EXHIBIT A: TERMS & CONDITIONS
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING.
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID. BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEMS(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
1. Conditions of Sale: This auction is selling subject to the owner’s confirmation and is a cash sale not contingent on or subject to financing, appraisal, survey, or inspections of any kind, as agreed to by bidders at registration prior to bidding and specified in the Agreement to Purchase Real Estate. Buyer acknowledges they are buying property “as-is”, “where-is”, without inspections or contingencies. Buyer(s) will rely on his/her own judgment and inspection. All successful bidders will be required to enter into a purchase agreement at the auction site immediately following the close of the auction. By signing an offer, Buyer(s) will be waiving the 10-day lead based paint test. Everyone must register for a bidder number. The owner does warrant that they have good merchantable title to the real estate and that they will convey the same with an appropriate deed, free from all encumbrances, liens or judgments at the time of closing. Subject to local county and state laws, ordinances and regulations; also selling to all easements of record. Seller is placing no restrictions on the property.
2. Closing Info: A 10% (non-refundable) down payment is required on the day of auction with the balance in cash at closing. The down payment may be made in the form of cash, cashier’s check, personal check, or corporate check. The entirety of the remaining balance is due at closing on or before Thirty (30) days from Auction Day. Purchaser will be responsible for all wire transfers. Buyer(s) shall pay all costs of closing with exception of deed preparation paid by Seller. Real estate taxes will be prorated to the day of closing. See individual auction listing regarding possession after closing.
3. Lead Based Paint Disclosure: Not applicable.
4. Liquidated Damages: If your closing is delayed for any reason, by you, as purchaser, or other parties working on your behalf, including any lender you involve, you may be declared in breach of this contract, forfeit all deposits made and could additionally be liable for any and all costs incurred by Seller and Beckort Auctions, LLC incurred in a subsequent resale of the property. If such action occurs, Beckort Auctions LLC hereby has the right to disperse the deposit as stated in the listing agreement and the buyer has no claims to such money or property being sold. Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost and additional cost of auction as not defined in this agreement. These liquidated damages do not restrict the seller from suing the buyer for performance damages and/or any additional damages the seller suffers by the default of the buyer.
5. Other Conditions: Buyer(s) must be prepared to make a cash offer. There are no contingencies to this sale (i.e., financing, appraisal, repairs, or inspections). Therefore, you should be pre-qualified by a lender prior to bidding if you require financing. This property is being sold for cash “as-is, where-is” with a closing deadline.
Beckort Auctions, LLC reserves the right to remove or cancel the bids and or bidding rights and privileges of any party at any time deemed not to be in the best interest of the seller. The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Beckort Auctions LLC will reject the registration, and bidding activity will be terminated.
6. Real Estate Brokerage Services Disclosure: Beckort Auctions LLC and their representatives are Exclusive Agents of the Seller(s). We do not represent the buyer(s) in any manner and we must be completely loyal and faithful to our client. Beckort Auctions LLC has an exclusive right to sell listing for this transaction. All negotiations must be conducted through Beckort Auctions LLC.
Properly registered Broker/Agents are eligible for a commission of one percent (1%) of the client’s initial bid and one percent (1%) of the difference between the initial bid and the accepted winning bid for the real estate. You must pre-register your Buyers with Beckort Auctions, LLC twenty-four (24) hours before the end of the auction by filling out and recording with Beckort Auctions a Broker Registration Form. Agents who fail to pre-register their Buyer will not be recognized as Buyer Agents and will not be entitled to a co-op commission. Broker/Agent cannot act as a Buyer and Broker/Agent on the same transaction. Please review the Broker Registration form for eligibility.
7. Beckort Auctions LLC Involvement in this Contract: The seller and buyer hereby agree that Beckort Auctions LLC is a part of this contract and shall receive compensation as stated in the agreement hereto or as stated in the listing agreement hereby made a part of.
8. Restrictions: Real Estate is sold subject to any and all existing matter of record, and all easements, building use or zoning laws and regulations.
9. Additional Auction Information: All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the seller or the auctioneers. No liability for the accuracy errors, or omissions in the brochure is assumed by the seller or the auction company. All sketches and dimensions in the brochure are approximate. Personal on-site inspection of all property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, right-of-ways, or any other information that can be obtained as public record in the appropriate county court house concerning subject properties.
10. Bidder Verification: Bidding rights are provisional, and if identity verification is questionable, Beckort Auctions has the right to reject the registration, and bidding activity will be terminated. The Seller and Beckort Auctions reserve the right to preclude any person from bidding if there is any question as to the person’s credentials. Conduct of the auction and increments of bidding are at the direction and discretion of the auctioneer. All decisions of the auctioneer are final.
YOUR BID ON THIS AUCTION INDICATES BOTH AN UNDERSTANDING AND AN ACCEPTANCE OF THE TERMS OF THIS CONTRACTUAL AGREEMENT BETWEEN YOURSELF AND BOTH THE SELLER AND BECKORT AUCTIONS AND THAT YOU, AS THE BIDDER, ARE PREPARED TO PURCHASE THE PROPERTY UNDER THE TERMS AND CONDITIONS OF THIS AUCTION.
REVISED 02/12/2019
BECKORT AUCTIONS, LLC - 117 E. CHESTNUT STREET - CORYDON, IN 47112 - 812-738-9476 - WWW.BECKORTAUCTIONS.COM
