Auction Terms & Conditions
TERMS & CONDITIONS
ON-LINE-ONLY - Real Estate Auction
(3) parcels of undeveloped land
These Terms and Conditions constitute a CONTRACT between you, the Bidder, and us, the Auctioneer. Do not submit any bids unless you understand and agree to ALL of the terms of this contract.
1. All Bidders must be 18 years of age or older, and provide identification as verification upon request. All Bidders and others participating in this auction agree that they have read these terms and agree to be bound by and abide by these terms thereby. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and forever indemnify Auctioneer, its employees, agents, and assigns, from any liability and causes of action.
2. Schur Success Realty & Auction, LLC, shall be known as the "Auctioneer".
3. The property will be sold via "Online Only - Internet Auction" ending Wednesday, August 23, 2017, at 4:01 PM, Mountain Time.
4. To be approved as an online Bidder, a signed copy of these "terms and conditions" along with a signed Bidder's certification must be received and approved by the auction office. Bidders may be subject to a deposit in order to participate. The deposit is fully refundable to non-winning Bidders. Bidders must provide a photocopy of a valid state-issued identification.
5. This auction employs a "soft close", meaning that any bids received in the last five minutes of the auction will extend the auction another five minutes. This process will continue each time a new bid is received within the last five minutes of the auction, and will not close until no new bids have been received for more than five minutes. The Auctioneer reserves the right to extend or end bidding as is in the best interest of the Seller.
6. The Bidder is exclusively and solely responsible for any and all bids placed through their registered Bidder ID. Bidders must not share or disclose their passwords to anyone.
7. The property will be Sold Subject to Seller's Confirmation. The Seller reserves the right to reject any and all bids at any time prior to the auction closing.
8. Bidding increments shall be determined at the sole discretion of the Auctioneer, and will be posted on the bidding website.
9. The Seller has established a minimum or "reserve" price, which will not be disclosed. The Auctioneer reserves the right to bid on behalf of the Seller up to the amount of the reserve.
10. This property sells with no contingencies. The Bidder expressly agrees that the Bidder has inspected the property, is aware of the flaws if any, and is fully prepared to pay for this purchase in full at time of closing.
11. The sale shall not be contingent upon the sale of any other property, nor shall it be contingent upon financing in any manner.
12. Bidder assumes all liability for the inspection process, including releasing the Seller and the Auctioneer from any claim of injury or harm during the inspection.
13. A failure by the Bidder to inspect the property shall not be grounds to terminate or void any contracts.
14. This property sells "As-Is" with no warranties expressed or implied, unless specifically stated.
15. Property included in the sale is the real estate only, or as listed in the property description. Unless specifically listed, no personal property will transfer with the sale of the real property.
16. The auction is subject to prior sale (the property can be purchased prior to the end of the auction), without recourse to the Bidder.
17. The Seller reserves the right to cancel the auction at any time prior to the final bid closing
18. Buyers Premium:
A ten percent (10%) Buyer's premium will be added to the final, accepted bid and charged to the Buyer to determine the final sales price. For example, a top bid of $200,000, plus a 10% Buyer's premium of $20,000, will result in a sales price of $220,000.
19. Down payment
a. A down payment must be paid by the successful Bidder by direct wire transfer within 24 hours of acceptance of the auction contract by the Seller. The amount of this down payment (earnest money) shall be ten percent (10%) of the final sale price, which is the sum of the final accepted bid plus the Buyer's premium. In the example above, the down payment would be in the amount of $22,000. The actual down payment will be determined by your top bid plus 10%. The down payment will be payable to the title company.
b. The down payment deposit will be non-refundable; your bidding is not conditional upon financing, so be sure you are prepared to pay cash at closing or have arranged your financing prior to bidding. The balance of the purchase price including the Buyer's premium will be due via a wire transfer to the title company, on delivery of insurable title on or before closing.
20. A promissory note will be signed along with the down payment.
21. The property will be conveyed by a Warranty Deed
22. The Seller agrees to furnish Buyer(s) with a Title Insurance Policy at closing.
23. Real Estate Taxes: the taxes will be prorated to the day of closing.
a. Closing shall take place at the office of: Unified Title
b. Closing fees will be paid by the Buyer.
c. Closing will be held on or before September 29, 2017, 5:00 PM mountain.
d. Possession will be granted upon closing.
25. The successful Bidder shall execute a "Real Estate Auction Sales Contract" for the property immediately after being declared the Successful Bidder by the Auctioneer. Bidder acknowledges that he has read the Buyer's Real Estate Auction Sales Contract and agrees to abide by the terms of the contract.
26. Each potential Bidder is responsible for conducting at their own risk, their own independent inspections, investigations, and due diligence concerning the property. Persons attending the auction during preview or inspection period, the auction, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and release the Auctioneer and the Auction Firm from liability thereof. Neither the Auction Firm nor its principals shall be liable for any defect in or condition of premises on which the auction is held. The Auction Firm is acting solely as the agent for the Seller and is not responsible for any acts or omissions of its principals.
27. Bidders are encouraged to obtain their own property inspection at their own cost.
28. United Country - Schur Success Realty & Auction, LLC, and their representatives are exclusive agents of the Seller. There is no Buyer's agency. There is no duty from the Auctioneer to the Buyer.
29. All announcements made up to the final close of the Auction bidding take precedence over all advertising, oral and/or printed material.
30. All marketing information and Property Information Packet (PIP) materials were gathered from reliable sources and are believed to be correct as of the date they were published; however the Seller or Auctioneers have not independently verified this information. Auction plats and drawings are not to be relied on and are for representation purposes only. Their accuracy is not warranted in any way. There is no obligation on the part of the Seller or Auctioneer to update this information.
31. The Bidder waives any claims against the Auctioneer for a failure of the electronic bidding technology in any manner, including the failure of the system to accept or register a bid.
32. By registering for any auction, the Bidder agrees to be added to the Auctioneer's email list. If you choose to unsubscribe, please follow the link at the bottom of each email to update your notifications .
33. The Auctioneer records all live auctions via video, audio, still photography, or a combination of all three. The Bidder grants the Auctioneer permission to use these recordings and or images for any purpose.
34. On-Line Auctions
a. Neither the Auctioneer nor the Seller shall be responsible for any failure of any electronic or internet systems to accept or register a bid. Registered Bidders must create a password that prevents others from using their account. Bidders are responsible for ALL bids placed under their name and password. This is a Public Auction and as such, all qualified Bidders may bid, including Schur Success owners, family members and employees.
b. Online auctions use a "Dynamic" ending process. If a bid is received in the last few minutes before the scheduled closing of an item, the timer on that item will extend, and will continue to extend each time a bid is received. Once the bidding stops, and the timer runs out, that item will be eligible to close. In some cases, items are "linked", keeping one item open for bidding when a different item in the auction has been extended due to active bidding.
c. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor of all items. Auctioneer may attempt to describe the property in advertising, on the internet and at the auction but makes no representations. In no event shall Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Auctioneer does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidders shall be the sole judges of value.
d. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. Even though an item may display as "sold" on the internet, no sales are final until they are certified by the Auctioneer and the Bidder receives an invoice. Auctioneer reserves the right to cancel any or all sales and resell the items in whatever manner he or she chooses. Bidding increments are automatically adjusted based on the chart provided for each auction, and are subject to change at the sole discretion of Schur Success. Bids cannot and will not be removed or altered, unless in the opinion of the Auctioneer, the Bidder can establish that the bid was an obvious typographical error .
VIEWING INSTRUCTIONS: By appointment only. Contact the Auctioneer for details.
For questions call Richard D. Schur, at (866) 290-2243, ext. 2.
This is NOT a contract to purchase, but rather an acknowledgement of the terms and conditions to bid.
Bidders will be provided with an acknowledgement form that must returned, signed, prior to reciving bid permission.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.