Auction Terms & Conditions
ORDER OF SALE September 8th, 2018
This Auction is Powered by Myers Jackson - Texas Auction License Number 17057, represents the seller Boyd Country Road LLC as contract auctioneer to sell property. Myers Jackson will not represent any buyer. Myers Jackson Co. is under separate agreement with Essential Quail Television LLC / AKA Flip N Move Productions Inc. and/or all affiliates for talent arrangements. This document is subject to all copyrights and shall not be reproduced without express written consent of Myers Jackson. All parts of this auction is subject to film, photography and other media. Participate will hold harmless Myers Jackson for any purpose. Myers Jackson does not represent any party for the purpose or listing, buying or selling any real estate in connection with this auction.
This following Real Estate /Structure/Business/Personal Property will be offered at auction. Do not participate if you wish not to comply with all terms. See the attached list or listen to announcements for the order of sale and the property that will be offered from the Auctioneers location. All Participants must be registered prior to bidding. Exceptions only at sellers approval.
ORDER OF SALE: REAL PROPERTY
Lot # 19
Lot # 4
Lot # 24
The method that produces the best offer to the seller will determine how this property sells. This property is selling subject to confirmation of buyers ability to pay with immediate liquid funds as announced at the final gavel call, with sellers reserving the liberty of bidding. The term “Sold” or “SoldSoldSold” is for illustration purposes only and is not a legal definition to transfer property. Only a valid purchase and sale agreement executed by buyer and sellers will conform the sale.
TERMS OF REAL ESTATE : The successful Purchaser(s) will sign and return a real estate sales contract immediately after the closing of bids, transfer by wire deposit 10% of the purchase price within 24 hours of the close of auction and close the transaction on or before October 10th. Realty Texas Group LLC will act as Broker. Brokerage Services may be offered in accordance with the Information About Brokerage Services at registration. Option Money in the amount of 5000.00 will be required at the time of contract payable to the seller.
CLOSING: Time being of the essence, this sale shall be closed on or before October 10th, 2018. This transaction is not contingent upon financing. Buyers will be responsible for all closing cost and may select the closing officer of their choosing. The Purchaser will be charged the cost of the title insurance policy which is based on the purchase price. Purchasers shall be responsible for obtaining a title agent or attorney of their own choosing to close any/all transactions pertaining to this sale. Purchases shall bear the cost to conduct all parts the transaction. Option money in the amount of $5,000 shall be payable to Seller immediately after sale. The option period starts at the time of bid and ends when seller accepts an offer. Option money is non-refundable, however will be a credit to the purchase at closing. All Earnest money deposits (10% of contract sales price minus the $5,000.00 Option Money) shall be placed in escrow until closing.. Buyer expressly acknowledges that auctioneer’s premium is deemed earned for services rendered at time of contract and is not refundable, or subject to offset or any claim subsequent to the auction. Buyer acknowledges there may be a real estate transaction per property and this fee will include the following: conducting the closing; collecting and disbursing funds at closing; title abstract; document/deed preparation, preparing a closing statement and closing attorney fee. If the Purchaser needs additional services, they will be provided at a reasonable fee. Any additional closing fees including, but not limited to 100% of Lenders Title Policy, 100% of Owners Title Policy, documentary stamps, recording stamps, financing expenses, intangible taxes, title fees, appraisals, inspection reports, any additional legal work required by a lender will be the Purchaser’s expenses. The 2018 Ad Valorem Taxes will be prorated between Seller and Purchaser, as of the date of closing.
TERMS AND POSSESSION OF REAL PROEPRTY
Purchasers may only qualify to make offer subject to verifiable funded loans, cash or other approval of the seller. No offer shall be valid until the ability to purchase has been verified.
The successful Purchaser(s) will sign and return sales contract immediately after the closing of bids with seller and shall pay by, cash, cashier’s check or immediately transfer by wire the full purchase price upon execution of final agreement between purchaser and seller.
TERMS OF BUSINESS/PERSONAL PROPERTY
The successful Purchaser(s) will sign and return sales contract immediately after the closing of bids with seller and shall pay by, cash, cashiers check or immediately transfer by wire the full purchase price upon final agreement with seller for purchase of structure, moving, transportation and setup cost. Full payment shall be remitted at the time of bid award immediately after auctioneer’s announcement. Personal property that is not real estate may be transferred by bill of sale.
POSSESSION for MOVABLE STRUCTURES
Possession of the property will be granted to the purchaser at bid award. Bid award will be announced only after buyers confirmation of ability to purchase with verifiable funded loan documents or cash . Buyers shall immediately take possession of the Business/Personal Property and shall be responsible for all action thereon in the disposition, removal and transportation. Buyer shall negotiate only with seller to transport property to new location. Each Structure will be subject to variable moving costs and variable sellers. Buyer will take possession prior to transport or moving agreement contracted & delivery to new location.
Individual purchases are to be considered as a single transaction not contingent upon acceptance of any other bids by the Seller. Auctioneer 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. There may be multiple sellers with terms and conditions applying to all.
Purchaser & Seller acknowledge & agree that the only Auctioneer involved in this transaction is Myers Jackson and has acted as agent for the Seller in this transaction. Auctioneer has not acted as agent in this transaction for the Purchaser. All Contracts will be executed between Purchaser and Seller or Sellers Representative. Myers Jackson as Auctioneer or as Agent for Realty Texas Group LLC will not represent purchaser in any capacity.
AD VALOREM TAXES for PERSONAL PROPERTY
All taxes if any will be due: Payable by the purchaser as determined by taxing authority.
SPECIAL CONDITIONS OF THE SALE
A. Sellers presently have title to this Property. At the time of bid award, Seller’s agree to convey a marketable title to said Property by bill of sale or deed when required for described Real Estate/Business/Personal Property and will be subject to (1) present condition of property, the property will be selling “as-is”; (2) structure maybe required to be moved from present location immediately after the bid award (3 purchaser accepts all responsibility for the cost to move, transport and relocate (4) acceptance by purchaser to remedy any present or future defect about the structure (5) present or future permits to transport (6) any permits for future use (7) the negotiation and payment for transport, relocation, set-up, impact fees, utility servicing with in transport, escorts, movers and/or construction crews. (8) Future Code Enforcement requirements (9) Permits-Taxes-Fees required of any local, state or federal agency in and for any purpose or requirement. (10) Real Property sales will be subject to closing terms set by the Seller and Broker.
B. Auctioneer 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. Additionally being subject to the Lead Base Disclosures for residential housing built prior to 1978 and purchaser’s hereby agrees that the inspection period has been waived.
C. Subject to any tax for residential, commercial or other use, present or future. Buyer(s) accepts all responsibility of local. State, Federal or other Municipal Tax.
D. Any construction plans, drawings, renderings, or contracts posted or otherwise will not be promised as part of any property offered. The Seller shall have no obligation to perform any construction work on any property advertised or otherwise after bid award. The use of any construction document is for illustration purposes only. Construction approvals and or permits may have been obtained but shall not be guaranteed. Transfer of any permit is the sole responsibility of the Purchaser. Purchaser is responsible for setup at new location.
E. Seller will not grant or guarantee construction rights, permits or approval for building, remodel or setup. It will be the sole responsibility of the purchaser to obtain any and all permits or approval for assumed dwellings, structures, road construction, sewer, water or other facility requirements for habitual use. Purchase assumes all responsibilities this day forward for any alterations on or about the property.
F. Subject to all conditions of soil to include all soil types including shifting, cracking, contraction, expansion or any erosion prior to or after sale.
G. Subject to any septic or all other discharge connections. Water connections to public or private sources available or not available for consumption or otherwise.
H. Subject to all environmental hazards weather natural, man-made in the course of construction or otherwise. Including but not limited to radon gas, asbestos, lead base paint, carbon monoxide, known or unknown chemicals, mixtures, paints, or other building product or any potential reoccurring hazard. Subject to natural disasters present the day of, prior to or after auction.
I. Subject to foundation shifts for soil conditions, adverse weather, product failure or other.
J. Auctioneer, Brokers, Agents herby disclaim all liability from all construction, building parts that make up or are a part of any structure, foundation strapping or connections from structure to soil, soil conditions, ingress or egress into or about the property.
For Movable Structures Only: Subject to Pre-Sale.
Moving and Transportation Cost Not Included.
K. Structures will sell without Air Condition or other Heat Units. Seller will not supply these units.
L. Rough Electrical has been attempted, however purchaser must rely on their own electrical contractor to finalize any additional attachments or final connections for code compliant use.
M. Rough Plumbing has been installed and Finished Plumbing and fixtures are in place, however the purchaser must rely on their own judgment for completeness or hire a plumbing contractor.
N. Subject to any new construction or transportation regulations for entry (ingress) and exit (egress) or movement, furthermore Purchaser shall be responsible for all applications to permit or other wise cross or construct any road entrance, parking lots or parking areas, drainage or holding pond, tree removal, utility alterations and compliance, for any structure that may be placed within the bounds any location after the bid award.
O. Purchaser will be responsible for moving, transporting, relocation, to a site of purchaser’s choice. Seller will assume no responsibility whatsoever unless bound in writing between the parties. Purchaser shall bear all expenses after the final gavel call with the purchaser named in the final bid award. Purchaser is subject to default if buyers fail to negotiate contracting to move and transport structure. Property will remain in seller’s possession until all payment or other terms are met.
P. Purchaser will be responsible for any clean up of debris and accepts property in the “as is” condition. All sales will be subject to movement during transport and may result in stress fractures or other shifting. Moving/Transportation cost do not cover tree or fence removal, municipal permits or site prep, re-installation and required hook ups for water, sewer, electric or other utilities. Subject to current reset conditions, all upgrade costs will be additional.
Q. Only the structure will sell. There will be no chattel; furniture or unattached fixtures will be sold. Furnishings belong to the seller and will not be a part of any bid award. No Exceptions.
R. Purchaser agrees that they have sought all necessary professional and and/or legal guidance prior to auction and has all terms and conditions of this agreement. Purchasers agree and affirm that prior to bidding he/she has had the opportunity to comply will all terms as set forth in this agreement including but not limited to inspections, approvals, advisement, and the inspection of all property prior to submission of this offer including the inspection all documents available.
S. All purchasers shall cooperate in the disassembly of the structure at places noted and purchasers shall be responsible for their own reconstruction and protection of parts disassembled.
T. Buyers shall coordinate within the best efforts to schedule moving the structures and shall communicate to ensure the best possible result in the disassembly and scheduled moves.
U. The purchaser must negotiate with seller/house mover with each perspective owner. Cost to move structures will vary from mover to mover and shall not impede contractual obligations after bid award. Each structure has different seller/mover.
V. Owners shall have no duty to facilitate the move or any part of the move on behalf of any buyer.
W. Buyers shall have 30 days to remove structure and/or any debris from the premise for movables.
X. Buyers shall inspect prior to purchase and no exceptions for inspection after a buyer bids.
Y. Buyers will be responsible for attaining the cost to move and clean up debris if applicable.
Z. All transactions are final with no refunds, replacement, repair or other replacement.
AA. The final gavel call will be subject to these terms, payment, pre-qualification and award shall be determined by the verifiable amount bid, full compliance with terms with no deviation.
BB. Auctioneers and the Seller 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. Further, all parties acknowledge and agree that the Property is being sold "AS IS" with any and all faults. 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 Auction 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. 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 condition 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. Any Internet bid or absentee bid may be transferred to any live Auction event and will be subject to terms and conditions of the live Auction. Furthermore, all bids shall be posted and presented accordingly as announced by the Auctioneer. Auctioneer disclaims all liability to all herein and shall be indemnified for the same.
I have read or have had opportunity to read and now agree to all Terms & Conditions of Sale:
________________________________ _____________________ ______________ Bidder Signature Print Name Date
Remember, “If there is an ALLIGATOR in the Attic HE IS YOURS”
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.