Terms and Conditions for Real Estate
Please review this section carefully. In order to register and
receive a Bidder's Number, you must sign the Acknowledgement and
Acceptance of these Terms, Conditions and Procedures.
1. AUCTION REGISTRATION:
You may register anytime prior to Auction.
Registration will begin one (1) hour prior to each Auction. Registration
is required to become an eligible Bidder at each Auction. To register,
a prospective bidder must:
(a) Sign an acknowledgment that he/she has read and agrees to
be bound by the Auction Terms, Conditions and Procedures.
(b) At each Auction Registration, Bidder's will be required to
present a Cashier's Check or Certified Funds made out to themselves
in the amount of $10,000-(unless otherwise noted in the Auction
brochure) to receive a bidding number for the Auction that is
their intent to bid on.
(c) Provide his/her full name, residence/business address, telephone
numbers, e-mail address and driver's license number.
2. ESCROW DEPOSITS:
(a) The highest Bidder on each Property will be required to place
in escrow the Day of the Auction, a Cashier's Check or Certified
Funds (No Exceptions) in the amount(s) stated
in (1b)
(b) An additional deposit totaling 10% of the Purchase Price(s)
will also be due Auction Day in the form of a personal or business
check.
3. SALES CONTRACT:
The highest Bidder on each Property will be required to execute
the Auction Real Estate Sales Contract and Addendum immediately
following the conclusion of the Auction, with no exceptions, and
tender the escrow deposit(s) required.
4. CLOSING AND FINAL PAYMENT:
(a) The Balance(s) of the Purchase Price(s) will be due at closing
on or before 30 days after the execution of the real estate contract
containing the winning bid. Time is of the Essence.
(b) All Final Payments must be in the form of Wire Transfer, Cashier's
Check, or Certified Funds.
5. TITLE:
(a) The Seller(s) will guarantee title free and clear of all liens.
(b) The Seller(s) will provide an Abstract of Title or an Owners
Title Insurance Policy.
(c) The Seller(s) will convey Title by a Personal Representative's
or Trustee's Deed, subject to any existing deed restrictions,
easements, conditions and other reservations and exceptions of
record.
6. BUYER'S NOTE:
(a) A Buyer's Premium of 10% will be added to the final bid price(s)
and it will be included in the Total Contract Price(s). Check
each individual auction for Buyer's Premium.
(b) The Auction Real Estate Sales Contract(s) will be a non-contingent
Contract and will not be subject to financing of any kind.
(c) The Seller(s) and Homes To Ranches Realty, Inc., their representatives,
agents, and sub-agents, assume no liability for errors or omissions
in the Property listing or advertising or promotional/publicity
statements and material. Neither Homes To Ranches Realty, Inc.
nor the Seller(s), their Agents and Sub-Agents, have any liability
whatsoever for any oral or written representations, warranties,
or agreements relating to the Property except as expressly set
forth in the Auction Real Estate Sales Contract(s).
(d) The Property(ies) will be sold "As Is", "Where
Is" and with all faults, with no warranties expressed or
implied. All Bidders are encouraged to inspect the Property(ies)
prior to each Auction.
(e) Homes To Ranches Realty, Inc. and all Licensees employed by
or associated with the Seller(s) represent the Seller(s) in the
sale of these Properties.
(f) Competitive bidding is an essential element of an Auction,
and such an Auction should be conducted fairly and openly with
full and free opportunity for competition among Bidders. Any conduct,
artifice, agreement, or combination the purpose and effect of
which is to stifle fair competition and chill the bidding, is
against public policy and will cause the Auction to be set aside.
(g) Subject to Additions, Deletions and / or Prior Sale.
7. ANNOUNCEMENTS:
All announcements made from the Auction Block will take precedence
over all previously printed material and any other oral statements
made. In the event of a dispute over any matter, the Auctioneer
shall make the sole and final decision and will have the right
either to accept or reject the final bid or re-open the bidding.
8. ABSENTEE/WRITTEN/TELEPHONE BIDS:
Absentee Bids will be accepted, subject to all terms and conditions
of the Auction. Interested bidders must obtain, tender Escrow
Deposit and sign the proper forms by contacting Homes To Ranches
Realty Inc.
9. PURCHASER DEFAULT:
If the purchaser fails to comply with any of these Auction Procedures,
Terms and Conditions, the Seller(s) will retain the Escrow Deposit
as liquidated damages and not as a penalty.
10. REPRESENTATIONS:
All information was derived from sources believed to be correct,
but is not guaranteed. Prospective Purchasers shall rely entirely
on their own information, judgment, and inspection of the Property
and records. Neither Seller(s) nor Homes to Ranches, Inc. makes
any representation or warranties as to the accuracy or completeness
of any information provided. All sizes, dimensions, drawings are
approximations only.
11. BROKER PARTICIPATION:
A Florida Licensed Real Estate Broker will receive 2% as commission
whose prospect successfully closes on a Property. To qualify for
a commission, a Florida Real Estate Broker must register his/her
prospect on a Broker Registration Form and send to Homes To Ranches
Realty Inc. at 2455 NW 44th Ave. Ocala, FL 34482 or via facsimile
at (352) 732-7998 no later than 48 hours prior to each Auction.
The Form must be countersigned by the prospect. The Florida Real
Estate Broker must attend and register with the prospect at the
Auction. Brokers/Agents acting as principles are not eligable
for this commision.
12. SELLING PRICE:
The selling price of each Property shall be determined by competitive
bidding at each Auction. The Property(ies) to be sold subject
to Seller's approval.
13. ACCEPTANCE AND ACKNOWLEDGMENT:
The Undersigned Bidder acknowledges that he/she has read and understands
these Auction Procedures, Terms and Conditions and agrees to be
bound thereby.
Bidder's #:
Bidder's Signature:
Date:
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