A 15% buyer's premium will be added to the high dollar bid.
Residents of California may not bid on firearms in this auction.
Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. United Country Rogers Auctioneers, Inc. shall endeavor to describe in detail each item and any pertinent information about it.
United Country Rogers Auctioneers, Inc. will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
United Country Rogers Auctioneers, Inc. is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against (your company name) or anyone else if the Internet service fails to work correctly before or during the live auction. United Country Rogers Auctioneers, Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. United Country Rogers Auctioneers, Inc. reserves the right to withdraw or re-catalog items in this auction.
In the event of a dispute over any matter at the Auction, the Auctioneer shall make the sole and final decision and will have the right either to accept or reject the final bid or re-open the bidding. Auctioneer and Seller reserve the right to remove any person or party from the auction including, but not limited to, a registered bidder or broker.
DISCLAIMER: All information deemed reliable but not guaranteed and should be independently verified. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) nor United Country Real Estate shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless.
PROPERTY INSPECTION: Preview of the properties is essential. Properties are being sold in ï¿½as is, where isï¿½ condition. Properties will be sold subject to easements, restrictions, zoning and other matters of record.
CONDUCT OF AUCTION: Conduct of auction and increments of bidding are at the discretion of United Country - Rogers Auctioneers, Inc. United Country - Rogers Auctioneers, Inc. reserves the right to deny any person admittance to the auction.
By registering, Bidder acknowledges receipt of the Terms of Auction and access to the Sale Contract and unconditionally and irrevocably agrees to be bound by both.
INTERNET BIDS: Internet bids will be accepted through Proxibid.com. Bidders on the internet must comply with all requirements as outlined by Proxibid, and are bound by the Auction Terms and Conditions. The auctioneer reserves the right to cancel the use of internet bidding at any time prior to the auction.
ACCEPTANCE OF BID PRICES: Successful bidder(s) will sign a Contract for Sale of Real Estate immediately following the auction. The seller reserves the right to accept or reject any and all bids.
DISCLAIMER AND ABSENCE OF WARRANTIES: THIS PROPERTY IS BEING SOLD ON AN ï¿½AS IS, WHERE ISï¿½ BASIS, and no warranty or representation, either express or implied, concerning the property is made by either the seller or the auction company. Each bidder is responsible for conducting his own independent inspections,
investigations, and all due diligence concerning the property, improvements, and the auction. Information contained in the brochure is deemed reliable, but not guaranteed, and is subject to verification by all parties relying on it. Diagrams and dimensions in the brochure are approximate. All information contained in the brochure and any related materials are subject to the terms and conditions of sale outlined in the Agreement for Sale of Real Estate. Auction conduct and bidding increments are at the direction and discretion of the auctioneer. All decisions of the auctioneer are final. The seller and the auction company reserve the right to preclude anyone from bidding if there is a question as to the personï¿½s credentials, fitness, intent, etc.
ANNOUNCEMENTS MADE BY THE AUCTIONEER AT THE TIME OF SALE WILL TAKE PRECEDENCE OVER ANY PREVIOUSLY PRINTED MATERIAL OR ANY OTHER ORAL STATEMENTS MADE.
AGENCY DISCLOSURE: DISCLAIMER: All information deemed reliable but not guaranteed and should be independently verified. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) nor United Country Real Estate shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless.
CLOSING: The balance of purchase price due at closing by appointed Closing Agent, within 30 days. Cost of survey, title, insurance, termite certificates, if required or requested, and purchaserï¿½s customary closing fees to be paid by the purchaser to the appointed closing agent. Taxes and rents will be pro-rated to Act of Sale date. Insurable title will be conveyed to purchaser by cash sale without warranty.
FINANCING: Purchasers to obtain their own financing if required. Purchase Agreements are not subject to financing or qualification. Potential buyers should have prior auction knowledge as to whether they can or cannot secure the required amount of funds to pay for said property if and when they become the high bidder, buyer.
DEFAULT: If the purchaser fails to comply with any of these Auction Terms & Conditions, the sale shall be canceled, and the seller may, at its option retain the earnest money deposit as liquidated damages. If any sale is so canceled prior to the completion of the Auction, the property may, at the Auctioneer's discretion, be re-offered and resold.
REPRESENTATIONS: Neither Seller nor Auctioneer makes any representations or warranties of the accuracy or completeness of any information provided. Each prospective purchaser must conduct and rely solely upon their own investigation of the properties. Each bidder shall be deemed to represent, warrant and agree that:
(a) Such bidder has examined the property on which he or she intends to bid, is familiar with the physical condition thereof and has conducted such investigation of the property as such bidder has considered appropriate, or has waived investigation of the property. Bidders are invited to perform any tests, inspections, or Due Diligence at their expense and at their own risk prior to the auction. There is no inspection period after the auction bidding.
(b) Neither Auctioneer nor Sellers, nor any affiliate, agent, officer, employee or representative of any of the foregoing has made any verbal or written representations, warranties, promises or guarantees whatsoever to such bidder, express or implied, with respect to the physical condition, operation, or any other matter or thing affecting or related to the property or the offering of sale of the property, Property being sold ï¿½As is ï¿½ Where isï¿½, with all faults, if any.
(c) Such bidder has not relied upon any representations, warranties, guaranties or promises or upon any statements made or any information provided concerning the property, including but not limited to the Brochures or Property Information Packages provided by the Auctioneer or the Sellers or their respective agents and representatives, and
(d) Has determined to make its bid after having made and relied solely on its own independent investigation, inspection, analysis, appraisal and evaluation of the property and the facts and circumstances related thereto.
(e) Buyer has received a 10 - calendar day opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead based hazards on residential properties built prior to 1978. Buyer has received the pamphlet "Protect Your Family from Lead in Your Home." Buyer has waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead based paint hazards.
Without limiting the generality of the foregoing, neither Auctioneer, Agents nor the Sellers shall be under any obligation to disclose to any bidder, and shall have no liability for its failure to disclose to any bidder, any information known to it relating to any property.
All bidders will be bound by announcements made at the auction, even though a bidder may not have actually heard the announcement.
In the event this property is being offered at public auction with a reserve price, neither Auctioneer, Agents nor the Sellers shall disclose the minimum reserve price. As agents of the seller we have a fiduciary responsibility to ï¿½notï¿½ disclose the reserve price. Buyer/Bidders hereby agree Auctioneer can and may bid on the sellers behalf until the reserve price is met.
When a property is being offered with a ï¿½reserve price,ï¿½ Auctioneer ï¿½ Brokerï¿½ , has entered into an agreement to sell with the understanding that we will sell to any person or company willing to bid a fair, reasonable and equitable price and shall become the successful winning bidder/buyer at this public auction. When conducting "reserve' auctions, buyer, bidders hereby understand, accept and agree the auctioneer reserves the right to bid on the sellers behalf until the reserve price is met.
When more than one like kind property is available and the one unit is ï¿½Soldï¿½, at an acceptable price, then the same high bidder, buyer can and will have the option of taking ï¿½anotherï¿½ like kind property or ï¿½allï¿½ like kind properties at the same price as the first purchased.
Your placing a bid upon said properties at this auction sale shall be deemed a guarantee you have read, understand and agree to all wording of this set of terms and conditions of this public real estate auction.
Buyer # ________ Signed: ________________________________________(Seal) Date ________________, 2008