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AUCTION TERMS AND CONDITIONS

        

GENERAL TERMS OF SALE

1. GENERAL INFORMATION The placement of a successful bid at this auction establishes a legally binding contract between the successful bidder and the SELLER. The auctioneer's announcement of the high bid amount and the bidder's number establishes the contract, which is subject to final acceptance by the Seller. This contract is bound by these Terms and Conditions. The successful Bidder is legally bound to pay for property awarded in accordance with his/her bid. Claire Hunter Realty, Inc. is acting as the agent for the SELLER with respect to the sale of real property at this auction. Claire Hunter Realty, Inc., may videotape the auction and record sealed bids to assist in any future contract resolution actions 2. ELIGIBILITY OF BIDDERS The Bidder warrants that he/she is not: a) Under 18 years of age; b) An employee or agent of SELLER; c) An agent or immediate member of the household of SELLER.; d) An employee, contractor or subcontractor of Claire Hunter Realty, Inc, who has access to information concerning the property to be sold at auction that is not generally available to the public. 3. REGISTRATION OF BIDDERS Persons wishing to participate in the bidding process of the sale are required to obtain, fill out and deliver a bidder registration form during the registration process for the sale. Click here to view Bidder Registration Form. This form can be printed out and completed prior to the auction. You do not need to mail or fax the completed form, just bring it to the preview or auction to register. The form will also be available at the auction. In the event a person is bidding on behalf of another party, an original notarized Power of Attorney must be presented at the time of registration. Power of Attorney must include the buying party's social security number. An individual's signature on the bidder registration form is an acknowledgement of his/her full understanding of all terms and conditions and his/her agreement to be bound thereby. Thereby, bidders are cautioned to read all applicable terms and conditions contained in this document and the sales flyer before signing the Bidder registration card. Bidders must present a photo ID and evidence of earnest money deposit in the form of a cashier's check or certified check made out to Claire Hunter Realty Escrow as a prerequisite of registration. Each registered Bidder will be issued a Bidder number upon completion of the registration process. Each bidder is solely responsible for the use of his/her Bidder number and any use by another person is presumed to be with the consent of and contractually binding on the registered Bidder. The registrant agrees that, should the registrant be the successful Bidder of this property, the following information regarding the transaction shall be published on the Claire Hunter Realty, Inc. website: 1) The registered Bidder's name; 2) the property's address; 3) the purchase price of the property. 4. INSPECTION OF PROPERTY The Bidder is invited, urged, and cautioned to inspect the property prior to submitting a bid. Failure to inspect property shall not constitute cause for the cancellation of sale. Property will be available for inspection / open house at the times published by Claire Hunter realty, Inc. Other than the scheduled inspection / open house dates, absolutely no access to the property will be allowed without prior authorization by Claire Hunter Realty, Inc. At their own expense, potential bidders may have property inspectors examine the property during regularly scheduled inspection / open houses. 5. ORAL STATEMENTS AND MODIFICATIONS Changes may be made on the day of the sale, to the property status or descriptions in the sale flyer. These changes take precedence over previous sale flyer information pertinent to that property, but do not alter in any way, the basic terms and conditions of sale. Further, no interpretation of any provision of the sale contract, including applicable performance requirements, shall be binding on the SELLER unless furnished to and agreed upon by SELLER. 6. WITHDRAWAL / ADDITION OF A PROPERTY SELLER reserves the right to withdraw from sale the property listed in the sales flyer or to sell at the auction, property not listed. 7. REAL PROPERTY DESCRIPTIONS The Bidder understands and agrees that the property is offered, purchased and accepted by the BUYER in "AS IS" and "WITH ALL FAULTS". The SELLER and Claire Hunter Realty, Inc., make no warranties or guarantees whatsoever whether written, oral or implied as to quality, condition or habitability. All information contained in the sale flyer was derived from sources believed to be correct, but there is no guarantee. Buyer acknowledges that he / she relied entirely on his / her own, judgement and inspection of the property. If a legal misrepresentation is determined before the final closing on the property, the SELLER reserves the right to cancel the sale and refund any earnest / deposit money paid. Properties built prior to 1978 have been tested for lead-based paint. The Disclosure of Information on Lead-Based Paint and Lead Based Paint Hazards will be available, if appropriate, at scheduled viewing times. Due diligence information pertaining to the property offered for sale will be made available during the scheduled viewing(s). Buyer acknowledges responsibility for all costs associated with the abatement and remediation of any disclosed or potential hazards associated with the property. 8. PROPERTY FOR AUCTION AND SUBMISSION OF BIDS The auctioneer will offer each property in accordance with sales flyer sequence or by special announcement. Bidders will communicate their bids orally and by raising their number card, or by such other means as may be specified by the flyer or the auctioneer. Property will be sold to the highest bidder when the SELLER accepts the bid amount unless the bid or Bidder is rejected as provided herein. If the high bid does not exceed the SELLER's reserve price, and the SELLER does not waive or lower the reserve price, the auctioneer will close the bidding. The Bidder who placed the bid accepted by the SELLER, is legally bound to pay for property awarded to him / her in accordance with the successful bid. Payment of the full purchase price must be made within the time specified in the sales flyer / brochure. Once the auctioneer accepts a bid, a contract is established and that successful Bidder may not withdraw the bid. The auctioneer will not accept unilateral conditions asserted by any bidder. In the vent of a dispute as to a final bid amount, the SELLER reserves the right to review the video tape of the auction for clarification or to re-offer the property in question. Once the SELLER accepts a bid, a final written sales contract will be prepared to include the individual information of the high Bidder along with the accepted bid amount. A contract will also be established with the recognized back-up Bidder for execution if the high Bidder defaults for any reason or is rejected by the SELLER. 9. WRITTEN BIDS Written bids may be delivered by the Bidder or by registered mail, overnight delivery service or by agent of the Bidder. The written bid must comply with all requirements stated for a written bid in the sale flyer and must be accompanied by the Bidder's contact information or completed Bidder Registration Form, written bid amount clearly stated, a cashier's check (s) for each property, as appropriate. Written bids with all required documents must be received by the time specified. Claire Hunter Realty, Inc. and SELLER accept no responsibility for any carrier's failure to deliver written bids by the deadline. Written bids will not be disclosed prior to the auction. 10. ELECTRONIC BIDS At this time, there will be no electronic bidding. 11. COLLUSION Practices that eliminate competition, such as collusive bidding, may result in criminal, civil and / or administrative action against the participants. 12. CONSIDERATION OF BIDS The SELLER reserves the right to reject any and all bid, and to waive any technical defects in bids. Property is sold with a minimum reserve price unless the property is, in explicit terms, offered without a minimum reserve price. The minimum reserve price is not released to the public. If the minimum reserve price is not achieved, the SELLER may withdraw the property at any time before the sales contract is executed. 13. FORM OF PAYMENT Acceptable forms of payment are a cashier's or certified check made payable to Claire Hunter Realty Escrow. Personal or business checks, bank letters, or letters of credit are not acceptable. All cash payments of $10,000 or more will be reported to the IRS in accordance with 26 USC 6050 Section I (d). In order to comply with this requirement, Bidders must provide their Social Security Number at the time of Bidder Registration to facilitate the completion of IRS Form 8300. 14. FINANCING This is a cash sale. The buyer is responsible for obtaining his / her own financing arrangements as required. Claire Hunter Realty, Inc. does not provide financing for the purchase of any property offered under these terms and conditions. Bidders are strongly recommended to investigate and secure financing arrangements, if required, prior to attendance at a public offering. Failure to obtain financing during the closing process does not relieve the buyer of his/her legal responsibility and obligation for completion of the contract. Failure to comply with all provisions of the sales contract regarding closing may result in termination of the contract because of the buyer's default and may result in the forfeiture of any earnest / deposit funds. 15. DEPOSITS Deposits, as defined in the applicable sales flyer, will be made by the high Bidder immediately upon conclusion of the bidding process. In addition, the back-up Bidder will also make deposit as defined in the applicable sales flyer. If you are not the high Bidder or second high Bidder, we do not collect your deposit. 16. CLOSING In addition to the forms of payment listed in paragraph 13 above, bank wires can be used for final payments. All final payments must be made by the date specified in the sales flyer or the Bidder can be placed in default of the contract. 17. APPLICABLE TAXES Buyer is responsible for payment of any or all applicable taxes imposed by any state, county or political subdivision as specified in the flyer. 18. TITLE A Warranty Deed as specified at the time of sale will convey title to the property to the buyer at time of closing. SELLER will provide Title Insurance to the buyer at closing. 19. DEFAULTS Failure to make required deposit or final payments and / or comply with the time frames specified in the sales flyer shall be deemed default of the high Bidder and may result in cancellation of the contract and forfeiture of any rights, title, and interest the Buyer may have acquired. In that case, title of the property will remain with the SELLER and will result in the forfeiture of the deposit. If the default occurs because of failure to make the deposit required, the Buyer shall be liable to the SELLER for liquidated damages in the amount of the that deposit. 20. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS It is the Buyer's responsibility to ascertain and comply with all applicable Federal, state, local and multi-jurisdictional laws, ordinances and regulations pertaining to the registration, licensing, sale, use or disposal of the property purchased. Buyers of real property are not excused from any violation of such laws. Buyer must comply with all environmental restrictions or obligations that are incurred as a result of the purchase of real property. END AUCTION GENERAL TERMS OF SALE DOWNLOAD THIS DOCUMENT:Click Here AUCTION GENERAL TERMS OF SALE

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