Auction Terms & Conditions Auction Terms & Conditions Real estate auctions will require payment of 10% of the final sales price (including the buyers premium) on the day of the auction close and the remainder paid within 30 days. Possession of the property will happen 45 days after closing. The office trailer will be transferred by a bill of sale instead of a title. Changes may be made by the auctioneer to the terms and conditions until the closing of the auction and will take precedence over any printed or advertised material(s). Please review the terms and conditions each time you use this site.
DISPUTES: Any dispute(s) between Creative Realty & Auction Company (the auctioneer), its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Knox County, Kentucky. By bidding on the property, buyer agrees to all terms and conditions. Buyer and or Bidder agrees to hold harmless and indemnify Creative Realty & Auction Company, and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
PAYMENT: Cash, Cashier's Check, Personal/Business Check or wire transfer. All fees incurred by wire transfers will be paid by the purchaser. All winning bids must be paid for in U.S. dollars. All sales are final. Bidder agrees that there will be no refunds or adjustments for any reason(s). Out of State Bidders Must Pay in Cash, Cashier Check or Card on file. All payments must be made in person to the auctioneer on pickup days.
BUYER'S PREMIUM: There will be a 10% Buyer’s Premium on all items. The sum of the winning bid plus the Buyer’s Premium will be the sales price.
PROPERTY TAXES: The 2022 property taxes will be paid by the buyer.
SALES TAX: Kentucky Sales Tax ( 6% ) will be added to all taxable items sold. Anyone that is Exempt from paying sales tax must provide proper documentation to Creative Realty & Auction Company before bidding.
CLOSING DATE(S) AND TIMES: The auction will have 'STAGGERED CLOSING' times. Bidding will close for the first lot number at the specified date and time. The rest of the lots will close one at a time in numerical order after an amount of time that is set by the auctioneer. The auction will also have 'SOFT CLOSING' of lots. (i.e. if a bid occurs within the last 2 minutes of the auction, the closing time for that lot will be extended by an additional 2 minutes until no bids occur within the last 2 minutes). For example: If a lot is scheduled to close at 5:00 pm, but someone makes a bid at 4:59 pm, the closing of that lot will be changed to 5:01 pm. The bidding will close if there are no more bids between 4:59 pm and 5:01 pm. The closing time for each lot will continue to be extended by 2 minutes until no bids occur in the last 2 minutes.
MINIMUM BID INCREMENTS: 'Minimum Bid Increments' are the minimum amount of money that anyone can increase the current winning bid. These amounts change by the dollar amount bid. Please see the Bid Increments schedule within each auction. BIDS: The auction will use a maximum bidding system. This makes bidding more convenient and less time consuming. Your account will bid for you using the 'minimum bid increment' until it reaches your maximum bid. You don't have to bid again every time someone outbids you until the current winning bid is above your 'Max Bid'. For example: You place a bid on an auction item which has a current high bid of $10 by entering the maximum amount you're willing to pay for the item (New Max Bid = $20). Your account will place a bid of $12 on your behalf ($10 current winning bid + $2 minumum bid increment). Then, someone else bids $14. Your account will automatically bid $16 on your behalf. Your account will continue to bid for you (using the minimum bid increments) until you reach your 'New Max Bid = $20'. When the current winning bid is more than your 'Max Bid', your account will not bid again for you (i.e. If someone else bids $22). You can change your New Max Bid until the auction closes. The seller and other bidders cannot see your New Max Bid. Please verify your bid before placing it. Placed bids can not be withdrawn after being submitted.
INSPECTION and GUARANTEE: Property is available for inspection during dates and times set by the auctioneer. It is the bidder's responsibility to determine the useability or condition of auction items. All property is sold in “AS IS” and “WHERE IS” condition. The lot description information and photographs are reliable to the best of the auctioneer's knowledge, but they are not guaranteed. There are no warranties or guarantees of any kind. Auctioneer reserves the right to add, delete, or modify any item, lot, photograph or description in the auction until the close of the auction. All announcements day of sale take precedence over any printed materials.
PICK UP AND SHIPPING: All items must be picked up by the date(s) and time(s) stated in each auction. No shipping or loading assistance will be available. Removal of items from the auction location(s) are the sole responsibility of the buyer. Any items not removed from the auction location(s) will, at the auctioneer's discretion, become the property of the auctioneer. There will be NO REFUNDS or adjustments given for these forfeited item(s).
TECHNICAL ISSUES: Bidder agrees that neither the auctioneer nor the seller are liable for any technical issues that may occur. In the event there are technical difficulties related to the server, software or any other online auction related technologies, Creative Realty & Auction Company reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the servers, the software the internet connections nor the auctioneer SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE
FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Bidding Approval: Out of State or new bidders may be asked for pre-approval before bids are accepted. Creative Realty and auction reserve the right to deny any and all bids.
ADVERTISING DISCLAIMER: Although every precaution has been taken to ensure accuracy, Creative Realty and Auction the advertising coordinator and all their agents shall not be responsible for any errors or omissions therein. Any misrepresentation is not deliberate and therefore Creative Realty and Auction is not responsible. Vehicle history and title authenticity and previous known condition have been ascertained based on available information. Therefore, Creative Realty and Auction cannot guarantee history or title authenticity, applicability, condition, or absence of liens or miss printed titles. Creative Realty Auction is not the Guarantor of titles or hitory. None of the Previous history given is based or Carfax, or Autocheck reports, nor will any current omissions be submitted. Vehicle classifications are based upon in person knowledge with no previous information to go by. Mileage is based upon physical observation of the odometer in vehicle and is not reflective of Title or Reports. Branded titles are Reflected to the best of Creative Realty and auction knowledge. The winning bidder is responsible for confirming with their county that branded titles are transferable in their Region, in the scenario they are not accepted the won items cannot be returned. A copy of the title attached is available upon request if the lot states as such to check transferability. The estate has 30 days from closing to provide titles/bill of sale to bidder.
WARRANTY DISCLAIMER: All vehicles are being sold "As Is, Where Is, and Any Hidden Defects of Any Nature" are not covered under any type of warranty. All vehicles are sold without any warranties as to merchantability of fitness for a particular purpose. The principal, the auctioneer, the advertising coordinator, and any of their agents make no express or implied warranties of any type. Bidder acknowledges, understands, and agrees that the auction company and the seller make no warranty whatsoever, expressed or implied regarding the quality, characteristics, performance, or condition of the vehicle. The price of the vehicle is negotiated by online auction bidding with no warranty. Bidder is responsible for any and all costs of repairs upon taking possession of vehicle.
PURCHASER/WINNING BIDDER: The registered bidders name and address will be the name and address on the vehicle title/registration and or bill of sale, therefore, do not purchase a vehicle for someone else. The registered bidder must be present to sign paperwork. All bids placed online are legal binding contracts and it is the bidder's responsibility to familiarize themselves with the terms and conditions prior to placing a bid. When placing a bid, you are entering a LEGAL BINDING CONTRACT to purchase the vehicle, deliver payment and take possession of the vehicle within the specified time period. All vehicles must be paid in full before any can be removed from the auction site. Winning bidder has 24hrs to pay in full for items won. If Bidder does not setup or make payment withing time frame the won item. The next highest bidder will then have the option to purchase at their previous high bid plus set buyer premium
REMOVAL OF WON ITEMS: Creative Realty and auction is not responsible for removing or loading won items i.e. automobiles, trailers, or equipment. Creative Realty and Auction is not held responsible for any damage done during removal or loading during pick up day. It is the sole responsibility of the bidder to bring means necessary to remove and load vehicles. Many of the vehicles in this sale are not in running order or do not have keys. Please be mindful of the lot description and arrive prepared to physically or mechanically move vehicles that can not do so under their own power. Creative Realty Auction does not gurantee the driveability, road worthiness or safety of any and all vehicles.
TAXES: Vehicles with Title attached will not be charged sales tax. The title will be signed over to the winning bidder on account. Vehicles taxable by state will have a bill of sale provided
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