Terms

 GENERAL TERMS AND CONDITIONS -Real Property –
ORDER OF SALE - Real Estate in its entirety subject to legal description. May be offered as a whole or divided. Combination of tracts may be applicable. Special terms and conditions may apply to each sale, subject to change order. NO PERSONAL PROPERTY WILL BE OFFERED - Personal Property may be offered in a separate sale or combined sale dependent upon the special terms and conditions of each auction or sale published, separate and individual from every other item.
The method that produces the best offer to the seller will determine how this property sells. Property is selling subject to owner confirmation. Owners have initiated the liberty of bidding and may make adjustments accordingly. Seller has authorized to refuse bidding privileges to persons that do not qualify or to those that will not comply with bidding procedures. Additionally, sellers reserve the right to refuse showing or attending open house invitations. REGISTRATION Each person participating in the sale or any person that wishes to attend an open house must register in advance of entry into the property all being subject to seller requirements. Auctioneer / Agents and Seller shall maintain compliance with all fair housing regulations, however entry may be restricted based on the following: 1. Registration in writing via Myers Jackson Bidding Platform or other approved method. 2. Proper Statement of Funding and/or Proof of funds that show capabilities to purchase. 3. Agreement to Conditions of Sale in advance of entering property, home or grounds. 4. Potential purchasers may create an account at Https://MyersJackson.bid , then register for the individual property sale.
 
TERMS OF REAL ESTATE SALE The successful Purchaser(s) will sign and return a real estate sales contract immediately at the award of bid, deposit with closing agent any required earnest money, pay to seller the total amount of option money, purchaser shall then transfer by wire 100% of the buyers premium immediately after bid award. Buyer's Premium will be calculated up to 10% of the bid price or paid as flat fee when announced, all that being payable to Myers Jackson – Licensed Auctioneer for services rendered and complete, immediately after confirmation of the offer. Additional trust funds including purchase deposits shall be placed for deposit with a qualified entity. Terms of any option money may be accepted, then distributed at the total discretion of the seller.
A portion of the buyer’s premium may be made available to a properly qualified cooperating broker/agent having registered a qualified purchaser 48 hours prior to bid closing. Brokers/Agents that do not comply with terms and conditions of sale shall be subject to forfeiture of compensation. First contact shall dictate procuring cause shall be subject to any potential bidder that contacts Auctioneer / Broker by any means in writing, by electronic means, phone, text or in person. Although an agent may register after the fact, such late registration shall not protect agents right to any part of commission. Potential purchasers must provide verification of funding prior to bid acceptance including but not limited to funds to cover the entire bid amount, buyer’s premium and/or any other costs to close or otherwise shall be made immediately available. Seller may issue a deed to the purchaser upon verification and receipt of funding with payments due at the time of confirmation in cash or other certified transaction unless otherwise stated in writing.
 
Any bid may be used to determine the highest offer, if you may make additional offers or bids during the process until the auctioneer closes bidding after acceptance of a qualified offers by the seller. All being subject to bids or offers prior to, after, during or up until an offer is accepted in writing.
 
BUYER’S PREMIUM At the time of sale buyer’s premium shall be paid by the permission of the seller and the acceptance any bid made by the purchaser. At bid award fees (commissions) shall be considered earned, therefore buyer’s premium becomes property of the Auctioneer subject to immediate disposal by deposit, cash or otherwise. Purchaser may not restrict, hold or demand repayment after the confirmation of sale nor shall seller demand receipt of any portion at anytime. In the event of collection procedures, the auctioneer may use all lawful means necessary to defend, collect or recover all costs and attorney’s fees associated with this bid offering. Herein the Purchaser agrees with Seller that all monies paid shall be non-refundable being that Auctioneer and/or Agents have performed those services and being considered complete. Buyer's Premium may change subject to special terms. Ten percent of the total bid shall determine the buyer’s fee (premium) payable to Auctioneer and/or others granted by permission of the seller and shall not differ unless stated in writing. If special of conditions of sale notate the Buyers Premium so shall it stand, otherwise the General Terms and Conditions shall prevail. Buyer's premium for personal property may differ from buyer premium terms in the sale of real property.
 

BID ADMINISTRATION:

Bids (Offers) shall stand as submitted being subject to bid administration by the Broker-Auctioneer. Sellers may accept bids including additional bids placed by the same bidder. Subject to acceptance of the best offer of the bidder and/or bidder’s proxy that has willfully accepted terms that includes all conditions of sale, payment of buyer premium and auctioneer fees, full payment of option money, closing costs or other costs as determined by the seller. All bids shall be an instrument to calculate the bidder’s interest to purchase property including but not limited to written offers, electronic submissions, voice, telephone, telecopier or text. Bids may or may not be administered in the order received, subject for publication in public view, any bid being subject to higher bids being placed. Seller may accept without notice and property shall be subject to sale without warning. BID ADMINISTRATION:

 

Bids (Offers) shall stand as submitted being subject to bid administration by the Broker-Auctioneer. Sellers may accept bids including additional bids placed by the same bidder. Subject to acceptance of the best offer of the bidder and/or bidder’s proxy that has willfully accepted terms that includes all conditions of sale, payment of buyer premium and auctioneer fees, full payment of option money, closing costs or other costs as determined by the seller. All bids shall be an instrument to calculate the bidder’s interest to purchase property including but not limited to written offers, electronic submissions, voice, telephone, telecopier or text. Bids may or may not be administered in the order received, subject for publication in public view, any bid being subject to higher bids being placed. Seller may accept without notice and property shall be subject to sale without warning. Bid increments may be adjusted prior to or during the process of the sale. Bids (Offers) may be updated in the MyersJackson.bid online portal, Multiple Listing Services, Real Estate Indexes or other public and/or private publications.

 

 

 
CLOSING* Immediate transfer of property shall take place upon receipt of all payments and/or other costs. Time being of the essence, this sale shall be closed with deed delivered to purchaser upon full payment. This transaction is not contingent upon financing. Option money shall be delivered to seller immediately upon bid award. Option money may be credited at closing. Buyers will be responsible for all closing costs and may select the closing officer of their choosing. Any earnest money deposits on behalf of the seller shall be placed in escrow until closing. The Purchaser shall pay 100% of the buyers premium (paid out of closing). The Purchaser will be charged 100% cost of the title insurance policy which is based on the purchase price and 100% of all other closing costs {by purchasers closing agent} per real estate transaction per property, and this fee may include the following: conducting the closing; collecting and disbursing funds at closing; title abstract; document/deed preparation, preparing a closing statement, alternate taxes, recording fees, escrow fees and closing attorney fee. If the Purchaser needs additional services, they may be requested or provided by the purchaser’s closing agent. Any additional closing fees including, but not limited to, documentary stamps, recording stamps, financing expenses, intangible taxes, title fees, appraisals, inspection reports, any additional legal work required by a lender including 100% of any lenders title insurance policy will be the Purchaser’s expenses. Purchaser shall pay for all taxes due, ad valorem, local, state or otherwise to transfer property, unless expressly written. POSSESSION Possession of the real estate will be granted to the purchaser at closing. Seller reserves the right to remove personal property. NO PERSONAL PROPERTY shall transfer with this sale. Surface rights prevail. Ownership of air, water or minerals may be reserved.
 
INDIVIDUAL PURCHASES Individual purchases are to be considered as a single transaction not contingent upon acceptance of any other bids by the Seller. has the right to sell this Property in any form or fashion that is legal and ethical in order to produce the best offer to the Seller. REPRESENTATION Purchaser and Seller acknowledge and agree that the only Auctioneer and Broker involved in this transaction is Myers Jackson, as Auctioneer and/or Broker for the Seller in this transaction. Auctioneer has not acted as agent in this transaction for the Purchaser. Other Brokerage disclosures are attainable for each state or jurisdiction real and/or personal property is offered. SURVEY, PLAT, SKETCH DISCLAIMER If the Purchaser wishes to have a survey, the Purchaser may select the surveyor of their choice and must abide by the terms and conditions of this real estate offering. Two (2) copies each of the certified survey, if any, must be delivered to both the Closing Agent at least ten (10) days prior to the Closing. Purchaser will pay for all costs associated with the survey. The Auctioneer/Broker, the Closing Agent and each of their respective employees, attorneys and agents expressly disclaim any liability for alleged loss or damage in which may result from reliance upon such map, plat, survey or diagram. Any such map, plat, survey or diagram is for reference only and has been provided for the convenience of the bidders. The Purchaser shall not rely on estimated field measurements but shall rely on its own due diligence and judgment. The Property shall be sold subject to: (a) visible easements or claims of easements not shown by the public records, and shown graphically on any survey, map or subdivision plats, and (b) boundary line disputes, overlaps, encroachments, and any matters not of record that would be disclosed by an accurate survey and inspection of the Property. AD VALOREM TAXES County Tax Collector 2020 Estimated Ad Valorem Taxes for Parcel is available through public records. $__________________________ (estimated). ADDITIONAL CONDITIONS OF THE SALE 1. Seller’s presently have title to this Property. At the time of sale, Seller’s agree to convey title to said property by deed being subject to (1) zoning ordinances affecting said property; (2) general utility, sewer, road, and drainage easements of record; government easements, rights-of-way, covenants, restrictions, encumbrances and other matters of record, if any issued by any government agency for any use perpetual or limited by contract or deeded restrictions in all forms (3) subdivision easements, covenants and restrictions of record, if any; and (4) leases, other easements, other restrictions and encumbrances specified herein. This property is selling subject to visible and non-visible or easements or claims of easements not shown or not shown by the public records, shown or not shown graphically on subdivision plats or other maintained records, prescribed use easements recorded or unrecorded, boundary lines disputes, overlaps, encroachments, and any matters not of record that would be disclosed by an accurate survey and inspection of the premises. This Property is sold subject to all outstanding easements on said property for roads of public record or private use being granted, prescribed, leased or otherwise conveyed easements of power, electronic and telephone lines and the like and likewise subject to any cemetery or cemeteries that may now exist on this property rights of the public to use and gain access to any cemetery lying within the bounds of the land described. 2. All properties may be subject to current lien holder’s approval and may be presented for short sale approval if applicable. However, no guarantee will be made by seller. Purchaser will agree to all extensions required by the seller, Financial Institutions, Federal, State and Local Courts of Jurisdiction and will accept all extensions until approval can be executed. Purchaser and seller agree that the earnest money deposits shall be held in broker’s escrow account and can be transferred upon request to closing agent. Earnest money deposits shall continue to be held during the course of the contract, including any extension period or time required for acceptance in conjunction with any short sale, lien holder approval, Federal, State or Local Court actions needed to assure the seller’s ability to satisfy and deliver a marketable title. In the event a final contract agreement cannot be reached between all parties, earnest money will be returned, and each party will be held harmless. 3. Auctioneer/Broker, and Sellers do not warrant or covenant with Buyer with respect to the existence or nonexistence of any pollutants, contaminants 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 its own environmental audit or examination of the premises. 4. This property is being sold subject to all laws federal, state or local law concerning any species that may be listed as threatened, endangered or otherwise protected as disclosed on the plat attached. It is the responsibility of the purchaser to inspect the property and the purchaser(s) shall rely on their own investigation in conjunction with the purchase of this property. Seller shall have no obligation to extend the contract-closing period and purchaser will not be granted any inspection period after the final gavel call. 5. A detailed title search has not been conducted; therefore, Auctioneer/Broker, and Seller are not positive as to the status of the oil, gas and mineral rights. The seller may reserve to convey any interest in any oil, gas, or mineral rights to the Purchaser unless stated in writing and any prior reservations shall stand as reserved. Furthermore, any oil, gas or mineral rights previously sold, conveyed or rescinded will not be conveyed to the Purchaser and such rights may be offered as a separate conveyance unrestricted to other purchasers. 6. Subject to roll back taxes for residential, commercial or other use including homestead exemption or other taxation including back tax due. Seller shall not be responsible for any taxes unless expressly written. 7. Purchaser will be responsible for any clean-up of debris and accepts property in the “as is” condition. 8. Property may be subject to any association dues, fees, annual costs or other assessment as required by the covenants, additionally subject to the restrictions thereof. Purchaser may be required to pay for and assume fees in conjunction with Owner Association Requirements and shall become the sole responsibility of the Purchaser. 9. Subject to rights or claims of parties not in possession and not shown by the public records. 10. Buyer may be subject to liens, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Taxes or special assessments, encumbrances which may or may not be shown as existing by the public records. Buyer shall be responsible for the same unless expressly written. 11. Buyer shall grant ingress and egress rights; however, seller shall not be responsible for entry or exit maintenance after the sale. Including but not limited to bolt, barrier, lock, door, gate, fence or another impediment.
12. Purchaser shall not change the terms herein with any strike, mark, text replacement, alteration or otherwise.
 
DISCLAIMER Broker/Agent/Auctioneer and the Sellers have gathered this information and believe it to be correct to the best of our knowledge. All documents and information are being furnished to the bidder 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 bidder’s risk. These documents are being provided without any warranty or representation, express or implied, as to its content, its suitability for any purpose or its accuracy, truthfulness or completeness. Each Purchaser must conduct and rely solely upon its own investigation and inspection, including all incremental sizes, footage, acreage, part, piece or any measurement in the entirety of any and all structures, land parcel, attachments, special feature, water mass, road frontage or any right with any calculation in part or as a whole. Further, all parties acknowledge and agree that the property is being sold "AS IS" with any and all faults to title, condition, improvement, structure or other real estate unless expressly written. The Seller shall have no obligation for repairs or replacements noted in any inspection(s) made by or for the Purchaser. Such repairs or replacements shall be the sole responsibility of Purchaser. All contracts will be presented at the close of the Sale with specific Seller instructions. Seller may remove property from the Auction during or at any time prior to the end of Auction and at the Seller’s discretion; Seller may accept the offer with the best terms. Broker/Agent/Auctioneer and/or Seller may bid or rebid on any property in tracts, combination of tracts or as a whole, defense of a bid or any bid increment vital to producing the highest and best price under the terms and conditions of the Seller. Furthermore, it will be the Seller’s discretion to accept any additional increase on any posted bid by any individual tract purchase, combination, defense of bids or any upset bid during or after any bid has been posted and prior to final confirmation and reserves the liberty of bidding until the acceptance in the form of a purchase and sale agreement in writing. Online offers may be transferred to any live auction event and vice versa being subject to terms and conditions of any sale. Furthermore, all bids shall be posted and presented accordingly as announced by the Auctioneer. Bids may be accepted without notice to any party. Auctioneer’s Note for Accepted Procedures: Broker/Agent/Auctioneer reserves the right to accept bids from all qualified bidders to include but not limited to: Live Auctions, Online Auction Platforms, Written Bids, Electronic Bids, Fax Bids, or Written offers during before or after the bidding period. If you are looking to buy this item, you are invited to make your best offer, however your offer may not be the best offer, the sellers reserve the right to evaluate all bids and make final decision on acceptance based on all offers. Make your best offer; Auctioneer will further reserve the right to cross-reference bidders to evaluate the best offer across all bidding availability. By registration, you allow Auctioneer to update you as information becomes available. You will receive a permanent bidder’s number at Myers Jackson apps or other bidding platforms. You will receive future notices subject to privacy policy. It is further understood that this auction is subject to Film, TV and Photography and all parties hereby release Auctioneer from any and all liability without recourse. You herby authorize the use of Film and Photography with distribution rights throughout the universe without restriction. Such distribution shall not be restricted, and no claim shall be administered upon Auctioneer, Brokers or Agents thereof. All rights or Film and/or photography shall remain with Myers Jackson. It is expressly understood that the terms and conditions set forth are authorized by the sellers and the purchaser with sale will be only between the purchaser and seller. Auctioneer is acting as an agent for the seller, however auctioneer shall not be responsible for any contract action between the parties. No party shall alter, use, reuse, mark, stamp or reproduce this document without the express written consent of Myers Jackson. Non-compliance or any alteration to these terms and conditions after bid award shall be considered a material breach of contract and default shall be claimed by the Auctioneer and/or seller. Furthermore, I agree to a NON-Disclosure of bids or final offers to include the written purchase and sale agreement until such time the purchase amount is made public by legal means. I agree to all Terms & Conditions of Sale:
 
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Bidder Signature                                  Print Name                Date
 
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Seller Signature                                   Print Name                 Date