BY PLACING BIDS AND PRESSING THE BID AMOUNT, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS:
All Sellers are responsible for protecting their items.
ALL SALES ARE FINAL
EVERYTHING IS SOLD AS IS
NO GUARANTEES OF OPERABILITY
NO WARRANTIES, EXPRESSED OR IMPLIED
BUYERS ARE TO RELY SOLELY ON THEIR OWN INSPECTION AND INFORMATION
NO REFUNDS
All New Products May Have Stock Photos and May Be In A Box or Un-Assembled!
All bidders are responsible to know what item they are bidding on. There are no chargebacks on credit card purchases. All items are to be inspected personally by the bidder and you have the option of having equipmentcheck.com hired to inspect the items prior to the auction. **ALL SALES ARE FINAL AND EVERYTHING IS SOLD AS-IS, WHERE IS, WITH NO WARRANTIES!
The winning bidder of any item ENTERS INTO A BINDING CONTRACT and is expected to pay for all "won" items, even if the bidding was done in error.
Everything MUST be PAID IN FULL on the day of the auction or payment discussed with the front desk, before removing any items!
**CAC reserves the right to withhold items until checks have cleared**
Items must be picked up by Friday, December 22nd at 5pm or your items will be forfeited with no refunds!
**All online bidders CANNOT pick-up until Monday morning after the auction, due to having to download all online bids once the auction has concluded! **
Buyers Premiums:
10% per item for all items won(No Cash Discount!)
REAL ESTATE AUCTION TERMS AND CONDITIONS
All bidders must register acknowledging that they have read and agree to these "Terms and Conditions" of the sale as outlined prior to bidding. It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Registration at the auction finalizes each bidder's agreement to the terms and conditions of the sale. Do not bid until you have read the terms and conditions. Bidders may register online to bid on the specific property in question. There is no fee to register although a valid credit card will be required to verify identity and funds. By bidding you are representing to Clark Auction Company, LLC ("Agent" and/or "Auctioneer") and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures.
Auctioneer's Note: Clark Auction Company, LLC, in conjunction with United Country Real Estate, has been contracted to sell real property for Deep Roots Decor and More/Larry Cathey.
Property Description:
Live Auction Date: Saturday, December 16, 2023
Sale Time: 10:00 A.M.
REAL ESTATE: 12:00 P.M. - NOON
Inspection/Preview: Property will be available for preview on Friday, December 15, 2023, from 9am-5pm and Saturday, December 16, 2023, from 8am until sale time.
Buyer's Premium: There is 2% buyer's premium on the real estate for Live Bidders and a 5% buyer's premium for online bidders at this sale for real estate ONLY!
Announcements: All announcements made the day of auction take precedence over any and all previously written advertisements or any prior written or verbal terms of sale. Seller reserves the right to withdraw property from auction at any time.
Earnest Money: Upon the completion of the live auction the winning bidder will immediately make an
non-refundable earnest money down payment of 10% of the "Contract Price". The earnest money will be made in the
form of a personal or cashier's check payable to selected Title Company. The remainder of the purchase
price is due upon closing. BIDDING IS NOT CONTINGENT UPON FINANCING.
Documentation: Upon the completion of the live auction the winning bidder will sign a contract and any
supporting documents once Auctioneer/Broker receives Sellers bid approval.
Completion of Purchase Documentation for Real Estate: If the winning bidder is a live bidder, all
required purchase documentation will be signed by the winning bidder immediately following the auction.
If the winning bidder is an online, absentee or phone bidder, the Auctioneer or Title Company shall contact
approved buyer, within 24 hours immediately following the close of the auction. Buyer shall have two (2)
days following the auction to return all completed Texas Association of Realtors (TAR) documents or shall
be subject to paying a liquidated damages amount equal to the down payment. If you wish to have the
purchase documents reviewed by an attorney, please contact Auctioneer PRIOR to the Auction and we
will provide them to you for review to not delay the post auction process.
Bidding Process: No bid may be withdrawn by a bidder once made to the Auctioneer. All bids are an
irrevocable offer to buy and shall remain valid and enforceable to until the Auctioneers declares the
property "sold" and the auction has concluded. The Auctioneer reserves the right, but has no obligation,
to bid on behalf of the seller. The seller has the right to accept or reject all bids. The Auctioneer will call
the sale and control any increments of bidding. The bidder's number is nontransferable.
Acceptance of Bid Price: Seller has the right to accept and reject any and all bids or counter the high
bid of the property. The Seller is responsible to honor their bid until the seller rejects the high bid in
writing. Auction Company will make every effort to receive full acceptance upon the final bid at the live
auction.
Real Estate Taxes and Assessments: Property taxes for 2024 will be prorated to the date of closing.
The buyer will be responsible for any "rollback" property taxes. The buyer(s) will be responsible for all
taxes imposed after the execution of the General Warranty Deed.
Closing: Will take place on or before January 31, 2024, at the selected Title Company or as soon as
applicable closing documents, and due diligence has been completed.
Possession: Buyer will take full possession upon closing and funding. Early possession will not be
granted prior to closing.
Title: A General Warranty Deed shall be executed by the Seller conveying the real estate to the buyer(s).
Seller shall furnish to Buyer at Seller's expense an owner policy of title insurance. Title will be issued by
the selected title company in the amount of the sales price.
Easements and Leases: Buyer understands that the sale of the property is subject to all leases and
easements that are recorded.
Property Dwelling Type: Commercial Manufacturing/Retail
Sewer and Water: This property is on city water. The cost of connecting water service is the sole
responsibility of the buyer.
Survey: A Survey is the responsibility of the buyer if one is needed. The advertised legal description including
but not limited to acreage, square footages, and any other measurements are approximate and have
been assessed based on Appraisal District records, aerial photos, or other reliable sources. Information
supplied by Auctioneer should not be deemed reliable and prospective buyer should verify all legal
descriptions and boundary lines.
Information of Brokerage Agency: Clark Auction Company, LLC, in conjunction with United Country Real Estate and auction/realty personnel are exclusive agents of the seller. An Information about Brokerage Services (IABS) form (TREC No. OP-K) is supplied in this PIP package. Texas Law requires all real estate licensees to supply this form to all prospective buyers, tenants, sellers and landlords.
Broker Registration: There is NO Buyer Representation Fee to be paid!
Breach or Failure to Close (Default): If any conditions contained herein are not complied with by the
buyer, or the buyer fails to close in accordance with the Real Estate Contract of Purchase, the earnest
money deposit will be forfeited as liquidated damages. However, such forfeiture shall not preclude Clark Auction Company, LLC, United Country Real Estate or the seller from enforcing additional remedies available as detailed in the Real Estate Contract of Purchase.
Environmental Disclaimer: The seller and Clark Auction Company, LLC,United Country Real Estate, agents, contractors, employees, affiliates and assigns do not warrant or covenant with buyers with respect to the existence or nonexistence of any pollutants, contaminants, mold, or hazardous waste prohibited by federal, state, or local law or claims based thereon arising out of the actual or threatened discharge, release, disposal, seepage, migration or escape of such substances at, from or into the demised premises. Buyer is to rely upon their own environmental audit or examination of the premises.
Disclaimer: Information supplied in this property information package (PIP) and all supplied
material is subject to the terms and conditions in this agreement. The property described in this
(PIP) is being offered to the highest bidder "AS IS", "Where IS" and no warranty or guaranty is
expressed or implied, concerning the property made by the Seller, Auction Company or broker.
Each potential buyer is encouraged to perform his/her own independent inspections, inquiries and due diligence concerning the described property (at buyer's expense). 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. Buyer agrees to accept property with its current zoning, easements, and any and all right-of-ways that carry with it. All information is taken from sources deemed to be accurate and reliable, all measurements are approximate and not to scale. The seller and the auctioneers, Clark Auction Company, LLC,United Country Real Estate, contractors, employees, firm, brokers, affiliates or assigns assume no liability in this matter. Any and all announcements made the day of auction take precedence over any and all previously written advertisements or any prior written or verbal terms of sale but shall in no event form the basis of any representation or warranty by seller or auctioneers. Auctioneer has a right to accept or reject all bids. The Seller and Auction Company reserve the right to prohibit any person from bidding not in good standing with Auction Company and or Broker. In case of a tie or disputed bid, the Auctioneer reserves the right to re-open the bidding to determine the highest bid and settle the disputed bid. This is at the sole discretion of the Auctioneer. All decisions made by Auctioneer and/or Broker are final.
Indemnification of Agent and Closer: Buyer jointly and agrees to indemnify and hold closer and agent, their agents, principals, associates, affiliates, assigns and employees harmless against any and all losses, claims, damages or liabilities and expenses not resulting from agent or closer's bad faith or gross negligence, including costs of investigation, attorney fees, and disbursements, which may be imposed upon or incurred by agent or closer hereunder relative to the performance of their duties related to the parties or the property, including without limitation any litigation arising from or in respect of this contract or the transactions contemplated hereby. Closer and agent shall not be liable for any error of judgment or for any act done or omitted by them in good faith. Closer and agent are authorized to act on any document believed by them in good faith to be executed by the proper party or parties and will incur no liability in so acting. Closer and agent are in all respects and for all purposes third party beneficiaries of this contract to the extent that this contract would entitle them to rights or benefits if they were signatory parties hereto, and each of them is entitled to enforce such rights and benefits, as herein provided, to the same extent they would be entitled if they were such signatory parties. ANY INDEMNIFICATION, DEFENSE OR HOLD HARMLESS OBLIGATION OF BUYER FOR THE BENEFIT OF SELLER, CLOSER, OR AGENT IN THIS CONTRACT SHALL SURVIVE THE CLOSING AND/OR TERMINATION OF THIS CONTRACT.
Corrections or Amendments: Any corrections and or amendments will be posted to the Auctioneers
Website at www.cacwaco.com prior to the live auction. Prospective buyer(s) will be solely responsible for reviewing any and all possible updated material.
Items must be picked up by Friday, December 22nd at 5pm or your items will be forfeited with no refunds! Items must be paid for by the following Tuesday or are subject to a $25 per day late fee.
We will prosecute any unresolved returned checks.
$75 returned check fee applies.
Clark Auction Company, LLC is not responsible or liable for accidents or theft. Every effort is made to protect items after the bidding has ended, however, it is recommended that winning bidders guard their items at their own discretion.
Check www.cacwaco.com for up-to-date auction schedule information!
Robert W. Clark Lic#12497
CAC, LLC is licensed and regulated by the Texas Department of Licensing and Regulations. Compliments or complaints may be submitted to PO Box 12157 Austin, Texas 78711, (800) 803-9202
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