Online Real Estate Auction Terms:
Internet Real Estate Buyer’s Premium: 6%
1. Immediately following the auction please contact our office at 1-877-907-3000 to coordinate transmission of contract documents and down payment.
2. A down payment in the amount of 10% of your purchase price up to a maximum down payment of $15,000.00 is due NO LATER THAN MONDAY, JANUARY 16, 2023 BY 5PM (CST). Internet buyers may hand-deliver down payment funds on auction day or wire transfer funds on the following Monday.
3. Your down payment check WILL BE DEPOSITED IN ESCROW and will be applied to the purchase price at closing. Down payments are non-refundable and failure to close on the purchase will result in forfeiture of the down payment. The balance of purchase price is due in cash at closing. Closing costs will be shared equally between Buyer(s) and Seller.
4. The sale of the real estate is NOT subject to any contingencies or financing.
5. The Seller shall provide a title search and a Warranty Deed. The cost of title insurance shall be at Buyer’s expense if Buyer elects to secure a title insurance policy. Preparation of an abstract is not required.
6. The Seller shall pay the 2022 and all prior year’s real estate taxes; real estate taxes for 2023 shall be paid by buyer (Not Prorata. Due to Date of Sale)
7. No survey will be conducted. Existing legal descriptions will be satisfactory to transfer the deed.
8. Possession shall not be granted until closing. No Buyer may inhabit the dwelling, make physical changes to any structure or land, nor store any additional items on the premises. Closing shall take place at Polk County Title Co. in Bolivar, MO on or before Tuesday, March 28, 2023
9. The sale of the property does not include items that are portable in nature or items that have been specifically advertised separately from the property. This includes but is not limited to: industrial machinery, large tools and equipment and other items specifically advertised separately from the property.
10. Your bids are to be based solely upon your inspection. All real estate is being sold “as-is” without physical warranty of any kind. The Seller and the agents of Diamond S Auction & Real Estate Co. shall not assume any responsibility for warranty of any specific zoning classifications, location of utilities, assurance of building permits, water or septic permits. In short, all property is being sold “AS IS” with no guarantees of any kind.
11. All real estate is being sold subject to any existing recorded easements.
12. At the close of the auction, Buyer(s) will be required to execute an Agreement to Purchase Real Estate and Addendum(s). This agreement is available for your review. The terms of this agreement and addendum(s) are non-negotiable.
13. Diamond S Auction & Real Estate Company, Inc. and its representatives are the exclusive agents of the Seller.
Non-Real Estate Online Auction Terms
Payment Instructions
Currency Type: U.S. Dollars
Internet Buyer's Premium: 10%- Capped at $1000 Per Lot
Payment Options: Cash, Visa/MasterCard & Bank Wire Transfer (A $25.00 bank fee applies to wire transfers)
Cash: If you intend to hand-deliver cash to our office in Bolivar, MO please call us at 1-877-907-3000 and advise us of your intent to do so.
Wire Transfers: Wire transfers must be received by 4:00PM CST on Tues. Feb. 14, 2022. A $25.00 bank fee will be added to all wire transfers. Please call our office at 1-877-907-3000 for wiring instructions & routing numbers.
Credit/Debit Card: Unless other payment arrangements have been made, (Cash or Wire Transfer) all purchases will be charged to your card on file including the buyer’s premium.
Everything is sold "as is-where is" and all sales are final. Bidder hereby waives their right to initiate a charge-back on his/her credit card for any reason. Your invoice will be billed to your credit card following the auction unless other arrangements are made. Any bidder who fails to comply with these terms will be subject to collections from an independent company along with any penalties and fees associated with the service.
Important Details
NO SHIPPING PROVIDED! ONSITE PICK-UP ONLY! All shipping and logistics shall be the buyer’s responsibility. Purchased items must be removed from the auction premises within two weeks after the auction. Failure of a buyer to pick-up items in a timely manner may result in forfeiture of the property!
All items are sold "as is, where is" and all sales are final. Announcements made the day of sale take precedence over any printed matter.
The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes.
Descriptions and condition reports are based on a visual inspection of the item. We have made no examination of any internal mechanical workings or mechanisms. Every attempt has been made to accurately describe and/or provide adequate photos to accurately represent each item being sold. However, it is solely the bidder's responsibility to establish the accuracy of the description and determine each item's origin, authenticity, operability and condition.
All photographs are of actual items being sold. Due to limited lighting in the facility and the complexity of modern electronics and digital photography it is often impossible to get an exact and consistent reproduction of color. Therefore, the only flawless manner to assess the condition and detail of any graphic is by personally viewing the subject property. The auction company will not be responsible for any variation between the catalog image and the actual piece.
Lots may be sold "Times the Money." In the event that a typographical error affects the purchase price concerning quantity, the photograph of the item tag showing the quantity will be used to determine the quantity multiplier.
Bidders are encouraged to bid ONLY after they are completely satisfied as to origin, authenticity and condition. Questions regarding any item being sold should be directed to the auction staff at least 48 hours prior to the auction. All property is sold “AS IS”, and ALL SALES ARE FINAL. All descriptions provided are for informational purposes only and should not be interpreted as creating any representation of a guarantee or warranty. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. The bidder shall be the sole judge of value.
The internet simulcast will be administrated by the online auction program. Diamond S Auction Co. shall not be responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid.
The "max bid" amount entered by an online bidder may be recognized on-site by the auctioneer causing the lot to sell to an onsite bidder for the online bidders "max bid."
Diamond S Auction is providing internet pre-auction and live bidding as a service to the bidder. All bidders shall acknowledge and understand that this internet service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Diamond S Auction or anyone else if the internet service fails to work correctly before or during the live auction. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins.
YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONESELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS.
Shipping
NO SHIPPING PROVIDED! ONSITE PICK-UP ONLY! All shipping and logistics shall be the buyer’s responsibility. Purchased items must be removed from the auction premises within two weeks after the auction. Failure of a buyer to pick-up items in a timely manner may result in forfeiture of the property!