Important Information
Please Read Terms. Properties Shall be sold in Tract order.
Terms and Conditions
COMPANY?)EITHER THROUGH AUCTIONEER?S WEB SITE
WWW.COLLARCITYAUCTIONS.COM OR ANY OTHER WEBSITE DESIGNATED
BY AUCTIONEER FOR THE PURPOSE OF CONDUCTING AN ON-LINE
AUCTION.
OSWEGO COUNTY TAX AUCTION
PARTIAL TERMS & CONDITIONS
PLEASE READ CAREFULLY PRIOR TO BIDDING
All online purchasers subject to a $100.00 additional administraive fee plus applicable buyer's premium. These fees are over and above your bid price.
(a) The Properties are being offered ?AS IS? and ?WHERE IS? and with all faults. All Sales Are Subject To The Following Terms: No seller financing will be offered on any of these properties by The County of Oswego, NY. The sale of these properties is pursuant to a purchase contract. Failure of purchaser to secure financing prior to date of transfer does not constitute grounds for an extension or return of the down payment, buyer?s premium or administrative fees.
(b) All information contained in the Auction Brochure and contained within the website of Collar City Auctions Realty & Management, Inc.(herein after know as ?Auction Company?) is supplied for informational purposes only and not guaranteed. Prospective purchasers are urged to fully research any property prior to bidding at auction. Furthermore, all parties agree to hold harmless the County, Auction Company and Auction Company representatives from any errors and or omissions, injury and or other matter that may arise now or in the future. Seller, Seller?s Agents, Auction Company and Auction Company?s Agents will not make and hereby expressly disclaims making any warranties or representations whatsoever, expressed or implied, written or oral, with respect to any property, without limiting its disclaimers, seller hereby advises all prospective bidders that it does not make any representations or warranties, express, implied or oral, subject to:
b.1. The nature or condition, physical or otherwise, of any of .the properties or any aspect thereof, including without
.limitation, any warranties of habitability, suitability, merchantability or fitness for a particular use or purpose;
b.2. The nature of quality of construction, structural design or engineering or the improvements, or the state of repair or
lack of repair of any improvements;
b.3. The quality of the labor or materials included in the improvements;
b.4. The soil conditions, drainage, topographical feature, or otherconditions of any of the properties which may affect any of
the properties with respect to any particular purpose, use, development potential, or otherwise.
b.5. The area, size, shape, configuration, locations, capacity, quantity, quality, cash flow, expenses, value, condition, or
composition of any of the properties.
b.6. The nature or extent of title to any of the properties, anyeasements, rights of way, leases. possession, liens,
encumbrances, licenses, reservations, contracts, conditionsor otherwise that may affect title to any of the properties.
All properties shall be transferred by means of a ?Tax Deed? supplied by the County of Oswego, NY to thepurchaser.
b.7. Any environmental, geological, meteorological, structural orother condition or hazard or the absence thereof heretofore,
now or hereafter affecting in any manner any of the properties, including but not limited to, the absence of asbestos or any environmentally hazardous substance on, in,under, or adjacent to any of the properties shall be soley the purchasers responsibility; or
b.8.The compliance of any of the properties with any laws, rules, ordinances or regulations. No claim will be considered for
allowance, adjustment or recision based upon failure of the property to correspond with the buyer?s expectations.
(c) Buyer shall take title to the property and subject to the right of redemption of the United States of America, where applicable. This means that if the Internal Revenue Service or any agency of the Government of the United States of America so empowered-exercises its right of redemption, then they will take over the title to the property but will pay you the sum of the following: 1) amount paid for the property by you the bidder 2) interest at 6 percent on purchase price 3) reasonable expenses necessarily incurred minus income derived 4)interest paid to the holder of the lien.
(d) The highest bidder on each property purchased at the auction shall immediately sign a bidder acknowledgment form on the floor at the auction, endorse to Collar City Auctions Realty & Management, Inc., and deliver to the auctioneer?s personnel the required down payment of 10% of the bid price in (NO BUSINESS OR PERSONAL CHECKS ACCEPTED) CASH, MASTER CARD, VISA, DISCOVER, DEBIT CARD OR CASHIER?S CHECKONLY made payable to the BIDDER AS PURCHASER (THIS MEANS YOURSELF) which will be held and deposited by the AUCTION COMPANY and shall be paid as a down payment on the day of the auction and applied to the purchase price, in addition to the bid price, the BIDDER AS PURCHASER shall pay a 7.9% buyer?s premium if paid by credit or debit card, (7.9% add-on to the bid price AT ?KNOCKDOWN?) (TIME OF SALE AT THE AUCTION) (US FUNDS ONLY) which shall be retained by the Auction Company. Purchase also subject to a$300.00 Administrative fee to be retained by the County. Purchasers paying by cash or Cashier?s Check shall receive a 3% buyer?s premium discount. IN ADDITION, BID PRICES OF $1,000.00 OR LESS MUST BE PAID IN FULL AT TIME OF AUCTION, PLUS BUYER?S PREMIUM. The total Bid Price is the combination of the high bid, the buyer?s premium and the $300.00 Administrative fee. The buyer shall then enter into the required non-contingent purchase and sale agreement. In the event the County for any reason determines not to sell to the purchaser the property bid on at auction, the purchaser shall be refunded the total bid price paid or 10% down payment, whichever is applicable and buyer?s premium without any accrued interest. IF THE BALANCE DUE FROM BUYER(S) PLUS ANY ADDITIONAL CHARGES ON EACH PROPERTY PURCHASED AT AUCTION ON SEPTEMBER 8, 2012 IS NOT RECEIVED IN FULL BY THE COUNTY OF OSWEGO, ON OR BEFORE OCTOBER 10, 2012 BY 5:00 P.M., AT THE OSWEGO COUNTY TREASURER?S OFFICE, 46 E BRIDGE ST, OSWEGO, NY, THE BUYER(S) SHALL IMMEDIATELY FORFEIT THEIR DOWN PAYMENT OR ANY PAYMENTS MADE ?WITHOUT RECOURSE? AND THE PURCHASE AND SALE AGREEMENT SHALL BECOME NULL AND VOID FOR ANY OBLIGATION THE COUNTY HAD TO PURCHASER. Purchaser agrees and understands that the buyer?s premium is deemed earned by Auction Company upon signing/approval or acceptance of contract by bidder as purchaser and is non-refundable. A sample Purchase and sale agreement shall be provided upon request. Please e-mail request to service@collarcityauctions.com.
Persons defaulting from prior year?s auctions are disqualified for five years from participating in tax delinquent auctions or acquiring title through such process.
(e) The properties shall be transferred by ?Tax Deed? Deed subject to any and all encumbrances, easements, covenants, conditions, including tenancies and restrictions, if any, zoning environmental protection and other municipal, federal and state laws and any state of facts that an accurate survey and or inspection of the tract being sold might show.
(f) Purchaser?s are NOT responsible for payment of any delinquent county taxes prior to foreclosure, but will be responsible for the 2012-2013 School tax, or any water, sewer rents or other charges that may be levied.
(g) In the event a parcel is locatied in a village or city, there is a possibility that there are also outstanding tax liens in addition to the County lien. It is your responsibility to research this. The County of Oswego assumes no liability.
(h) Purchase and sale agreement is not assignable, transferable or negotiable.
(i) The County and Auctioneers reserve the right to refuse admittance to or expel anyone from the auction premises for interference with the auction activities, nuisance, canvassing or any other reason(s).
(j) Buyer(s) deposes and states the following: 1. I am the real party interested in the property. 2. There are no persons other than those listed on the purchase and sale agreement who are financially or beneficially interested in the sale. 3. NO COLLUSION with any other bidder or any public official has taken place. 4. Buyer agrees and states that buyer is not a member of the previous owners immediate family. Immediate family is defined as parents, children, spouses and siblings of a prior owner. 5.Buyer states that they do not own any property in The County Of Oswego on which taxes are due and owing, DELINQUENT TAXPAYERS ARE FORBIDDEN FROM PARTICIPATING IN THE AUCTION. PERSONS DEFAULTING FROM PRIOR YEAR?S AUCTIONS ARE DISQUALIFIED FOR FIVE YEARS FROM PARTICIPATING IN TAX DELINQUENT AUCTIONS OR ACQUIRING TITLE THROUGH SUCH PROCESS.
(k) The purchaser(s) shall not alter, remove or otherwise change any items contained in or attached to any building or land to be purchased from The County Of Oswego until the full purchase price, buyer?s premium and additional charges have been paid in full and the deed has been received from The County Of Oswego by the purchaser. Violations of this clause shall be grounds for immediate forfeiture of all monies paid and suit or criminal charges may, at the election of the County be filed agianst the Bidder as Purchaser. Associated fees shall be passed on to the Bidder as Purchaser and forfeited monies shall be retained by the County and Auction Company Without Recourse Againt Either Party. By Execution Of This Agreement, Bidder As Purchaser Agrees And Fully Acknowledges This Clause.
(l) Notice To Purchaser(s): Improved properties may be OCCUPIED. The Purchaser shall be solely responsiblefor any/all necessary eviction proceedures once title has been transferred to the Purchaser by the County. Landlocked Properties Are Not Accessible For Inspection. Improved Properties Do Not Have Any Scheduled Inspection. Please Drive By Only As Many Of The Properties Are Occupied.
(m) No personal property is included in the sale of any property and/or parcel(s) owned by OswegoCounty. The disposition of any personal property located on, in, under or on the property or parcel sold shall be the sole responsibility of the purchaser upon transfer of title.
(n) Case law prohibits anyone involved in the assessment process in Oswego county from bidding on Oswego County delinquent tax property within their own jurisdiction. This includes but is not limited to Assessors, Board of Review Members, Town Surpervisors, County Treasurer, County Attorney, County Legislators, County Clerk, County Administrator, and County Real Property Tax Director.
(o) Any parcel purchased from the County Cannot be sold within one year to the prior delinquent owner or to anyone who is currently tax delinquent.
(p) Notice To Real Estate Brokers/Agents: The Auction Company is acting in the capacity of a Real Estate Broker and NOT as a Realtor on the sale of the properties contained herein. The Auction Company is NOT offering any cooperating brokerage fee to any outside brokerage company for producing a bidder or purchaser at this auction. It is recommended that Brokers and/or Agents structure some type of compensation from the buyer they are representing in the capacity of a ?Buyer Broker?.
(q) Company, Auctioneer and County reserve the right to revise, change and implement changes to the terms, proceedures and conducting of auction at their descretion, prior to or during auction. All revisions, if any, shall be posted or announed prior to commencement of auction or, if necessary, during auction and shall become immediately and fully binding upon the bidder as purchaser at that time.
(r) Property Inspections: Please drive by or walk vacant land parcels. Improved properties may ONLY be inspected from the exterior. Please do not enter any improved properties. Please ONLY Drive By Occupied Properties.
I/We Agree That I/We Have Read And Clearly Understand The Above Captioned Terms & Conditions And Further Agree To Abide And Be Bound By All Terms & Conditions, Contracts And Addendums.
X __________________________________________________ September 8, 2012
Signature
X __________________________________________________ September 8, 2012
Print Name
FULL PAYMENT MUST BE RECEIVED WITH 72-HOURS OR YOU WILL BE CHARGED AN ADDITIONAL NON REFUNDABLE $2,500.00.
Please be sure to read additional Auction Terms on
www.collarcityauctions.com
Online Registration will only be permitted until 8:00 AM EST on August 9, 2012
Online Bidder Fees:
Please Note: The Terms and Fees Herein differ than the
terms posted on our site for on-site bidders.
1. Notice: Please read these terms and conditions
thoroughly prior to registration. By checking the box next to the 'submit registration' button all bidders and other persons participating in auctioneer?s on-line auctions agree that they read, write, speak and clearly understand the English language and have read these terms and conditions and have full knowledge of these online terms and conditions and unconditionally agree to perform and be bound thereby without reservation.
2. Identification: All purchasers are required to give full name, company name, address, phone number, fax number,cell phone or secondary contact number, email address, VALID credit or debit card information and VALID banking information when required.
Your credit card will be charged a NON-REFUNDABLE $2.00 to verify the card is valid before being approved to bid.
3. Anyone under the age of 21, or who for whatever
reason are unable to enter into legally binding contracts,
are prohibited from using www.bidspotter.com or
participating in any on-line auctions hosted by Auction
Company.
4. Read these terms of sale carefully. By participating in the auction you agree to these terms and make representations as set forth herein. These terms are legally binding and if you violate any of them, Auction Company, or the seller may seek legal relief, including but not limited to reporting your conduct to appropriate law enforcement entities. Please note that these terms include an agreement by which you wholly indemnify seller and auctioneer.
5. TERMS OF SALE - APPLICABLE TO ALL BIDS/SALES:
a. All deposits, bidding and invoicing will be in U.S. dollars ($) only.
b. When required by Auction Company, all
bidders will be required to tender a deposit or credit card authorization in order to register to bid. No bidders will be registered without tendering said deposit or credit card authorization. The amount of deposit will be set by auctioneer on a case-by-case basis and will be posted on auctioneer?s website and/or shown herein. Deposits may be made by cash, certified funds, wire transfer, or credit/debit card (with sufficient available credit) only. Auctioneer will post the requirements for each auction and/or each item or parcel on auctioneer?s website and/or herein. Personal checks and company checks
will not be accepted. If Bidder elects to pay the down
payment by wire transfer, a nonrefundable wire transfer
reimbursement fee of $35.00 is required if Bidder resides in the United States, or $65.00 if Bidder resides outside the United States. This nonrefundable fee is to defray Collar City?s costs and expenses of processing the wire transfer payments. In no event shall any wire transfer fees be reimbursed.
c. Once your online bid is submitted, you have entered into a binding contract with Auction Company and the Seller and you are unconditionally obligated to pay for your winning bid(s). Bidders must have adequate financial resources to fulfill bid commitments. By bidding, you are agreeing to be held personally liable for the bid amount, buyer?s premium, and any other fees or applicable taxes, whether or not the item description specifies the fees, taxes or assessments that may be applicable to the purchase of the item or property.
d. Winning bidders who fail to pay for their
bids (for whatever reason) will be assessed a penalty fee
equal to $2,500.00 or 20%, whichever is greater, of the total outstanding invoice(s). This fee or monies available on credit card will be charged to the credit/debit card that was used to register with the Auction Company or any monies deposited by bidder with the Auction Company prior to the auction. Plus forfeit any monies already on deposit. The bidder may be barred from future auctions conducted by the Auction Company. By using this on-line auction service, you agree that any dispute concerning the auction, any bid, use of the online auction service, or goods or property purchased through this on-line auction shall be governed by the TERMS & CONDITIONS AS SETFORTH HEREIN AND ADDITIONAL TERMS ANNOUNCED AUCTION DAY and without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York, and that you consent to personal jurisdiction over you in New York State, and that the exclusive locale and venue for any such claim, dispute or legal action shall be the New York State Supreme Court, County of Schenectady or at the option of Auction Company, in any Federal court of competent jurisdiction or any courts
located in the county in which the Property is located. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought.
Bidder agrees that bidder will not bring any action or
proceeding arising out of or relating to this agreement in
any other court. If bidder commences a claim or legal
action in any jurisdiction or before any tribunal other than New York State Supreme Court, Schenectady County you hereby expressly agree to be liable for all attorney's fees, court costs, disbursements and the like incurred by Auction Company in connection with obtaining a dismissal and/or transfer of the matter. If you fail to pay for your winning bid, including the buyer's premium, additional fees or administrative fees, or any portion thereof, then you shall be liable for all attorney's fees, court costs, time and disbursements incurred by Collar City Auctions Realty & Mgmt., Inc. in attempting to collect the amounts due. In all other respects, attorney's fees, disbursements, and court costs associated with any claim, dispute or legal action between the parties to this agreement shall not be recoverable by one party against the other.
e. All sales are final. Once your bid is
accepted as the high bid, no refunds, adjustments, exchanges, or credits will be issued for any reason whatsoever. Your lack of a thorough inspection or lack of announced description changes are not the responsinility nor problem of the Auction Company.
f. Any bidders having submitted a deposit with Auction Company, but not winning any bid in the auction, will be entitled to a full refund (less any non-refundable fees or wire transfer fees if applicable). Auction Company will use its best efforts to make such refunds to non-winning bidders on the next business day following the auction. Upon return of the deposit check or wire funds, this agreement shall automatically terminate, and Bidder and Auction Company shall be deemed to have released each other from all obligations hereunder as if this agreement was never executed, and Bidder shall not have nor make any claims to the Property or against Auction Company or any Sellers having participated in the auction.
g. Anyone outside of the continental United
States will be required to supply Auction Company with
complete Name, Company Name, Mailing Address, Country of
Origin and agree to wire transfer a minimum deposit of
$5,000 US Funds. All deposits must be received no later
than 48 hours before the sale. Deposit will be returned less any associated fees.
h. Sales tax: Purchaser shall also pay all
applicable sales or use taxes imposed by all taxing
authorities on such transaction unless purchaser shall
present a resale certificate, certificate of exemption or
the like, exempting the purchaser and auctioneer from the
payment of any such sales and use taxes by facsimile to the office of Collar City Auctions Realty & Management, Inc. via email service@collarcityauctions.com or via facsimile (518) 895-8152 no later than 5:00 pm the day before the auction or applicable taxes will be charged without future refund.
i. Bankruptcy: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the auctioneer, the sale may be voided with the seller and Auction Company reserving all rights to pursue collection of any deficiency or loss.
j. Additional terms and conditions: The
auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to or during the auction as necessary.
k. Indemnification: Purchaser agrees to
indemnify and hold Auction Company, its principals, agents,
staff and the seller harmless from and against all claims
and liabilities relating to the condition or use of the
articles purchased or failure of user to follow
instructions, warnings or recommendations of the
manufacturer, or to comply with Federal, state and local
laws applicable to such articles, including OSHA
requirements, or for proximate or consequential damages,
costs or legal expenses arising there from.
l. Claims: No claims will be allowed once
auctioneer says "sold" or bidder becomes winning bidder.
Purchase immediately becomes the sole and exclusive
responsibility of the "bidder as purchaser" and relieves
Auction Company, its principals, and agents of any and all
liabilities that may arise from damage, theft or loss prior to removal of goods from premises.
m. Responsibility for non-delivery: Auctioneer shall not, in any event, be liable for non-delivery of any matter or thing, to any purchaser of any lot.
n. Compliance with terms of sale-failure to
remove items: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law may retain all monies received as deposit or payment or otherwise, not as a penalty, but as liquidated damages. Lots not paid for and removed within the time allowed may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, collection and associated expenses, including, but not limited to attorney?s fees will be charged to the defaulting purchaser. Bidder as purchaser unconditionally authorizes Auction Company to charge these fees to Credit/Debit Card on file without recourse and agrees not to dispute or reject any charge backs.
o. Risk to person and property: Persons
attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the Auction Company, its principals and agents from liability herefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
p. Addition to or withdrawal from sale: The
auctioneer reserves the right to withdraw from sale any of
the property listed or to sell at this sale property not
listed, and also reserves the right to group one or more
lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk.
q. Dispute between bidders: If any dispute
arises between two or more bidders, the auctioneer may
decide the same or put the lot up for sale again at once,
and resell to the highest bidder. The auctioneer?s decision shall be final and absolute.
r. Reserve: The auctioneer reserves the right
to reject any and all bids. On lots upon which there is a
reserve, the auctioneer shall have the right to bid on
behalf of the seller.
s. Records: The record of sale kept by the
auctioneer and bookkeeper will be taken as final in the
event of any dispute, including with Bidspotter.
t. Agency: The auctioneer is acting as agent
between the seller/consignor and bidder as purchaser, only
and is not responsible for the acts of their or its
principals, acts of the seller, seller's agents. Buyer
unconditionally acknowledges that the purchase transaction
is taking place solely between the seller and the purchaser and the Auction Company, its principals and agents are strictly acting in the capacity of the seller?s agent.
u. Conduct of Strictly Online Auction: We use
dynamic ending times for all on-line auctions. On-line
auction ending times will be extended by one-minute
intervals if bids are placed during the last minute of the
scheduled auction ending time. Such extension of the ending time of the auction will continue, in one-minute intervals, as long as active bidding continues. Once there are 59 seconds without any bidding, no further extensions will be given and the auction will end. This does not apply to Live Simulcast Auctions.
v. Vehicle Transfer Documents: Bidder as
Purchaser agrees to accept the paperwork advertised or announced and provided to Auction Company by Seller. It is the bidder?s responsibility to verify marketability of title and or liens and encumbrances prior to submitting a bid. Please contact Auction Company with any questions prior to bidding.
w. Limitations of Liability: For any reason
whatsoever, an item purchased cannot be delivered, the buyer waives liability on the part of Auction Company and further agrees that any obligation of said item is limited to the bid and paid for price of item. Persons attending the auction preview, sale, or removal assume all risks of damage of or loss to person and property and specifically release and indemnify Auction Company and sellers from liability.
Auction Company and/or seller shall not be liable by reason of any defect in or condition of the premises in which the sale is held.
x. Vehicles: Auction Company is not
responsible for any penalties on past-due registrations,
over the road taxes or smog compliance certificates. It is the bidder?s sole responsibility to check all vehicles for plates/tags, smog devices, and/or any defects.
CREDIT CARD AGREEMENT
By completing the registration and participating and
registering and entering any bid, it is expressly agreed by the Bidder named below and Collar City Auctions Realty & Mgmt, Inc. (?Collar City Auctions?) that once Bidder is
selected by Collar City Auctions in its sole discretion as
the high bidder in any auction, all auction purchases by
Bidder shall be subject to the following credit card terms
and conditions:
1. I, unconditionally agree, authorize and grant
permission to the Merchant (Collar City Auctions) to charge my card listed below for any down paymemnt and buyer's premium monies and or my purchased property, even in the event, I dispute my purchases. I also agree that the Merchants determination of winning bidders shall govern this transaction without recourse. Storage charges shall accrue from date of auction at $85.00 per day for vehicles and $25.00 per day per item for tangible purchases.
2. All sales are final without recourse of any kind now or in the future.
3. All items are sold by Collar City Auctions and
purchased by Bidder in ?as is? condition at time of sale.
4. No Refunds.
5. No Credits.
6. No Adjustments.
7. No Charge Backs.
8. I hereby unconditionally authorize all charges made by Collar City Auctions to the credit card provided for any item or items I bid on and am determined by Collar City Auctions, in its sole discretion, to be the high bidder now or at any time in the future and I hereby unconditionally agree not to dispute or attempt to disclaim any such charges whether part or full
made by Collar City Auctions pursuant to this Credit Card
Agreement and or leave the site without making payment in
full.
9. I acknowledge and understand that charges on my
Credit Card Statement made pursuant to this Credit Card
Agreement may contain the name ?Collar City Auctions? on it.
10. I agree and acknowledge that I, the undersigned
Bidder, have read and understand this Credit Card Agreement and that I understand, write, speak and read the English Language. I further authorize Collar City Auctions to charge the credit card listed below for any and all charges permitted under this Credit Card Agreement, the Terms and Conditions of Auction Sale, and any other forms, terms of sale, or agreements between myself as Bidder and Collar City Auctions.
11. I acknowledge that the buyer?s premium of 7.9% will
be charged in addition to my bid price, plus applicable
sales taxes.
12. See Terms and Conditions of Auction Sale for
additional terms and conditions. I hereby acknowledge my
receipt and understanding of the Terms and Conditions of
Auction Sale.
13. The undersigned Bidder expressly agrees to be fully
and unconditionally bound by the terms above, as well as all terms and conditions contained in Terms and Conditions of Auction Sale, the bidder contract, and ALL other auction terms as may be applicable. I also unconditionally agree to be responsible for ALL COLLECTION COSTS ASSOCIATED WITH MY DEFAULT OF ANY TERMS OF THIS TRANSACTION, INCLUDING ALL ATTORNEY, AND COLLECTION AND COURT FEES.
6. TERMS OF SALE - NON-REAL ESTATE ITEMS (EXCLUDING
FIREAREMS):
a. Payment in full for all winning bids on non-real estate items must be made not later than at 5:00 pm EST the next business day. Time is of the essence. All payments shall be by cash, wire transfer, or certified funds only payable to ?Collar City Auctions Realty & Management, Inc.?
All bidding, invoicing, and payments will be in U.S. dollars ($) only. Full payment auction day within 30 minutes of auction by Cash, M/C, Visa, Discover, Debit Card or Check with Bank Letter of Guaranteed Payment. See Web Site for Additional Terms and Sample Bank Letter. 10% Buyer?s Premium Applies To All Online Purchases, Plus Applicable Sales Tax.
b. All purchases, excluding firearms, must be
removed not later than 48 hours post auction, unless being
shipped. No lot can be removed unless full payment has been received by Auction Company and a ?paid? receipt issued.
Removal shall be at the sole expense, risk and liability of the purchaser. Purchases may be removed only on
presentation of ?paid? receipt. Auctioneer shall not be
responsible for goods not removed within the time allowed,
but shall have the option at its sole discretion to remove
and/or store said goods and the costs associated therewith
shall be charged to the winning bidder. Auction Company
not responsible for rigging, packaging, damages, assistance
with loading, or shipping of any purchased items.
c. Conditions of articles sold: The auctioneer
shall not be responsible for the correct description,
genuineness, authenticity of, or defect in any lot, and
makes no warranty in connection therewith. No sale shall be
set aside nor allowance made on account of any
incorrectness, error in cataloging, or any imperfection not
noted. No deduction will be allowed on damaged articles.
All articles are available for inspection prior to the
auction, and are sold ?as is? and without recourse.
Articles are not warranted as to merchantability or fitness
for any particular purpose, and no claim may be made by
purchaser relating to the condition or use of articles
purchased, or for proximate or consequential damages arising
there from.
d. Safety devices: Articles purchased may not
incorporate approved activating mechanisms, operating safety
devices or safety guards, as required by OSHA or otherwise.
It is purchaser?s responsibility that articles purchased are
so equipped and safeguarded to meet OSHA and any other
requirements before placing such articles into operation.
e. Sale by estimated weight, count or measure:
Where items are sold by estimated weight, count or measure,
the purchaser will be billed for and required to pay for the
estimated weight, count or measure as announced when sold.
7. TERMS OF SALE - FIREARMS (When Applicable)
a. Payment in full for all winning bids on
firearms must be made no later than the following business
day at 5:00 pm EST. Time is of the essence. All payments
shall be by cash, wire transfer, or certified funds payable
to ?Collar City Auctions Realty & Management, Inc.? All
bidding, invoicing, and payments will be in U.S. dollars ($)
only.
b. All firearms sales are subject to all
applicable laws, rules and regulations, including the
requirements of the Federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. Firearms dealers participating in
any on-line auction service of Auction Company must be
Federal Firearms Licensees (FFL) and file proof of valid
licensure with Auction Company via email at
reception@collarcityauctions.com or via facsimile 518-895-
8152 prior to bidding. Pursuant to the Brady Handgun
Violence Prevention Act of 1993, all winning bidders of
firearms will be subject to the Federal Bureau of
Investigation?s National Instant Background Check System
(NICS) approval at the time of purchase. Do not bid if you
will not pass the NICS check. If you fail the NICS check,
you will be disqualified as a bidder on any firearms and
your bid will automatically be rejected. In such a case, the
firearm may be sold to the next highest bidder, to a third-
party, or returned to the seller, in the sole discretion of
the Auction Company. No refunds of any kind will be given
for failure to pass the NICS check. Firearms may be shipped
to an FFL of your choice after full payment, including
shipping and handling charges have been received by the
Auction Company. Otherwise, bidder, as purchaser shall pick
up firearms at the office of the Auctioneer provided
purchaser is a New York State Resident. New York Residents
must have a valid New York State Pistol Permit to Bid on
Handguns.
8. TERMS OF SALE - REAL ESTATE: (When Appllicable)
a. Anyone outside of the continental United
States bidding on real estate must submit a minimum deposit of $10,000 (US Funds Only) which will allow them to bid.
Deposit must be delivered to the Auction Company via wire
transfer no later than 48 hours before the auction sale.
b. All prospective bidders are strongly urged
to perform their own independent due diligence for each
parcel of real property they are considering bidding on and to engage counsel of their own choosing and to obtain and examine a title report regarding all real property bidder intends to bid on during the on-line auction. Seller and auctioneer make no warranties or representations, expressed or implied, written or oral, with respect to the state of title of any of the real properties.
c. If you are determined by the Auctioneer to
be the winning bidder on a property, your specified deposit will be immediately applied and credited to down payment. In addition, an additional mandatory buyer?s premium (add-on to bid price) at ?knockdown? auction day in cash, certified bank check payable to buyer. Balance of buyer?s premium due on, or before end of next business day at 5:00 PM EST at the office of the auctioneer, ?time being of essence?. There shall be a $100 per day late fee for failure to pay the full buyer?s premium by the deadline and shall continue to acrue until full buyer's premium has been received. Failure to pay buyer?s premium in full within 48 hours of payment deadline may, at the election of the Auction Company and/or Seller, result in bid being voided and property may be sold to back-up bidder or other 3rd party or removed from the auction, in the sole discretion of the auctioneer. Balance of purchase price must be paid at closing on or before vertised/posted closing date. All payments must be in the form of a wire transfer, certified bank check made payable to buyer, or cash. Wire transfer fees shall be paid by the purchaser. This is a cash sale and is not contingent on the
buyer?s ability to obtain financing. By bidding, bidder is
making an irrevocable offer to purchase. Deposits paid or other amounts paid by bidder are not considered an ?option? payment. You are agreeing to consummate the purchase when you place your bid for the property. If you are not certain that you want to purchase the property, do not bid on it. If you have not inspected the property and desire to do so before purchasing the property, do not bid on the property.
If you are the winning bidder, no refunds or credits will be given due to property not meeting bidder?s expectations or for any other reason.
d. The deposit/down payment will be considered
an earnest money deposit for the property and will not be
refunded under any circumstances. Buyer?s premium will not
be refunded under any circumstances. If you have provided a
cashier?s check or a personal or company check for your
earnest money which has been returned for any reason,
including but not limited to, being declared ?NSF?, being
drawn on a closed account, being fraudulent, or having a
stop order placed on it, you are not eligible to participate
in any bids and may not participate in any auctions
conducted by auctioneer. If despite this notice you appear
at the auction or submit a bid online, your bids will be
disregarded and the other bidders will be informed that you
are not eligible to participate in the auction and to
disregard your bids.
e. Successful bidders must have adequate
financial resources to fulfill bid commitments. If you
successfully bid on real property, you contract to purchase
the property for the bid amount. By placing a bid on real
property in the auction you are representing to auctioneer
and the seller that you have adequate cash or financing in
place to purchase the property at the bid price and pay all
associated costs, fees, etc., that you have performed
adequate due diligence with regard to the property or
expressly waive the right to do so. By participating in the
auction, you acknowledge that auctioneer and the seller are
relying on your representation of sufficient funding. You
further acknowledge by your participation in the auction
that auctioneer and the seller will be injured if you are
unable to close for any reason, including losses associated
with marketing and conducting the auction.
f. The successful bidder of real property shall
immediately execute a non-contingent ?Auction Real Estate
Purchase Contract? for each property on which the bidder is
successful as declared by the auctioneer. Copies of the
?Auction Real Estate Purchase Contract? are available for
review prior to the auction at the auction information
office or by calling the auctioneers.
g. Special note: A buyer?s premium fee, as
specified, will be added to the final bid amount on each
parcel of real property sold. The bid amount plus the
buyer?s premium and administrative fees, if any, equals the
final purchase price.
h. Closing: All properties must close on or
before advertised/posted date unless otherwise agreed to in
writing by the auctioneer. Seller shall pay all current ad
valorem taxes, condo fees, or other fees or assessments
assessed against the property up to the date of closing.
i. Buyer?s note: Any person attending the
auction (whether a bidder or not) is a guest of the Auction
Company and subject to removal by the Auction Company at its
discretion. On the day of the sale, no modification to the
form of the contract will be accepted. The failure to
execute the contract in the form presented may result, at
seller?s option, in a voiding of the winning bid and the
sale of the property to the next high bidder or other 3rd
party, or placement of the property back in the auction
j. Auctioneer reserves the right to add or
delete any property from this auction or to alter the order
of properties presented during the auction.
k. All properties sell ?as is-where is? with no
warranties expressed or implied. Property will be conveyed
by "QUIT CLAIM". An owner?s title policy may be obtained by
the purchaser and shall be an expense of the purchaser, but
will not delay the final payment due or transfer of title.
The information set forth in every advertisement or
publication regarding this auction sale has not been
independently verified by seller or auctioneer. Its accuracy
is not warranted in any way, including, but not limited to,
information concerning ownership or condition of any
building, well, septic system, or any other appurtenances
located upon, in or at the property, presence or absence of
utilities, subsurface conditions, presence or radon gas,
presence or absence of lead-based paint, tenant or lease
information, zoning, easements, encroachments, dimensions
and acreage of parcel, square footage of improvements, and
all photographs. Buyer agrees that they are not relying on
any information provided by the auctioneer or seller in
deciding whether to bid on the property. There is no
obligation on the part of seller or the auctioneer to update
this information.
l. The Sellers, Auction Company, Auctioneer(s)
and their Agents do not have any liability whatsoever for
any oral or written representation, warrants or agreements
relating to the property (including information appearing in
the auctioneer?s brochures, advertising, web site, or other
marketing materials or announcements made at the time of the
auction) except those of the seller(s) as expressly set
forth in the ?Auction Real Estate Purchase and Sale
Contract.?
m. There is no minimum starting bid required on
any property, however, the seller reserves the right to
immediately accept or reject the high bid auction day. There
is no obligation on the part of the seller to accept any
backup bids in the event the high bidder fails to perform.
n. Agency disclosure: Auctioneer and all
licensees employed by or associated with auctioneer
represent the seller in the sale of these properties.
o. Disclaimers:
1. The property will be sold by seller
to buyer on an ?as is, where is, and with all faults? basis.
Buyer accepts all faults of the property whether known or
unknown, presently existing or that may hereafter arise.
Buyer acknowledges and agrees that the seller and the
auctioneer have not made, does not make and specifically
negates and disclaims any representations, warranties,
promises, covenants, agreements or guarantees of any kind or
character whatsoever, whether expressed or implied, oral or
written, past, present or future, or, as to, concerning or
with respect to: (i) the value, nature, quality or condition
of the property or any building, structures, appurtenances
thereto or thereon, including, without limitation, the
water, soil, geology, subsurface conditions, dimensions,
acreage, location, age thereof; (ii) the income to be
derived from the property; (iii) the suitability of the
property for any and all activities and uses which buyer may
conduct there from; (iv) the compliance of or by the
property or its operation with any laws, rules, ordinances
or regulations of any applicable governmental authority or
body; (v) the habitability, merchantability, marketability,
profitability or fitness for any particular purpose of the
property; (vi) the manner or quality of the construction or
materials, if any, incorporated into or existing on the
property; (vii) the manner, quality, state of repair of the
property; (viii) the existence of any view from the property
or that any existing view will not be obstructed in the
future; or (ix) any other matter with respect to the
property, and specifically, without limitation, that neither
the seller nor the auctioneer have made, does not make, and
specifically disclaims any representation regarding
compliance with the Americans with Disabilities Act or with
any environmental protection, pollution or land use laws,
rules, regulations, orders or requirements, including solid
waste (as defined by the U.S. Environmental Protection
Agency Regulations at 40 C.F.R., Part 261), or the disposal
or existence, in or on the property, of any hazardous
substance (as defined by the Comprehensive Environmental
Response Compensation and Liability Act of 1980, as amended,
and regulations promulgated there under), zoning, local law,
or any other judicial or statutory requirements,
restrictions, obligations, or other regulation of any kind
that may be applicable to the property, or any building,
structures, appurtenances thereto or thereon.
2. Buyer further acknowledges and
agrees that having been given the opportunity to inspect the
property from either walk through or drive by, buyer is
relying solely on buyer?s own investigation of the property
and not on any information provided or to be provided by
seller or broker or auctioneer. Buyer further acknowledges
and agrees that any information provided by or on behalf of
seller with respect to the property including, without
limitation, all information contained in any property
information package previously made available to buyer by
seller and broker was obtained from a variety of sources and
that seller and broker and auctioneer have not made any
independent investigations or verification of such
information and make no representation as to the accuracy or
completeness of such information. Bidder acknowledges that
seller and auctioneer and their employees, agents,
affiliates, and associates reserve the right to place bids
on properties up to the sellers? reserve price, if desired,
at their sole discretion. Purchaser understands that sellers
shall not tender bids above its reserve price.
3. Seller and auctioneer and their
employees, agents, contractors, officers and directors shall
not be liable or bound in any manner by any oral or written
statements, representations or information pertaining to the
property, or the operation thereof, that is furnished by any
real estate broker, agent, employee or other person. Seller
makes no representations or warranties with respect to the
physical condition or any other aspect of the property,
including without limitation the structural integrity of any
improvements on the property, the conformity of the
improvements to any plans or specifications for the property
that may be provided to buyer, the conformity of the
property to applicable zoning or building code requirements,
the existence of soil instability, past soil repairs,
susceptibility to landslides, sufficiency of under shoring,
sufficiency of drainage, or any other matter affecting the
stability or integrity of the land or any buildings or
improvements situated thereon.
4. Buyer and anyone claiming by,
through or under buyer, hereby fully and irrevocably release
seller and broker and auctioneer and their respective
employees, officers, directors, representatives and agents
from any and all claims that buyer may now have or hereafter
acquire against seller and broker, their employees,
officers, directors, representatives and agents for any
cost, loss, liability, damage, expense, demand, action or
cause of action arising from or related to any construction
defects, errors, omissions or other conditions, including
environmental matters, affecting the property, or any
portion thereof. This release includes claims of which buyer
is presently unaware or which buyer does not presently
suspect to exist in his favor which, if known by buyer,
would materially affect buyer?s release of seller and broker
and auctioneer. It is understood and agreed that the
purchase price has been adjusted by prior negotiation to
reflect that the property is sold by the seller and
purchased by buyer subject to the foregoing.
5. Buyer assumes entire responsibility
and liability for any claim or actions based on or arising
out of injuries, including death, to persons or damages to
or destruction or loss of property, sustained or alleged to
have been sustained by buyer, its agents, principals and/or
employees, in connection with or to have arisen out of or
incidental to the auction, including but not limited to the
performance of this contract, regardless of whether such
claims or actions are founded in whole or in part upon
alleged negligence or negligent misrepresentations of
seller, auctioneer, or the employees, agents, invitees, or
licensees thereof. Buyer further agrees to indemnify and
hold harmless seller, auctioneer and their representatives,
and the employees, agents, invitees and licensees thereof in
respect of any such matters and agrees to defend any claim
or suit or action brought against seller, auctioneer, and
employees, agents, invitees, and licensees thereof.
6. The Auctioneer reserves the right to
withdraw from the sale any of the items, to sell items not
listed, to group or subdivide one or more lots, or to sell
all the items listed in bulk. Items are generally sold to
the highest bidder but some may be subject to the seller?s
right of confirmation. The Auctioneer has the right to
reject any nominal or fractional bid which he believes may
negatively affect the sale. The Auction Company may amend,
change, modify, discontinue or suspend any aspect of the
auction sale without notice and without liability to
prospective bidders. Additional terms and conditions of
sale may be added and will be announced and/or posted on the
premises prior to the Auction.
7. By pressing ?Submit? and submitting your request to
register as a bidder for the on-line auction. Bidder as
purchaser acknowledges receipt of these Terms and Conditions
of On-Line Auction Sales and unconditionally agrees to be
bound by the terms and conditions herein as a condition of
bidder registration.
8. Please call our office at (518) 895-8150 with any
questions.
By Registering to bid you unconditionally agree to be bound
by the terms and conditions contained herein as well as any
additional auction terms.