Past Auction
Online-Only Auction
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Bidding Notice:
Online Bidding only
Auction Information
Name | 1633 Dyar Dr Altoona Al |
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Auctioneer |
Sold Sold Sold Auctions
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Type | Online-Only Auction |
Date(s) | 7/23/2024 - 8/15/2024 |
Auction Date/Time Info |
Online Only
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Preview Date/Time | Aug 11 2-4 open house |
Checkout Date/Time | 10% due day after the auction and remaining 30 days afterwards |
Location |
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Buyer Premium | 10 % BP will be added to Winning Bid |
Description |
21 +/- Acres plus 2 bedroom and 1 bath home.
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Terms and Conditions
10% Buyers Premium
Please Read and Understand all Terms and Conditions prior to bidding.
Viewing the property is by Appointment Only!
OPEN HOUSE Saturday 2-4 PM Aug 11
10% of high bid in form of a cashier's check due within 24 hours of the closing day/time of the online Auction. This down payment is non-refundable unless the Seller cannot close the deal.
Soldx3 Auctions represents the seller only during the process as seller's agent.
Bidder understands that the overlay and acreage amounts are estimates the Real Estate is being sold from the Tax Parcel Map and Description.
The seller has the right to accept or deny final auction prices as this auction is contingent on seller's confirmation.
Contract is not contingent on ability to obtain financing.
Property is sold As-Is, Inspections up til auction is welcome.
Property can be shown by appointment. 256-506-6926
Bidders are responsible for their own due diligence.
Property is sold AS-IS, Where-is with no warranties guaranteed or implied.
This property must meet the reserve in order to sell at auction. The auction company has permission to bid on behalf on the seller up to, but not higher than the reserve.
Tax lines have been over-laid over some of the images and are not a replacement of a survey by a license surveying company. All facts and measurements should be verified by the purchaser prior to bidding and the sale is not contingent on accuracy.
Purchaser is responsible for all closing cost with the exception of deed prep, seller's prorated taxes, and seller's real estate commission.
Closing to take place on or before Sept 19, 2024, or within 10 days of court approval, whichever is latter, with attorney at David Jones office Guntersville, Alabama. All Down Payment money will be deposited with them.
All sales are final and purchaser understands a final inspection is not required prior to closing. All due diligence must be done prior to the close of the auction.
The auction company represents only the Seller in the transaction.
The undersigned seller, herein (the "Seller") and Purchaser, herein (the "Purchaser") hereby agree as follows:
1. The Property: Seller agrees to sell and Purchaser agrees to purchase the following real estate referred to as: 1633 Dyar Dr Boaz Al
2. The Price: The total purchase price is amount bid plus 10% buyers premium to make the final sales price and shall be payable at closing in cash, certified funds or equivalent good funds acceptable to the Closing/Escrow Agent.
3. The Title: The Seller shall convey the Property by Warranty Deed, free and clear of all liens and encumbrance, except as set forth in paragraph 13 of this Agreement. If title insurance is desired or required, it shall be at the Purchaser's expense.
4. The Survey: The Property has not been surveyed for this auction and is being sold from the County Records. Properties sold by sales map is for illustration purposes only. County maps measurements and boundaries are approximate and subject to change. Survey will be done after the auction unless op out has been done by the purchaser due to buying the entire amount of land within one of the three current parcels If the survey shows a great or lesser number of acres than depicted on the county map, the purchase price will be adjusted.
5. Closing: This purchase and sale transaction shall be closed on/or before Sept 19, 2024 by 5:00Pm, or within 10 days of court approval whichever is latter, or a date mutually agreed upon by the Seller and Purchaser in writing, herein (the "Closing Date"). Buyer agrees to pay all closing except for taxes due on the property at time of closing and deed preparation.
6. Defaults: Purchaser shall have the right to damages, including reasonable attorney's fees in the event Seller neglects or refuses to perform Seller's obligations hereunder. Purchaser and Seller agree that based upon circumstances now existing, known and unknown, it would be impractical or extremely difficult to establish Seller's damages by reason of Purchaser's default under this contract. Accordingly, Purchaser and Seller agree that in the event of a default by Purchaser under this contract, it would be reasonable to such time to award Seller "liquidated damages" equal to the amount represented by the earnest money deposit, herein (the Deposit") then held by the Closing/Escrow Agent. At its option, Seller shall have the additional right to receive a equitable relief, including without limitation, and alternative right to enforce specific performance of this Agreement, and the right to receive payment of reasonable attorney's fees and expenses incurred in pursuit of such relief.
7. Earnest Money: Purchaser has delivered to Seller in the amount 10% of the final bid . Purchaser's Deposit check payable to closing Attorney shall apply same on account of the cash portion of the price if Purchaser performs Purchaser's obligations hereunder, or (ii) shall refund same to Purchaser if Seller fails or refuses to perform Seller's obligations hereunder, or (iii) shall pay all of the Deposit then held by it over to Seller if Purchaser fails or refuses to perform Purchaser's Obligations hereunder.
8. Prorations: Prorations and adjustments shall be made at closing as follows: ad valorem taxes shall be prorated to the date of closing on the basis of the latest available information, and assumed by Purchaser. These taxes are subject to readjustment and re-proration when the actual tax bills are received or the actual tax amounts for the year of closing become known. Purchaser shall be responsible for all special assessments, if any, against the property falling due after the date of closing.
9. Brokerage: Each party represents and warrants that no real estate broker or salesman has been involved in this transaction except Soldx3 Auctions ("Auction Company"), Nathaniel Frederick ("Auctioneer"), and if applicable: ________________________________________ ("Participating Broker"). The commission as stated in a separate agreement between the Seller, and Auction Company as well as any addendums thereto, if applicable, shall be paid before any part of the sale proceeds are disbursed to any other person or entity. The parties agree that all deposits and purchase funds shall be paid to the Closing/Escrow Agent for its proper disbursement. If the Purchaser defaults in closing this Agreement, the Purchaser's Deposit will be forfeited as liquidated damages and will be disbursed by the Closing/Escrow Agent in accordance to a separate agreement between the Seller, and Auction Company. If Seller seeks and obtains a judgement for specific performance of any sales agreement and/or damages in respect thereof, Auction Company shall be paid the full amount of its commission due in respect thereof.
10. Closing Documents: (a) To perform its closing obligations hereunder, Seller shall execute and deliver, in form for recording, said Warranty Deed, and do and perform all other acts and things that are required hereby, and do and perform all other acts and things as shall be required by the Closing/Escrow Agent to perform its closing obligations hereunder, (b) Purchaser shall execute all documents to do and perform all other acts and things that are required hereby, and do and perform on its closing statement to Purchaser and Seller the price, all prorations, etc., as herein provided for and contemplated, and (ii) to its issuing to Seller of its check representing the net proceeds of the sale due to Seller.
11. Closing Cost Shall Be Paid as Follows: Seller will pay for deed preparation and prorated taxes. Buyer will pay for all other closing cost. See attachment of closing cost estimates.
12. Possession: Possession shall be on closing and funding.
13. Approvals: The property is selling subject to approval of local authorities, if any approval is necessary.
14. Property Condition: The property is selling subject to any existing right-of-way, easement, encroachments, restrictive covenants, prior reservation of record, zoning regulations, governmental agency regulations, environmental conditions, leases, CRP contracts, adverse possession, restrictions and sewer assessments. This property is selling in "AS IS, WHERE IS" condition, without warranty or representation, either statutory or otherwise, expressed or implied.
15. Non-assignability by Purchaser: Purchaser's interest in this Agreement may not be transferred or assigned, in whole or in part, without the prior written consent of Seller.
16. Risk of Loss: Risk of condemnation or other casualty loss shall remain with Seller until closing, and if any condemnation or unrepaired fire or other casualty damage occurs, the Purchaser shall have the option of (i) closing without diminution of the price upon taking assignments from Seller (which Seller covenants to make) of all condemnation awards and/or other casualty insurance claims, or (ii) of releasing Seller hereunder and having the return of the Deposit paid by Purchaser on account hereof.
17. Notices: Notice required or permitted hereby shall be in writing, mailed postage prepaid by certified or registered mail, return receipt requested, to the Seller, Purchaser and Auction Company, at their respective addresses as set forth below, or to such other address designated by either party by notice to that effect.
18. Entire Agreement: This Agreement represents the entire and final agreement between the parties, superseding and canceling all prior oral and written communications and agreement between them, their agents and representatives, and this agreement may not be subsequently changed or amended except in writing and signed by the parties.
19. Disclaimer as To Auction Company and Auctioneer: Purchaser shall look only to Seller as to all matters regarding this Agreement and the Property. Sold Sold Sold Auctions ("Auction Company") and Nathaniel Frederick ("Auctioneer") shall not be responsible or liable in any way if Seller fails or refuses to or cannot close title hereunder, or if the Property is affected in any way or is in need of attention or repairs, is contaminated by hazardous materials or is in any other way unsatisfactory to Purchaser as Purchaser may determine before or after closing.
20. Auction Company and Auctioneer Notice of Agency Relationship: Purchaser acknowledges that the Auction Company and Auctioneer are acting as agents for the Seller in this transaction and are to be paid a commission by the Seller pursuant to a separate written agreement between Seller and Auction Company. The Purchaser further acknowledges that neither the Auction Company, Auctioneer, nor any of their agents or representatives are acting in any way as an agent for the Purchaser in this transaction. Any third party broker is not a subagent of the Auction Company.
21. Statute of Limitations: Any action or suit of any kind must be commenced within one (1) year from the date when the cause of action or suit accrued or it will be forever barred. The right of action or suit will accrue, and the one (1) year limitation period will begin to run on the date the breach, damage, or injury is sustained and not when the resulting cost, damage, harm, or loss is discovered.
22. Arbitrations of Disputes: By signing this Agreement you are agreeing that any action, claim, controversy, counterclaim, dispute, or proceeding arising out of Property Issues and involving the Seller, Buyer, Auctioneer, and Auction Company, is any combination, whether controlled by federal or state law, shall be determined and resolved exclusively by final and binding arbitration, with no appeal permitted, except to provide by appliable law for the judicial review or enforcement of arbitration decisions. The parties further agree to have any disputes resolved sold and exclusively by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
23. Choice of Law, Jurisdiction, and Venue: Any Auction matter shall be exclusively construed and governed in accordance with the law of the State of Alabama without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the parties shall be in the county of the originating Auction site.
PURCHASER REPRESENTS AND WARRANTS THAT PURCHASER AND PURCHASER'S EXPERTS HAVE THOROUGHLY AND CAREFULLY INSPECTED THE PROPERTY AND AGREE TO PURCHASE SAME "AS IS, WHERE IS', "WITH ALL FAULTS, IF ANY".
This serves as a release for final walk through of the property if the purchaser chooses not to visit the property prior to closing. The property is sold AS-IS.
Real Estate Brokerage Services Disclosure
Alabama law requires you, the consumer, to be informed about the types of services which real estate licensees may perform. The purpose of this disclosure is to give you a summary of these services.
A SINGLE AGENT is a licensee who represents only one party in the sale. That is, a single agent represents his or her client. The client may be either the seller or the buyer. A single agent must be completely loyal and faithful to the client.
A SUBAGENT is another agent/licensee who also represents only one party in a sale. A subagent helps the agent represent the same client. The client may be either the seller or the buyer. A subagent must also be completely loyal and faithful to the client.
A LIMITED CONSENSUAL DUAL AGENT is a licensee for both the buyer and the seller. This maybe only be done with the written, informed consent of all parties. This type of agent must also be loyal and faithful to the client, except where the duties owed to the client's conflict with one another.
A TRANSACTION BROKER assists one or more parties, who are customers, in a sale. Al transaction broker is not an agent and does not perform the same services as an agent.
Alabama law imposes the following obligations on all real estate licensee to all parties, no matter their relationship:
1. To provide services honestly and in good faith;
2. To exercise reasonable care and skill;
3. To keep confidential any information gained in confidence, unless disclosure is required by law or duty to a client, the information becomes public knowledge or disclosure is authorized in writing.
4. Present all offers promptly to the seller;
5. Answer you questions completely and accurately.
Further, even if you are working with a licensee who is not your agent, there are many things the licensee may do to assist you, the customer. Some examples are:
1. Provide information about the properties;
2. Show properties;
3. Assist in making a written offer;
4. Provide information on financing.
You should choose which type of services you want from a licensee, and sign a brokerage service agreement. If you do not sign an agreement, by law the licensee working with you is a transaction broker. The licensee's broker is required by law to have on file an office policy describing the company's brokerage service. You should feel free to ask any questions you have.
The Alabama Real Estate Commission requires the real estate licensee to sign, date, and provide you a copy of this form.
Bid Increments
Your bid must adhere to the bid increment schedule.
Bid Amount | Bid Increment |
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0.00 - 74,999.00 | 25,000.00 USD |
74,999.01 - 99,999.00 | 10,000.00 USD |
99,999.01 - 129,999.00 | 5,000.00 USD |
129,999.01 - 149,999.00 | 2,500.00 USD |
149,999.01 - 300,000.00 | 1,000.00 USD |
300,000.01 - 9,999,999.99 | 10,000.00 USD |
Payment Information
Currency | USD |
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Buyer Premium | 10 % BP will be added to Winning Bid |
Payment Terms |
10% Non-Refundable down payment due the day after the auction. Remainer is due within 30 days.
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Shipping / Pick Up
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