Credit Card and Driver's license is required at registration
PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY.
Following your review of these terms, do not bid if you do not agree or accept. By placing a bid, you are accepting the terms of this auction and will be held to the terms as they are presented and updated. These terms create a legal binding contract between you and Courtney Jo Weaver, Broker/Auctioneer. Documents presented at the website are a part of the terms.
Properties are subject to reserve and/or owner/seller approval. This online auction is set for automatic approval provided that reserves are met. You may register for the auction and download any documents in regard to this auction. Courtney Jo Weaver, Broker/Auctioneer has put forth every effort in preparing the catalog for this auction to provide accurate description of the property. The property is sold as-is with no warranty written or implied by Courtney Jo Weaver, Broker/Auctioneer. The following information is provided to you as a matter of convenience only, and no representation or warranty, expressed or implied, is made as to its accuracy or completeness by the broker/auctioneer. All information obtained came from third party sources.
Bidders are encouraged to inspect the property you wish to purchase PRIOR TO THE ONLINE AUCTION. No sale will be contingent upon a property inspection by the successful bidder after the auction nor is the sale contingent upon Buyer obtaining financing. You are expected to pre-qualify yourself with a lender before the auction. Printed statements or descriptions by broker/auctioneer or owners are provided in good faith and are matters of opinion. Bidders must conduct and rely solely upon their own investigations and inspection in regard to the condition and feasibility of the bidder’s intended use. The real property is being sold AS IS with any and all faults. Please review all information supplied and seek appropriate assistance prior to bidding at auction. For inspection appointments, please call our office at 601-564-8414.
Officers may be considered prior to auction. Despite our efforts to avoid withdrawal of properties from the sale list after they are advertised, it may sometimes be necessary. Therefore, Courtney Jo Weaver, Broker/Auctioneer and the owner/seller reserves the right to do so.
DISCLOSURE OF KINSHIP: Courtney Jo Weaver, Broker/Auctioneer is related to one of more of the owners/sellers of properties in this catalog of this auction and is disclosed within property descriptions.
BIDDER REGISTRATION:
In order for us to have enough time to conduct authorizations, bidders are encouraged to register and bid at least 24 hours in advance of the auction. In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, and email address at which they can be contacted. This is to insure good communication between Courtney Jo Weaver, Broker/Auctioneer and the bidder throughout any transactions. Each bidder's identity will be verified. Bidding rights are provisional, and if complete verification is not possible, Courtney Jo Weaver, Broker/Auctioneer will reject the registration, and bidding activity will be terminated.
BIDDING PROCEDURES:
Online auctions move quickly! If you are interested in bidding, bid quickly; especially at the close of bidding time. The bidding software will notify bidders by email or text when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connection speed, bidders are encouraged to place a max bid or to constantly monitor the auction near close of bidding. Sometimes email or text notifications can be delayed. If you win, you will be notified by email.
AUCTION END TIMES:
All online only real estate auctions are timed events and are subject to auto extend. Online Auctions have an auto extend feature of 5 minutes. Any bid placed in the final 5 minutes of an auction, the auction ending time will be automatically extended 5 minutes from the time the bid was placed. The auto-extend feature remains active until no further bids are received within the 5 minute time frame. At close of auction, all bidders are encouraged to watch the catalog in case it goes into extension.
BUYER'S PREMIUM:
Purchaser agrees to pay a premium of 10% of the bid price upon closing. Purchaser recognizes and agrees that the 10% premium paid as commission in this transaction does not constitute purchaser representation. The 10% Buyer's Premium will be added to your final bid to equal the contract price. The hammer bid and the buyer’s premium establish the final price. Example: Bid price ($100,000.00) + 10% Buyer's Premium ($ 10,000.00) = Total Contract price ($ 110,000.00)
CLOSING:
The sale is to be closed as soon as possible and no later than July 16, 2021. Time is of the essence. Owner will pay for preparation of the deed of conveyance and prior real estate taxes past due. All other closing costs (i.e. survey fees, title work and other fees associated with the closing) are the buyer's responsibility.
TAXES:
2021 ad valorem taxes are the full responsibility of the auction purchaser. Any prior year taxes will be paid by the trustee.
POSSESSION:
Purchaser shall receive possession of property at closing.
ACREAGE AND AERIAL PHOTOS: Parcel Dimensions and acreages are based on legal descriptions but are not guaranteed.
BIDDER BROKER PARTICIPATION:
If you are utilizing a broker for bidding assistance, a Bidder Broker Participation Form is available. Please call our office for the form. Bidder/Broker Participation forms MUST BE submitted prior to bidder registration for Broker to receive credit.
RESTRICTIONS:
Property restrictions are subject to all specific city, county and State of Mississippi laws, ordinances and regulations. Property is selling to all easements of record. The owner does warrant that they have good merchantable title to the real estate and that they will convey the same with a deed, free from all encumbrances, liens or judgments at the time of closing.
SPECIAL INSTRUCTIONS:
Any special instructions must be written on sales contract today. Complete terms and conditions will be provided prior to auction day and specified within the Contract for the Sale and Purchase of Real Estate showcased in the Documents section of the project.
AUCTION CONTRACTS:
At the close of the auction, if the bid is accepted by the owner, the bidders will be emailed a contract to be executed and returned to Courtney Jo Weaver, Broker/Auctioneer. Successful bidder will deposit 10% of contract price per property in the form of cashier's check or wire transfer to Courtney Jo Weaver, Broker/Auctioneer within 24 hours of contract ratification by owner. The entirety of the remaining balance is due at closing which will be no later than July 16, 2021. Purchaser will be responsible for all wire transfer fees.
AUCTION BID DEFAULT:
Successful bidder not executing and returning the contract with earnest money deposit within 24 hours of the conclusion of the auction will be considered in default. In the event a winning bidder fails to submit the signed Contract for the Sale and Purchase of Real Estate and 10% of High Bid Price in earnest money deposit, the winning bidder will be charged a penalty fee of $1,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by Courtney Jo Weaver, Broker/Auctioneer and seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. Courtney Jo Weaver, Broker/Auctioneer reserves the right to sell to the second-highest bidder in the event the successful high bidder does not comply with the terms of the sale.
LIQUIDATED DAMAGES:
If the buyer does not close within the stated time on the contract and a written extension has not been granted by the owner, the buyer will forfeit all of the 10% escrow deposit. If such action occurs, Courtney Jo Weaver, Broker/Auctioneer 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 owner, labor cost and additional cost of auction as not defined in this agreement.
AGENCY DISCLOSURE:
Courtney Jo Weaver, Broker/Auctioneer is the agent of the owner/seller and their fiduciary duties of loyalty and faithfulness are owed to their client. Courtney Jo Weaver, Broker/Auctioneer is not acting as a buyer's agent. Courtney Jo Weaver, Broker/Auctioneer reserves the right to remove or cancel the bids and or bidding rights and privileges of any party, deemed not to be in the best interest of the owner, at any time. Courtney Jo Weaver, Broker/Auctioneer reserves the right to cancel the auction at any time. The owner/seller and buyer hereby agree that Courtney Jo Weaver, Broker/Auctioneer is a part of this contract and shall receive compensation as stated in agreement hereto or as stated in listing agreement hereby made a part of. Auctioneer has the right to sell this Property in any form or fashion that is legal and ethical in order to produce the best offer to the owner/seller.
HOLD HARMLESS:
Buyer and or bidder agrees that Courtney Jo Weaver, Broker/Auctioneer. is a representative of the owner/seller and agrees to hold harmless and indemnify Courtney Jo Weaver, Broker/Auctioneer and representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the owner/seller for any remedy demanded. In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Courtney Jo Weaver, Broker/Auctioneer reserves the right to lower the starting bids, extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor Courtney Jo Weaver, Broker/Auctioneer SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Courtney Jo Weaver, Broker/Auctioneer.
SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES:
Any and all claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought in the appropriate court of Scott County, Mississippi, and shall be governed by the laws of the State of Mississippi; Owner/Seller and Bidder/Buyer each individually and collectively by virtue of participating in the Auction conducted by Courtney Jo Weaver, Broker/Auctioneer do hereby irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Scott County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Courtney Jo Weaver, Broker/Auctioneer regardless of the nature or location of the property sold/purchased or the physical location of the Auction.
BIDDER ACKNOWLEDGEMENT:
Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies and/or any servant, agent or employee of the same by bidder’s participation in this auction. Bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the owner/seller in this auction.
DISCLAIMER OF WARRANTIES:
There are no understandings, agreements, representations or warranties, express or implied not specified herein, respecting this contract or the item or property sold hereunder, including but not limited to the merchantability or fitness for a particular purpose.
BIDDER RESPONSIBILITIES:
Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site, you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auctioneer or appointed representatives may bid on auction for absentee bidders or at the direction of interested bidders.
GUARANTY AGREEMENT IN REGARD TO BIDDING FOR A BUSINESS ENTITY:
By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees earnest money payment to Courtney Jo Weaver, Broker/Auctioneer and completion of the transaction.
REASONABLE ACCOMMODATION:
Courtney Jo Weaver, Broker/Auctioneer as an equal opportunity employer and professional service provider and organization has no intention to discriminate on the basis of disability or other legally prohibited basis. Our decisions are made without regard to race, color, religion, sex, disability, sexual orientation, gender identity, national origin, veteran status, or genetic information. Accommodations are made in regard to hiring employees or assisting clients or customers in regard to our services unless the accommodation will impose an undue hardship. Requests for reasonable accommodations should be directed to Courtney Jo Weaver, Broker/Auctioneer. By bidding on any item, the bidder shows acceptance of the terms of the auction.
Announcements in the form of updated terms posted on the website will take precedence over any prior viewed terms at registrations, previously material or any other oral statements made. Please view the terms periodically for any changes. Thank you for your interest in this auction.
Courtney Jo Weaver, Broker/Auctioneer
601-564-8414