Real Estate Auction - Billings MO

PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY. IF YOU HAVE NOT READ AND REVIEWED THE TERMS FOR SALE OF REAL ESTATE, DO NOT BID.
CONDITIONS OF SALE: The owner does warrant that they have good merchantable title to the real estate and that they will convey the same with a warranty deed, free from all encumbrances, liens or judgments at the time of closing.
ORDER OF SALE: Offering - The real estate shall be offered in one tract, as a whole by the dollar. Bid price + 10% Buyer's Premium = Contract price.
RESTRICTIONS: Subject to all City of Billings, Christian County, and State of Missouri laws, ordinances and regulations. Also subject to any and all restrictions, zoning and easements of and on record. Seller is placing no restrictions on the property. The owner does warrant that they have good merchantable title to the real estate and that they will convey the same with a warranty deed, free from all encumbrances, liens or judgments at the time of closing.
AUCTION CONTRACT: Please note that the Auction Contract you will execute within 48 hours of the close of the auction will be drawn up based on the manner in which you bid. You will be closing on property on which you are the successful bidder in the final manner in which you bid at the auction. Successful bidder not executing and returning the contract with earnest money deposit with in 24 hrs of the conclusion of the auction will be considered in default. In the event a winning bidder fails to submit the signed Contract for Sale of Real Estate and 10% of High Bid Price in earnest money deposit, the winning bidder will be
charged a penalty fee of $2,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by Advantage Auction and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate Advantage Auction reserves the right to sell to the second-highest bidder in the event the successful high bidder does not comply with the terms of the sale
REAL ESTATE BROKERAGE SERVICES DISCLOSURE: Advantage Auction represents the seller in this transaction. We do not represent the buyer in any manner, we must be completely loyal and faithful to our client. Advantage Auction. has an exclusive right to sell listing for this transaction. All negotiations must be conducted through Advantage Auction. is exclusive agent for the sellers in this transaction.

ADVANTAGE AUCTION INVOLVEMENT IN THIS CONTRACT: The seller and buyer hereby agree that Advantage Auction is a part of this contract and shall receive compensation as stated in agreement hereto or as stated in listing agreement hereby made a part of.
SPECIAL NOTES: All property is being sold “As Is, Where Is” with no warranty written or implied by Advantage Auction or by the sellers.
SPECIAL INSTRUCTIONS: Any special instructions must be written on sales contract today.
CLOSING COST: Seller will prepare a warranty deed. Seller agrees to furnish at Sellers expense an Owner’s Policy of Title Insurance in the amount of the purchase price. Seller and Buyer shall pay their share of the costs of closing.
CLOSING LOCATION/AGENT: Closing agent is, "TBD"
ESCROW: All monies collected with the contract will be placed in the escrow account of Hogan Title as listed herein prior to closing.
TAXES: Taxes will be prorated to the day of closing.
BUYER’S PREMIUM: A 10% Buyer’s Premium will be added to your final bid to equal the contract price..
TERMS: Real Estate – 10% of the (Bid price) Down today in Cash or Check, Balance due within 45 days. This transaction is not contingent on financing.
POSSESSION: Purchaser shall receive possession of property at closing.
CONFIRMATION: Selling subject to owner’s confirmation. Confirmation of the auction will be made no later than 48 hours after the auction ends.
LIQUIDATED DAMAGES: If buyer chooses not to close within stated time herein and no written extension has been granted by the seller, the buyer will forfeit all the deposit. If such action occurs, Advantage Auction hereby has the right to disperse the deposit as stated in the listing agreement and the buyer has no claims to such money or property being sold. Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost and additional cost of auction as not defined in this agreement. These liquidated damages do not restrict the seller from suing the buyer for performance damages and/or any additional damages the seller suffers by the default of the buyer.

All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the seller or the auctioneers. Personal onsite inspection of all property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public
information such as easements, restrictions, zoning, right-of-way, or any other information that can be obtained as public record in the Christian County Court House concerning subject properties. Any and all announcements made from the auction stand or online take precedence over all other verbal, printed, announced, internet and/or distributed information. Please note that you are buying the property “As Is, Where Is” with no guarantee or warranty.
Advantage Auction. is the agent of the seller and their fiduciary duties of loyalty and faithfulness are owed to their client (the seller).
Buyer(s) Initials ________________
Seller(s) Initials ________________

Personal property terms

1.Advantage Auction Service, LLC, (hereinafter referred to as Advantage Auction Team or AAT) is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly at any time, including the auction closing time. Under no circumstances shall Bidder have any kind of claim against AAT or anyone else if the internet service fails to work correctly before or during the auction closing time. AAT will not be responsible for any missed or failed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should place their maximum bids at least two hours prior to the auction closing time. AAT reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, AAT reserves the right to extend the closing times, change the extension time, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by AAT and Bidder receives an invoice. AAT reserves the right to cancel any or all sales and resell the items in whatever manner it chooses. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED AT THE SCHEDULED PICKUP TIMES LISTED. NO EXCEPTIONS!

2. A 10% buyers premium is added to all lots.

3. If a check accepted by AAT is returned for any reason, Bidder agrees that AAT may re-present it in person or electronically and collect the full amount of the check as well as a $35 charge. Any amount left unpaid shall accrue interest at the highest rate allowed under Missouri state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify AAT against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees to not stop payment on any check paid to AAT. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder's payment is honored.

3. AAT may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card or any other reason. Bidder hereby agrees that AAT may share information about Bidder's non-payment of auction invoices or shipping charges with other parties and may pursue collection of balances due by any legal means. Bidder agrees to provide any identification AAT may request including but not limited to: driver's license & state ID card. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.

4. Any/all Purchasers will be expected to rely upon his/her personal inspection or investigation of the property being offered at the Auction, or that of an approved party to Buyer, and not upon any representation of warranty or condition by the Seller or the Auction Company. Seller or Auction Company will, in NO WAY, be held responsible for any discrepancies, damage or loss of any property of the Buyer once the Auctioneer declares an item sold.