Terms of Sale:
Thank you for participating in Williams & Williams’ Online Auctions. It is important that you familiarize yourself with these Terms & Conditions of Sale, the contract for sale, and all disclosures and disclaimers as all sales are final and irrevocable. By bidding you are representing to Williams & Williams ("Broker" and/or "Auctioneer") and the seller that you have read and agree to be bound by these Terms & Conditions of Sale, the contract for sale and all addenda and disclosures thereto. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. Registration at the auction (online and/or in person) finalizes each Bidder's agreement to the Terms & Conditions of Sale and the Contract and its addenda and disclosures which are incorporated by reference into these Terms & Conditions of Sale, your registration, and your bidding. In order to bid on the auction items, all Bidders must be signed up as Members of williamsauction.com and register to bid on the specific property in question. Good luck and good bidding.
THE SALE WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. Williams & Williams is not responsible for malfunctions or system errors which cause a bid or Bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down properties or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding and to accept or reject any or all bids. Absentee bids may be accepted at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any property at any time.
Certified Funds Requirement: Buyer will be required to tender a 5% (minimum $2500.00) down payment via wire transfer or certified check within 24 hours of notification of Seller acceptance of bid.
ALL AUCTIONS ARE SUBJECT TO COURT OR SELLER APPROVAL. Most sales are approved within 14 days. Bidders are not allowed possession until filing of the deed, at which time the property should be re-keyed. "Showing" requests from Bidders after the auction may not be able to be accommodated. Once the seller approves the Sale, the deposit will be credited to the purchase price identified in the Contract for Sale. The balance of the purchase price and all closing costs are due at closing. Deposits will not be forwarded to any title company, or other party, for closing until Auctioneer's bank has confirmed that the funds have “cleared”.
AS-IS, WHERE-IS DISCLOSURE. All properties are sold "AS IS, WHERE IS and WITH ALL FAULTS" with no financing, inspection or other contingencies to sale. Auctioneer represents the seller only and does not inspect properties on Bidder's behalf. Bidders must conduct their own due diligence and investigation of each property and must also investigate the suitability of each parcel prior to making a bid at the auction. Bidders must rely solely upon their own investigation and not any information provided by the seller or Auctioneer. Failure of a Bidder to be fully informed on the condition of a property will not constitute grounds for any claim adjustment or right to cancel sale.
AUCTION PROCESS. Bidding starts at the nominal Opening Bid(s) indicated and is open to all who registered and are approved. The Auctioneer will call the sale and control any increments of bidding. The bidding will continue for a period of two (2) days for each property. The auction ends at a predetermined time with an Overtime Period if necessary, which is defined as follows: if a bid is placed within three (3) minutes of the close of bidding, then another three (3) minute period commences from the time of the last bid until no bids are placed within the next three (3) minutes. The last bid shall be made final. Immediately following the close of the auction, Auctioneer shall contact Bidder by electronic mail, telephone or facsimile to provide documents for execution. All purchase documents will be provided to the Bidder and Bidder will be required to sign and return all purchase documents to Auctioneer.
FORFEITURE OF DOWN PAYMENT. Bidder shall have one business (1) day following the auction to return all completed documents, via overnight mail or electronic signature or shall be subject to paying a liquidated damages amount equal to the down payment. If you wish to have the purchase documents reviewed by an attorney, please contact Auctioneer PRIOR to the Auction and we will provide them to you for review so as to not delay the post auction process. If Bidder is a winning Bidder and refuses or fails to complete the transaction for ANY reason (including, but not limited to, remitting the total purchase amount), Buyer shall relinquish ANY right to complete the transaction and shall have no rights or interest in the property, as well as forfeit all deposit monies as liquidated damages to seller. PLEASE BE ADVISED: Various state or federal statutes give seller the right to pursue legal action against Bidders who refuse to complete transactions. This may include (but is not limited to) suit to compel completion of the sale, and/or criminal charges of fraud or other intentional act.
DISCLAIMERS. All the information contained on this property was obtained from official county maps or other sources deemed reliable, but is not guaranteed and may be in error. Seller DOES NOT WARRANT the accuracy thereof. Seller has made no independent investigation of any information provided, and assumes no responsibility for the providing of or absence of any information, whatsoever, or for the accuracy thereof.
NOTICE: Institutional and Fiduciary Sellers (courts, government agencies, banks and trustees) have not occupied the properties and have NO information to provide for disclosure. Properties are sold 'As Is - Where Is' and should be fully inspected prior to bidding on.
SELLER AND AUCTION COMPANY HAVE NO KNOWLEDGE OF THE SUBJECT PROPERTY OR ITS FIXTURES OR CONDITION AND ARE NOT RESPONSIBLE FOR SUCH.
YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE'S SELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE SELLER AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS.