Auction Terms and Conditions
PLEASE READ AND REVIEW THESE TERMS THOROUGHLY PRIOR TO BIDDING.
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE PROPERTY UNDER THE FOLLOWING TERMS AND CONDITIONS.
GENERAL TERMS AND CONDITIONS: This auction is not contingent on or subject to financing, appraisal, survey or inspections of any kind. All property sells as is, where is, with all faults, in its current and present condition. Due diligence is the responsibility of the bidder/buyer. Seller reserves the right to add or delete property, reject any bid unless selling Absolute, accept an offer prior to auction and/or cancel the sale. Announcements made prior to the auction will take precedence over any other previous written or verbal communication. Information is subject to change.
REGISTRATION: In order to better serve our customers, all bidders must provide their name, address, daytime phone number and email address at which they can be contacted. This is to ensure good communication between Kimsey Realty & Auction and the bidder throughout any transactions. For online bidding, we require you to register with a credit/debit card. The card information is kept confidential and is not automatically charged when you're a successful bidder. The card is for verification purposes only to ensure we have serious bidders. Kimsey Realty & Auction reserves the right to preclude any person from bidding if there is any question as to the persons credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account.
TERMS FOR LIVE AUCTION: Successful bidder shall sign a purchase agreement and submit a 10% deposit on sale day by cash, a good company or personal check, cashier's check or wire transfer. The balance is due at closing in 30 days. Seller only reserves the right to extend closing for an additional 30 days if necessary. A copy of the purchase contract may be reviewed prior to bidding by contacting the auction company.
TERMS FOR ONLINE AUCTION: Online registration will need to be completed. 10% deposit is required within 24 hours or the next immediate business day by cash, a good company or personal check, cashiers check or wire transfer. The balance is due at closing in thirty (30) days. Seller only reserves the right to extend closing for an additional thirty (30) days if necessary. The successful online bidder will be notified immediately following the closing of the auction and issued the purchase contract. The executed contract shall be submitted per the instructions received with the contract. If you have any questions call 828-524-3500. A copy of the purchase agreement may be reviewed prior to bidding by contacting the auction company.
BUYER'S PREMIUM: A 10% buyer's premium will be added to the high bid. For example: On $10,000, a 10% buyer's premium of $1,000 will be added to arrive at the total purchase price of $11,000.
BIDDING: The auctioneer shall make the sole and final decision as to the winning high bid amount. The auction company shall not be held responsible for any 'missed' bids. By bidding on any item, the bidder shows acceptance of the terms of the auction and your bid becomes a legally binding offer to purchase the property being auctioned.
AGENCY: Kimsey Realty & Auction, auctioneer/broker, is acting exclusively as agent for the seller. NCAL 8704
FINANCING/CONSIDERATION: This auction is a cash sale not contingent on or subject to financing, appraisal, survey or inspections of any kind. Any buyer not closing within the contractual time period to close or any extension thereof, will forfeit the earnest money deposit. However, FINANCING IS ALLOWED. Seller and auction company agree to cooperate with any lending institutions to help facilitate the closing.
CLOSING ATTORNEY AND DETAILS: Contact auction company for closing attorney details. Purchaser will pay closing fee including, but not limited to, deed preparation, recording fee, title examination, documentary stamps and/or transfer tax. Taxes and HOA/POA fees will be prorated as of date of closing. Title insurance may be acquired at the purchaser's expense. For deed type on individual properties, questions regarding closings, closing fee or contracts, contact auction company at 828-524-3500.
DISCLAIMER: This auction is a cash sale not contingent on or subject to financing, appraisal, survey or inspections of any kind. All property sells "as is, where is" with all faults in its current and present condition. Property is subject to all easements, leases, restrictions, covenants, conditions, HOA/POA documents and all other matters of record as well as applicable land use laws and ordinances.
Information contained herein was obtained from sources deemed reliable. However, no warranty of any nature is expressed or implied, other than good title. Buyer acknowledges that buyer is not relying on any representations, statements, guarantees or warranties of any kind including, without limitation, the physical condition of the property, any improvements located thereon, soil condition, enviornmental condition, wetlands or its suitability for any particular purpose or merchantability. Bidders should carefully verify all information and make their own decisions as to the accuracy thereof. It is assumed that the purchaser has inspected the property prior to bidding and that it is suitable for his/her purposes before submitting their bid. Announcements made prior to the auction/sale will take precedence over any other previous written or verbal communication.