Special Terms
1- Postage for real estate auctions- all costs to ship, prepare or copy documents will be charged to the winning bidder, and must be paid for by the credit card on file with Proxibid. If you have important questions, please feel free to call us at (760)610-4175.
1a- The winning bidder agrees to pay all closing costs, transfer fees, document fees and any other costs or fees associated with the auction transaction in full, as this is non-negotiable. This also includes retrofit costs, or any additional costs to bring the property in-compliance with any & all city, county, state or federal code, AS THIS PROPERTY IS BEING SOLD AS-IS/WHERE-IS, WITH NO WARRANTY & NO CONTINGENCIES.
2- This is a public auction and is conducted by a licensed auction company. There will be a 11.75% Buyer’s premium added to your invoice, unless otherwise stated on Proxibid catalog page. The auctioneer will open bidding at a reasonable price or the pre-bid amount on each lot,and may set bidding increments as he/she deems necessary. The auctioneer’s decisions are final. No lots will be broken.
3- Lots will be sold to the highest bidder.Absentee bids will be treated as limits, if applicable. GWS Auctions, LLC reserves the right to refuse any bid, for any reason at anytime. We reserve the right to pull any items at anytime from our auction. We reserve the right to retract bids as we feel fit. We may not honor bids on items that are selling for a fraction of their actual value.
4- Wording, which is subjective, and other adjectival descriptions are the opinion of the Auction House. No warranty is expressed, implied or provided, since these opinions can and do vary among individuals. No lots may be returned by bidders.
4a- All "Estimated Values" provided are based on prices for comparable real estate in the pertinent market.
5- All Sales Are Final. ALL LOTS ARE AS-IS/WHERE-IS/WITH NO WARRANTY OR CONTINGENCIES.
5a-It is the sole responsibility of the bidder to inspect the property prior to auction, and arrange and pay for any inspections that they may deem necessary. These inspections will have to be done at the bidder's expense on advertised preview days.
6- All sales are strictly in U.S. dollars.
7- All payments are to be made in full as soon as the hammer falls. NO EXCEPTIONS. If we have not received payment in 48 hours of the auction. If the winning bidder does not pay, the deposit is absorbed by GWS Auctions, LLC-IT WILL NOT BE REFUNDED.
8- Bids on behalf of corporations must be personally guaranteed by one or more of it's officers. Any credit card payment made by a corporation is subject to a 4.25% charge. Each bidder is responsible for his/her bids, and cannot act for a third party.
9- Bidder agrees to indemnify and hold Auctioneer harmless from any claim, loss or damage as a result of the auction, and to bear the risk of any loss or damage to any property included in said auction.
10-The buyer is responsible for attorney, other judicial fees, and expenses involved in collection of outstanding invoices.
10a- MEDIATION: Bidder and Auctioneer agree to mediate any dispute or claim they may have concerning the enforcement of this agreement. The mediation shall be held in Palm Desert, California or any other location agreed upon in writing by the parties to the mediation with the mediator selected by agreement of the parties. If the parties cannot agree upon a mediator, each party shall select an independent mediator and those mediators shall select a mediator of the dispute. Should any party fail to mediate their dispute prior to turning to litigation, that party shall lose its right to attorneys’ fees as stated below even if determined to be the prevailing party.
10b- GOVERNING LAW: Bidder and Auctioneer agree that the exclusive course of action in any dispute or litigation concerning the enforcement of this agreement shall be held in the Indio Branch of the Riverside County Superior Court, State of California applying applicable California law.
10c- ATTORNEYS’ FEES: In the event of any dispute concerning the enforcement of this agreement, including an action for declaratory relief, the prevailing party in that dispute shall be entitled to their reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.
11- If you are the winning bidder, you must pay for the item, no exceptions. If you need immediate assistance please call our auction house at: 760-610-4175, if you wait until the auction is over to report a problem with a bid that resulted in a win, and do not pay, you will forfeit your deposit, subject to the 11.75% buyer's premium. NO EXCEPTIONS.
12- Please note: Bidding in this auction, whether in person or on the internet, constitutes full acceptance by the bidder of the foregoing terms of sale.
13- Winning Bidder AGREES to use West Coast Escrow In Palm Desert, CA for closing on said property.
13a- There is an additional 1.5% Broker's Fee that will be added to your Final Invoice for the cost of executing the closing paperwork and settlement statements.
14- All terms and conditions are strictly enforced, with no exceptions. We have a "you win, you buy" policy. Please be advised that there is a 11.75% BUYER'S premium, and only wire transfer made directly to the escrow company will be accepted to pay for the property.