Auction Terms & Conditions
Auction Information and Terms of Sale
Starting Times: Please be prompt as it will take only a few minutes to sell each property. There will be an explanation of how to bid at auction immediately preceding each sale. These properties will sell with reserve, that is, the seller reserves the right to accept or reject the high bid. All properties with reserve will be sold subject to seller confirmation.
Conditions: The seller will pay for and provide owner’s title insurance to the property (using seller’s escrow company). Seller shall pay all current ad valorem taxes (and condo fees, if applicable) assessed against the property up to the date of closing. Purchaser to pay all other closing costs. All buyers will be required to pay customary closing costs including, but not limited to, escrow fees, recording fees, normal prorations, title fees, new loan fees, document preparation fees, all documentary transfer taxes, and Homeowners Association Fees (if applicable). The information contained in this brochure is subject to inspection and verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the seller or its agents.
The auctioneer’s decision is final in the event of a dispute over any matter. If there is a tied bid, the auctioneer will re-open the bidding. The auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his clients, the sellers; and reserves the right to waive any previously announced requirements. Auctioneer reserves the right to deny any person admittance to the auction, to postpone or cancel the auction, or to change any terms of the auction upon announcement prior to, or during the sale. All announcements from the auction block will supersede any printed material or any other oral statements made previously. Properties may be withdrawn or this listing may be modified without notice at any time.
Bidder Registration and Deposits: The auction is open to the public. Although there is no obligation to bid, all prospective buyers must register for each property online and open an account with HiBid, in order to place a bid. 5% down day of auction, of which $2,000 of that amount is payable in cashier’s check made out to yourself, or cash. Balance of deposit may be paid with a personal check. (The minimum deposit is $2,000.) If you are the highest bidder, you will endorse the cashier’s check and turn it over to the escrow agent. If you are not the highest bidder, simply redeposit in your bank. Registration for the auction finalizes each bidder’s agreement to the ASI terms and conditions of sale. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, AND THESE AUCTION SERVICES INTL TERMS & CONDITIONS OF SALE.
Pre-Sale Inspection: Inspection dates and times are shown under each property listing. Inspection of any property is at prospective purchaser’s own risk.
A 5% BUYER’S PREMIUM (or $2,500, whichever is greater) will be added on to the high bid to form the contract price.
Closing: Balance of purchase price is due at closing within 30 days.
No Financing Contingency: All transactions are cash transactions and not contingent upon financing. Buyers should obtain their financing arrangements prior to the auction date as all earnest money deposits are non-refundable.
Contracts: Upon the fall of the hammer, the successful bidder will: a. Sign the seller’s unaltered Purchase and Sale Agreement. b. Pay the portion of the purchase price specified in the Purchase and Sale Agreement as the Earnest Money Deposit payable at the time of the execution by buyer. c. Comply with such other conditions of sale and contractual requirements as may be applicable. Upon execution by seller, the Purchase and Sale Agreement will supersede all printed matter and will serve as the governing document for the sale of each property.
Broker Participation: The following broker participation rules apply: a 2% commission will be paid to the licensed real estate broker whose prospect successfully closes on any of these auction properties. Agent must attend auction with prospect and should register prospect at the sale. No commission will be paid to any broker or agent (or spouse) that is participating in the purchase of property as a principal.
Agency Disclosure: Bidders acknowledge that ASI and listing real estate brokers including contact persons and all licensees employed by or associated with the auctioneers and listing real estate brokers are presumed to be representing the seller in the sale of these properties.
Open House Times: The properties will be open for preview on dates shown under property listing in this brochure. For appointment, call agent. For all vacant land, please drive by and inspect the property at your convenience. To arrange an appointment to see any property, call the realtor listed for each specific property.
Insurable Title: Each transaction is subject to the seller being able to convey insurable title to the property to the buyer as set forth in the Purchase and Sale Agreement.
Disclaimers: All information contained herein is believed to be correct to the best of the auctioneer’s knowledge. The information is being furnished to bidders for the bidder’s convenience and it is the responsibility of the bidder to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the recipient’s risk. Each bidder must conduct and rely solely upon its own investigation and inspection. The property is being sold “AS IS” with any and all faults. Buyer acknowledges and accepts the subject property in an “AS IS,” “WHERE IS” condition at the time of closing, including any hidden defects, known or unknown. Please seek appropriate assistance prior to attending and/or bidding at an auction.
Each winning bidder who becomes a party to a fully executed Purchase and Sale Agreement will be acquiring a property based solely on its independent investigation and inspection of the property, and not in reliance on any information, whether verbal or written, supplied or provided by the auctioneer, the sellers, or any of the seller’s or auctioneer’s employees or agents, officers, directors or contractors or participating brokers or showing brokers, whether contained in these terms of sale, any Property Information Package, or otherwise. Each prospective bidder must undertake and rely on his or her own investigation of the properties. Each prospective bidder represents, warrants and agrees that such bidder has examined each property and is familiar with its condition (or has waived such examination).
Neither any seller nor the auctioneer is obligated to investigate or verify, or make any representation or warranty as to the truth or completeness of any matter contained in these terms of sale or in any other statement or information provided by such seller or the auctioneer. Neither the auctioneer nor any seller, nor any affiliate, agent, officer, employee or representative of any of these parties, nor any participating broker or showing broker, has any liability for any oral or written representation, warranty, or other statement of any nature, expressed or implied, except that each seller is obligated for such representations and warranties as may be made by such seller in each contract executed by such seller, but only to the extent provided by applicable laws.
Neither the auctioneer nor the sellers shall be under any duty to disclose to any bidder (and shall have no liability for its respective failure to disclose to any bidder) any information known to either such auctioneer or such seller relating to any property. Neither any seller nor the auctioneer makes any representation or warranty, whether written, oral, expressed, or implied, concerning any property and each property is to be sold “as is, where is,” and with all faults, except each seller agrees to each representation and warranty made by it expressly in the Purchase and Sale Agreement executed by it. Each seller and the auctioneer disclaim all expressed and implied representations and warranties (except as provided above) including without limitation, representations and warranties as to: Lease information, zoning, title to any property; compliance of any property with applicable laws, ordinances, approvals, permits, orders, rules, regulations or requirements; the viability of any property for development or alteration or improvement; the existing or future use of any property or its fitness for any particular purpose or merchantability; the condition of any property; and the presence or absence of any hazardous or toxic materials or any other environmental matter. For the purpose of this “disclaimers” section, “property” includes any part thereof or interest therein.
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.