Registration on the Williams & Williams Marketing Services, Inc. site confirms your
agreement to the Williams & Williams Terms & Conditions of Use and the Confidentiality
Agreement. Submission of your bid confirms Your agreement to these Terms & Conditions
of Auction and the terms of the Contract for Sale of Real Estate at Auction and
its Addenda (collectively, the "Contract") which are hereby incorporated by reference
into your bidding. DO NOT PLACE A BID unless you have registered, and have read
and agreed to be bound by these Terms & Conditions of Auction and the Contract as
they are enforceable against You upon becoming a high bidder. All auctions are conducted
by Williams & Williams Marketing Services, Inc. (hereinafter as, "Williams & Williams,"
"Auctioneer," or "Broker"). The terms "You," "Your," "Bidder," and "Buyer" shall
refer to the person or entity placing a bid at the auction governed by these Terms
& Conditions of Auction.
All properties are sold "AS IS, WHERE IS" with no financing, inspection or other
contingencies to sale. Williams & Williams represents the Sellers only and
does not inspect properties on Bidder's behalf. Read the Contract and Property details
to determine the existence of any disclosures, deed restrictions, exclusions, representations
and disclaimers. Do not bid if you have not inspected the Property(s) and completed
your own due diligence. By bidding you agree to all terms and disclosures.
All Properties will be conveyed with a deed restriction prohibiting "flipping"
the property within ninety (90) days of Closing. The conveyance deed will contain
the following language: "GRANTEE HEREIN SHALL BE PROHIBITED FROM CONVEYING CAPTIONED
PROPERTY FOR A SALES PRICE OF GREATER THAN (120% of Purchase Price) FOR A PERIOD
OF 3 MONTH(S) FROM THE DATE OF THIS DEED."
A Buyer's Premium of 5% ($1,500 minimum may apply – see Contract for details) will
be added to Your high bid and included in the total purchase price.
Your inspection of the Property(ies) is at your own risk. Auctioneer/Broker
and Seller, their agents and employees, expressly disclaim any "invitee" relationship
and shall not be liable to any person for damage to their person or property while
in, on or about these properties, nor shall they be liable for any defects, dangers
or conditions on the property(ies). All persons enter the property(ies) at their
own risk and shall defend, indemnify, and save harmless Williams & Williams, Seller,
and their respective agents and employees, from any and all liability attendant
thereto.
All bids are subject to seller approval. All offers will be submitted individually
for a specific Property, without contingency or condition relating to the acceptance
or rejection of bids for other properties. Most offers are approved within 14 days.
Buyers are not allowed possession until Closing and filing of the deed, at which
time the property should be re-keyed. If for any reason the court or Seller approval
is not granted, the Down Payment shall be returned in its entirety to the high bidder.
Williams & Williams, and the Seller expressly disclaim any liability for errors,
omissions or changes regarding any information provided for these sales. Bidders
are strongly urged to rely solely upon their own inspections and opinions in preparing
to purchase a Property and are expressly advised not to rely on any representations
made by the Seller or their agents and employees. Property information may change
without notice and potential purchasers should investigate all data fully before
relying upon it.
Buyers receive a deed and insurable title to each property, as evidenced
by the Title Insurance offered by the Closer indicated in the Contract. Current
year's property taxes are pro-rated through day of closing as customary. Any manufactured
housing not already considered attached to the real estate will be conveyed only
with a hold harmless agreement or quit claim Bill of Sale unless otherwise noted.
Each high bidder must make a 5% non-refundable deposit per Property ($2,500
MINIMUM - whichever is greater) immediately upon execution of the Contract for Sale.
Cash, cashier's checks, and personal checks (electronically processed) are accepted.
If You are a resident / citizen of a country outside of the US, certified funds
(bank check, wire transfer, certified checks) are required for the down payment
and closing. The balance of the purchase price and all closing costs are due at
closing. Closing costs generally total approximately $1,200 and include title exam,
closing fee, filing costs and any other fees noted. If for any reason Seller does
not perform or accept the terms of the Contract, the sole remedy shall be the return
of Buyer's deposit.
The Auctioneer has the right at his or her absolute and sole discretion to: (i)
refuse any bid, to advance the bidding in such a manner as he or she may decide;
(ii) withdraw a Property from auction; (iii) determine the successful bidder in
the case of an error or dispute (whether during or after the auction); (iv) determine
the successful bidder; (v) continue the bidding; and (vi) cancel the sale or reoffer
and resell the item in dispute. The Auctioneer is the sole arbiter and controller
of the conduct of the auction platform and shall be the final and absolute authority
without liability to any party. Any property may be withdrawn by Seller, or Williams
& Williams at any time before the sale or closing without any liability therefore.
Disclosures ?Buyer acknowledges that seller will re-key the exterior doors
to the property prior to closing and funding at the Buyer's expense, to be paid
at closing.
Regardless of local custom, the Buyer understands and agrees that the Seller will
pay for the owner's title policy and lender's title policy (if any) and that the
Buyer will pay all other closing/transfer costs including survey, escrow, all closing
fees, and all realty transfer taxes.
Buyer acknowledges that conveyance of Property may be subject to city/county inspections.
Buyer agrees to comply with all requirements necessary to complete, including, but
not limited to, obtaining the necessary permits and making arrangements to correct
any noted city/county violations at Buyers expense. Buyer accepts all responsibility
for any remediation, fees, or terms required by the authority thereof.
Personal Property Not Included. Only title to the real estate is being conveyed.
Personal property may be present, but is not included in the auction. Removal or
disposal of personal property remaining on site at the time of closing is the responsibility
of the Buyer.
Buyer understands that Seller may be entertaining multiple offers. Seller will accept
or provide a counter offer ONLY to the offer that the Seller (in the Seller’s sole
discretion) determines to be the "best" offer.