Terms and Conditions of the Auction Sale
Auction: 14885 Hwy 46 Heflin, AL 36264
Please carefully read these Terms and Conditions. This document describes the Bidder/Purchaser’s responsibility and many disclosures the Bidder should be aware of. Failure to read and understand these Terms and Conditions is a failure of the Bidder/Purchase and not an excuse to void a bid placed or a contract signed by the Bidder/Purchaser. All sales are final.
Southern Auction Solutions, Ron Young Auctioneer, Al #5390, Southern Auction Solutions staff will hereby be known throughout this document as “Auction Company”.
“As Is” “Where Is”
- Due Diligence – It is the Bidder/Purchaser’s responsibility to examine the property they are bidding on independently. We have disclosed any known defect with any of these properties. We believe the information provided is factual but not guaranteed. We strongly urge you to perform your own study of the property before placing a bid.
- The information provided in the property information package in regards to the size of the property, or any other factors are estimates only used for the convenience of the Bidder/Purchaser unless confirmed by recent survey. Auction Company is not responsible for exact size amounts.
- All information is believed to be either estimates or to be accurate, neither the descriptions nor any oral statements made by the Auction Company, shall be construed as a warranty, either expressed or implied. I the Bidder/Purchaser have inspected the property I am bidding on and accept it and any and all faults.
1. Purchase Contract: The property is offered under the specific terms provided in the Real Estate Sales Contract. A sample Real Estate Sales Contract is available at www.SouthernAuctionSolutions.com for the property. The entire property information package with the Real Estate Sales Contract is available at www.SouthernAuctionSolutions.com. Please download the Property Information Package to view.
a. Bidders will be manually approved for registration to bid online.
b. Deposit is 10% of the high bid. The deposit is due to the Auction Company within the specified time frame in the Real Estate Sales Contract after the online auction is concluded via wire transfer or cashier’s check.
Notice to Non-U.S. Citizens: All deposits must be arranged through wire transfers to Southern Auction Solutions. Non-U.S. Citizens’ Certified checks will not be accepted.
c. The winning Bidder(s) will be required to sign a binding, non-contingent Real Estate Sales Contract immediately following the auction sale.
d. Bidding Increments are as follows: Tracts 1, 2, 3, and 4 a minimum of $250.00; and tracts 4, 5, and 6 a minimum of $500.00 for the properties. However, this may change as the Auctioneer sees fit. Bidders may enter a higher amount but no bids below the bid increments set will be accepted.
THE BID AMOUNT THAT IS SHOWN AS THE HIGH BID IS WITHOUT A BUYER’S PREMIUM. ALL BIDS IN THE ONLINE BIDDING WILL HAVE A 10% BUYER’S PREMIUM ADDED TO DETERMINE THE FINAL SALES PRICE PLUS THE COST OF CLOSING.
2. Terms of Sale: At the conclusion of the auction, the winning Bidder(s) will be emailed or faxed a Real Estate Sales Contract to be executed and returned to Ron@SouthernAuctionSolutions.com and or fax to: 256-357-2323. Successful Bidders will deposit Ten Percent (10%) of the High Bid Price by wire transfer or certified check to the Auction Company, Southern Auction Solutions trust account with the Real Estate Sales Contract within 24 hours of auction conclusion. The entirety of the remaining balance is due at closing on or before 30 DAYS. This must be completed within 24 hours of receipt of the documents or the purchaser shall be in default.
3. Bidder Verification: Bidder must register to participate in the auction. Southern Auction Solutions will verify all Bidder registrations. If the Auction Company is unable to verify the Bidder and/or the Bidder does not comply with the online terms the bidding rights shall be terminated or extinguished without notice. The Auctioneer may require a proof of funds letter be submitted prior to or during bidder participation.
4. Buyer's Premium: A 10% Buyer’s Premium will be added to the bid price to determine the final sale price. Example:
Bid Price: $100,000
Plus 10% Buyers Premium: $10,000
Total Sale Price: $110,000
5. Bidding Format: BidWrangler (our bidding platform) and affiliated companies, utilize timed auction events in an online setting. You will need a continuous internet connection, high speed connection is recommended.
Our online only real estate auctions also include an auto-extend feature. Any bid placed within 2 minutes of the auction ending will automatically extend the auction for an additional 2 minutes from the time the bid is placed. A maximum bid can be placed on any property. For technical assistance please call 334-885-1787.
(Example:) If an auction scheduled to end at 4:00 p.m. receives a bid at 3:59 p.m., the conclusion of the auction automatically extends to 4:01 p.m. The auto-extend feature remains active until no further bids are received within the 2-minute time frame. The winning Bidder is the final Bidder whose bid has not been raised in the 2-minute time frame. The countdown clock on our web site is the time in which we will go by. In this auction all tracts will extend if a bid comes in within the last 2 minutes on any tract. Once all bidding has ceased the auction will close.
6. Auction Bid Default: In the event a winning Bidder fails to submit the executed Real Estate Sales Contract as well as the required earnest money deposit as provided in the Auction Terms, there may be remedies for the seller as a result of default, including, see Real Estate Sales Contract for specifics.
7. Closing: Closing will occur within 30 days of the auction. The Seller shall convey the property by Statutory Warranty Deed. The Seller shall pay for their prorated share of taxes. The Buyer shall be responsible for all other costs of closing and transfer. Buyer acknowledges that this sale is not contingent upon post sale inspections or financing approval. Any closing that is delayed beyond 30 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 down payment and will be held responsible for any costs incurred by either Auction Company or Seller from the resale of the properties, all legal claims will be properly filed in Cleburne County, in the State of Alabama.
8. Agency Disclosure: Southern Auction Solutions, Ron Young and all affiliates and partners represent the SELLER in ALL transactions.
9. Disclaimer: All information contained herein is believed to be correct. Accepting the Terms & Conditions you acknowledge you have read and understand them. The information is being furnished to Bidders for the Bidder’s convenience, and it is the responsibility of the Bidder to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the recipient’s risk. Each Bidder must conduct and rely solely upon their individual investigation and inspection. The property is being sold “AS IS, WHERE IS” with any and all faults. All properties are sold subject to any and all existing matters of record, all easements, and local zoning regulations. There are no contingencies for financing, appraisals, repairs, or inspections or any other requirements that may be required by a mortgage company. Please review all information supplied and seek appropriate assistance prior to bidding.
Bidder acknowledges that hardware malfunctions, software malfunctions, viruses and similar issues do occur and are beyond the knowledge, scope, and control of the Auctioneer. We are NOT responsible for your system malfunctions, connection to the Internet or your email stopping any of our emails to you in regard to bid confirmations and/or outbid notifications.
Read the descriptions and view photographs carefully. If you have any questions, please call the Auctioneer at 334-885-1787. Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. The property is sold AS-IS, WHERE IS; this is an AUCTION and all SALES ARE FINAL. Bids cannot be retracted and are binding contracts between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about the property and associated costs before bidding.
The starting bid is not the Reserve Price. Auctioneer reserves the right to reopen bidding. Auctioneer’s decisions will be final.
10. Changes, Alterations and Announcements: The Auctioneer reserves the right to deny any person admittance to the auction, to postpone or cancel the auction, to withdraw the property from Auction and to change or alter the terms of the Auction upon announcement prior to or during the course of the Auction sale, without prior notice.
11. Auction subject to Prior Sale: Auction subject to prior sale does not mean it is our intention or goal to sell the property before the auction OR that there is a listed price posted on the property. Southern Auction Solutions is legally bound to present any and all offers to the Seller at the time they are presented. Although we endeavor not to encourage pre-auction offers unless they are exceptional, we are obligated to present all of them, regardless of when, how or from whom they arrive. Although the intent is to auction the listed property, the ultimate goal is to sell the property for a price satisfactory to the Seller. If the property is sold prior to auction, the Auctioneer will do his best to give notice to all other interested parties.
12. **Disclosure***: Any items left in the home will be the winning Bidder’s. Southern Auction Solutions nor the Seller will be responsible for removal of items or cleaning of the home. Southern Auction Solutions nor the Seller will be liable or responsible for providing any ownership documents of any personal property which may or may not be found on the property.
13. Court Ordered Auction: This is a court ordered auction. While the court normally accepts the high bid as just, all sales and prices will be pending the approval of the court.
14. Deed Type and Transfer: In the Judge’s order to sell these properties he stated the type deed to be conveyed is a Statutory Warranty Deed, not a General Warranty Deed. If you have any concerns or questions please consult legal advice.
15. Auto Extend: If a bid is placed on a lot during the last two minutes remaining, the clock on all items will automatically be reset to two minutes. This behavior will continue until bidding has ceased on all of the items during the final two minutes. Once bids have ceased during the auto extend period, the auction will close. If you plan to bid/buy the entire tract you must be the high bidder on each individual tract. There will be no putting the property together and bidding again. You will be required to close on every tract in which you are the high bidder no matter whether you are the highest on all the tracts you wanted.
16. Disclosure for Tracts 4, 5, and 6: Ingress and Egress to Tract 6 is through Tracts 4 and 5. Ingress and Egress to Tract 5 is through Tract 4. Ingress and Egress is shared between both Tracts 5 and 6 through Tract 4. Said Ingress and Egress is a 40 foot- wide easement following the North South boundary of the West side of Tract 3. See Easement example under document tab for Tracts 4, 5, and 6.