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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 may 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 1.5% 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.
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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