Auction Terms & Conditions Real Estate Auction Terms
Bidding Soft Closes at 7 PM, Wed, Aug 12
Commonly referred to as: 203 Furnace Street, Elberta, MI 49628
Showings and Open Houses will be conducted according to current regulations.
" The selling price of this property shall be determined by competitive bidding via online only auction.
" It is the Bidder's responsibility to read and fully understand all Terms and Conditions and property information prior to bidding.
" This auction is to be conducted by Epic Auctions and Estate Sale, LLC, hereinafter referred to as Auctioneer or Auction Company, on behalf of the owners of the property, hereinafter referred to as Seller.
" The terms Bidder and Buyer shall be defined as the individual or any company representing or represented by that individual, including any and all its agents, employees, representatives, officers, owners, members, or directors.
" Auctioneer is not responsible for acts or representations of Seller.
" Auctioneer reserves the right to update the Terms and Conditions and any property information at any time. Those will be effective immediately upon posting and the Bidder will be bound by those updated Terms and Conditions.
" The act of bidding shall constitute Bidder's acceptance of these Terms and Conditions in whole and individually. If any individual Term or Condition is later found to be unenforceable, Bidder agrees that all remaining Terms and Conditions shall remain valid and in full effect.
" Epic Auctions and Estate Sale, LLC, is acting solely in the role of Seller's Agent and are not acting as Agents of any potential Buyer and owe no fiduciary responsibility to anyone other than the Seller.
" Auction company staff and Seller's family members may bid on their own behalf with the intent to purchase and take possession of the property.
" Auction company reserves the right to bid on behalf of the seller up to any reserve amount.
" All bidders are encouraged to attend an Open House to inspect the property to their full satisfaction. If the Bidder is not satisfied with the condition of the property or they have any reservations about the bidding process, they are encouraged to discuss this with the auctioneer until they are satisfied or refrain from bidding.
" Any information provided in auction advertisements and bidder information packets was obtained from sources believed to be accurate but are subject to verification by any parties relying on such information. No liability for accuracy, errors, or omissions is assumed by Auction Company or Seller.
" Seller Disclosures for this property will not be provided as the Seller is a non-occupant fiduciary administering the settlement of the decedent's estate.
Real Property Information
" All properties are sold subject to any existing matters of record, all easements, and local zoning regulations.
" This property is sold "as-is" with no expressed or implied warranty provided by either Auctioneer or Seller.
" Specific property information is available either at the Epic Auctions and Estate Sales website or via email by request. Please read the property information on the listing and request a Bidder Information Packet.
" Auction Company assumes no liability or responsibility for any defects or deficiencies of the property, either known or not known by Seller.
" Bidder is expected to read and understand all available information regarding the property and to perform their own due diligence to be fully informed about the property prior to bidding.
" All bidders must provide their full legal name, mailing address, phone number, email address, and valid credit card information to register.
" All bidder identities will be verified to the satisfaction of the auction company. Any party that cannot be fully identified will have their bidder registration suspended and any bidding activity will be deleted.
" All bidders must be 18 years of age as of the date of bidder registration.
" Online bidder registration requires the submission of valid credit card information to be registered for a unique username and password.
" Online bidder identities will be kept confidential except to Auction Company staff and Seller.
" Auction company reserves the right to request proof of funds for the Earnest Money Deposit.
" Auction Company reserves the right to waive any or all registration requirements.
" Auction Company reserves the right to decline any registration or ban any registered bidder at any time.
" Bidding will be conducted online via online only auction.
" Soft close means bidding will extend until no bids are submitted during the extended bidding period.
" If after we say a lot has closed there is determined to have been an internet service interruption or online bidding software interruption in the final 2 hours of bidding, Auctioneer reserves the right to re-open the lot for further bidding. However, if there is no internet outage or service interruption, then we will consider "closed" to mean "Sold". Auction Company will contact the final bidder to confirm the lot is sold.
" Neither Auctioneer nor Seller are responsible for failure of Auction Company computer systems, Bidder's computer system malfunctions, failure of Bidder to receive email notifications, vendor platform failures, internet connections, or any other event that prevents Bidder from bidding or Epic from receiving said bids.
" There will be a Ten Percent (10%) Buyers Premium charged for this auction. This amount will be added to Bidder's final bid to determine the final sales price.
o As an example: If the Bidder's final bid is $100,000, the 10% buyer's premium will be added to this amount to arrive at the final offer price of $110,000. This final offer price will be the final price on which all transfer taxes and title insurance policies will be based.
" The high bidder, at the conclusion of the auction event, will receive a phone call confirming their final bid.
" The high bidder must meet with Auctioneer within 24-hours of the end of the auction to complete and sign the Purchase Agreement and deliver their earnest money deposit.
Earnest Money/Down Payment/Deposit for Real Property
" $10,000 deposit in the form of a certified bank check or wire transfer will be deposited with Auction Company within 24 hours after the completion of the auction. Winning bidders that fail to submit the fully executed Contract and earnest money deposit will be considered in default.
" Earnest money is 100% non-refundable.
" Earnest money will be held in Auctioneer's Trust account until closing.
" Remaining balance to be paid in full on or before 45 days after the auction at closing.
" Terms are Cash or Conventional Financing Only.
" There are no contingencies for financing, appraisals, repairs, or inspections or any other requirements that may be required by the mortgage company.
" Bidder is expected to have any needed pre-approvals in place for a mortgage, if necessary, prior to bidding.
" Proof of adequate funds for Earnest Money Deposit may be required at Auctioneer's discretion.
" All closing costs will be paid by the Buyer including title insurance, recording fees, title fees, and transfer taxes.
" Seller will execute a warranty deed conveying the property to Buyer at closing.
" Title Company and closing location will be selected by Seller.
" Buyer must close within 45 calendar days from the close of the auction.
" Seller will have up to 90 days from the date of official notice from the title company to clear any title defects that may be discovered prior to closing.
" Taxes will be prorated to the date of closing.
" Any closing that is delayed beyond 45 days without the written authorization of Seller and Auction Company due to any actions or inactions of Buyer or anyone working on behalf of Buyer, including lenders, inspectors, appraisers, etc., will cause Buyer to be considered to be in breach of contract. Buyer will forfeit all earnest money deposits and will be held responsible for any costs incurred by either Auction Company or Seller from the resale of the property.
" In the event of any dispute regarding the auction and subsequent transfer of this property, all legal claims will be properly filed in Eaton County, in the State of Michigan.
The information contained in this document is subject to verification by all parties relying on it. Though every effort has been made to gather accurate and correct information, neither the Seller nor Epic Auctions & Estate Sales assumes any liability for its accuracy, and/or any errors or omissions. Conduct of the auction and increments of bidding are solely at the discretion of the Auctioneer. The Seller and Selling Agents reserve the right to preclude any person from bidding if there is any question as to the person's credentials, fitness, etc.
All decisions of the Auctioneer are final.
Sale shall include 100% of the mineral, oil, water, and gas rights that may be owned by the Seller.
Neither Epic Auctions & Estate Sales nor the seller will discriminate because of Race, Creed, Color, National
Origin, Sex, Marital Status, Age, Handicap, or families with children.
Epic Auctions & Estate Sales is acting only as the Seller's Agent regarding the sale of this property.