Auction Terms & Conditions Terms Of Sale
THIS IS AN INTERNET ONLY AUCTION!
AUCTION CLOSING DATE: September 13, 2021 @ 7:00 P.M.
LOCATION: 328 East North Avenue East Palestine, Ohio 44413
Preview: September 13, 2021 from 4:00 - 6:00 P.M.
Pick Up: September 15, 2021 from 3:00 - 7:00 P.M.
- All winning bidders will be sent a link to schedule their pick up time on the day and within the timeframe designated. Please follow that link and do so as all who schedule their time will be waited on first and those who show up randomly will be asked to wait. This change is in an attempt to make pick ups faster, easier and less stressful for all involved.
TERMS AND CONDITIONS FOR THIS AUCTION (REAL ESTATE): (please note terms and conditions may be different for each auction and are subject to change)
THIS AUCTION IS "AS IS", "WHERE IS" WITH NO CONTINGENCIES - Bidders must do all of their due diligence (home inspections, appraisals, etc.) prior to the end of the online bidding. The Sales Contract will not contain any contingencies for these matters. This property is sold AS IS, WHERE IS, and is not subject to any financing.
POSSESSION: The seller is maintaining a 30 day possession after closing.
BUYERS PREMIUM: There will be a 10% buyers premium added to the sale price to constitute a contract price.
REGISTRATION: Proper and complete online registration is required to bid. All bidders must provide name, address, phone number, and email address to register. A credit card (MC, Visa or Discover) is required to actually place a bid on the property. The credit card will be validated before bidding access is granted, but is not a recognized form of payment of the deposit or purchase price. Should a Winning Bidder fail to complete the contract signing process, the required deposit will be charged to the credit card provided at registration. By registering, all bidders acknowledge having read and agree to be bound by the Auction Terms and Conditions. Bidders may register prior to, or during the bidding period.
BIDDING ONLINE: The only way this property may be purchased is via online bidding during the published bidding period. (If you need assistance placing a bid or prefer to submit a bid in person, please call our office for assistance. 330-227-3236 ext. 109) To place a bid, bidders enter their "maximum" bid and click the "Place Bid" button. Each time that bidder is outbid by another bidder, the system will automatically bid on their behalf at the established bid increments up to their maximum. In the case of an auction with a reserve, if the max bid amount entered is less than the reserve, the system will place the bid at the max amount. Once the reserve is met, then the system will advance the bid (by the bid increments) only when the bidder is outbid by another bidder, up to the bidders max. The system will not advance a bidder's own bid. Online-only auctions utilize the "Soft Close" feature that automatically extends the bidding time if a bid is received in the last 5 minutes of the published bidding period. The extensions will continue until 5 minutes have lapsed without any bidding activity, at which time the auction is concluded.
FINANCING: Financing is not a contingency of sale in this offering. Therefore, it is strongly recommended that potential bidders ensure in advance that they are able to obtain the necessary financing to close the transaction.
CONTRACT SIGNING: At the conclusion of the auction the Winning Bidder(s) will receive an email confirming his or her winning bid status. The seller will then be contacted by the auction company to arrange the signing of all purchase documents required, this may be done by email. All documents must be signed and down payment made within 48 hours of the end of the auction.
Note: property-specific purchase documents are available prior to the auction end date and any professional reviews of such documents should be undertaken PRIOR to bidding. All final bids are subject to Seller's confirmation, unless advertised otherwise. Any property with a high bid exceeding the Seller's reserve will be declared "sold" by the Auctioneer. In instances where the seller's reserve was not met in the auction, the signed contract and accompanying deposit will be presented to the Seller for approval, which shall be given or denied in the Seller's sole discretion within 2 business days. If approval is denied, all documents and the deposit will be returned immediately.
DOWN PAYMENT (DEPOSIT): The Winning Bidder shall be required to make an earnest money down payment equal to 10% of the contract price in the form of a check, cash, wire transfer or money order. This deposit must be made within 48 hours of the bidder being declared the Winning Bidder. Winning Bidders whose documents and deposit are not received within the required timeframe are subject to having their bids removed and the property offered to the backup bidder.
CLOSING: The Winning Bidder shall close within 30 days of the auction date, unless stated differently in the Purchase Agreement.
SURVEY: Seller shall pay for a survey if one is deemed necessary for recording. Any surveys requested by the buyer or their agents shall be at the cost of the buyer.
REAL ESTATE TAXES & ASSESSMENTS: Taxes will be prorated to day of closing.
EASEMENTS AND LEASES: Sale of said property is subject to any and all easements of record and any and all leases. If the property is being rented the rents will be prorated to date of deed.
AGENCY: Baer Auctioneers - Realty, LLC. and its representatives are Exclusive Agents of the Seller.
BROKER PARTICIPATION: A referral of 1% of the high bid will be paid to any properly licensed Broker who registers a successful buyer according to the appropriate Broker Participation Agreement. This form is available from the Auction Company and must be completed and returned no later than 48 hours prior to the auction end date.
DISCLAIMERS AND ABSENCE OF WARRANTIES: The information in the auction advertising was obtained from sources believed to be accurate, but is subject to verification by all parties relying on it. All sketches and dimensions are approximate. No liability for its accuracy, errors or omissions is assumed by the Seller or the auction company. All bidders are responsible for conducting their own inspections, investigations, inquiries and due diligence concerning the property. The property is being offered on an "AS IS", "WHERE IS" basis and no warranty or representations, expressed or implied, is made by the Seller or the auction company. All information contained in the advertising and all related materials are subject to the terms and conditions outlined in the purchase agreement. The Auctioneer reserves the right to bid on behalf of the Seller up to, but not beyond the Seller's reserve (if applicable).
PRE-AUCTION SALES: The sellers have agreed that all offers are to be made via the online auction process and no offers will be looked at until the listed date and time of the auction ending.
THIS IS A WITH RESERVE AUCTION: Auction company hereby reserves the right bid on behalf of the seller.
PERSONAL PROPERTY TERMS
TERMS AND CONDITIONS FOR THIS AUCTION: (please note terms and conditions may be different for each auction and are subject to change)
1. REGISTRATION: Bidders must enter a valid Visa, MasterCard or Discover card along with required contact information. There will be a $1.00 charge to your card for verification that will be refunded.
2. BUYERS PREMIUM: A 10% buyer's premium will be added to each purchase. If you bid $100.00 you will be charged $110.00 upon invoicing at auction close.
3. SALES TAX: SALES TAX WILL NOT BE COLLECTED.
4. PAYMENT: Your credit card on file will be automatically charged the morning after the conclusion of the auction for the entire amount of your purchase(s) (unless otherwise indicated on large ticket items). Be sure to have an available balance on your credit card for your online purchases. Baer Auctioneers - Realty, LLC. has the right to deactivate any bidder's account or cancel the bids of any bidder, for any reason, at their sole discretion as all of our online auctions are "With Reserve" auctions.
5. REMOVAL: This is an ONLINE ONLY AUCTION. DO NOT BID IF YOU ARE NOT ABLE TO PICK UP YOUR ITEMS DURING THE INDICATED REMOVAL TIME(S). NO REFUNDS OR CHARGEBACK'S WILL BE GRANTED. After the scheduled removal, items left will be considered abandoned. The amount of your purchase will be surrendered as a removal fee up to the total amount of your purchase for disposal of your item(s). IN CASE OF AN EMERGENCY, please call the main number at 330-227-3236 to inform the auction company as any items you leave at the pick-up are considered abandoned and ownership reverts back to the Seller.
6. SHIPPING: Shipping services are not guaranteed. We DO NOT bring furniture or large items back from remote locations unless specific arrangements have been made PRIOR to bidding. If you would like to arrange shipping, you must first call and get written confirmation we will ship the item. Our shipping fees are $10 for handling plus the cost of the box and packing materials, actual shipping and insurance fees. This only applies to items that we can easily pack and ship, not large or hazardous items. We seldom ship and if agree to do so, we will ONLY ship to the billing address of the credit card and you must pay for "signature acceptance."
7. PICKUP OF ASSETS: Bidders are responsible for their own removal. The auction company staff does not provide moving services or tools. Please be prepared to move all of your purchases by yourself or bring your own help. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location. Buyer authorizes Baer Auctioneers - Realty, LLC. to release buyer's assets to any individual in possession of the buyer's sales receipt. Bidder further agrees to be held personally responsible for all purchases made on their bidder number, and agrees that bidder will not charge back items which are not picked up during the published removal times. If you present a hazard to yourself, the building or others at the auction you may not be permitted to move items. Buyers may be required to produce ID for various security reasons. Please have your ID with you at all times. All Buyers accept that pickup may be electronically recorded and monitored.
8. BIDDING ERRORS: We will not reverse bids that have caused another bidder to be outbid. Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids before submitted. If you bid on the wrong item we will not reverse your bid. We will not reverse bids after the auction has begun to close, no exceptions.
10. CUSTOMER COMMITMENT: We appreciate all of our customers and their continued business. If we have to move your items off premise the Seller(s) will be responsible for paying our handling fees and they will be charged to the buyer. We want everyone involved to have a good experience and ask that all buyers abide by these terms and conditions.
11. BIDDING PROCEDURE: If you are immediately outbid when you place your bids, then you are likely bidding against a maximum bid.. Buyers use maximum bids as they have seen the convenience and do not risk missing the opportunity by placing only real time bids on items. While the auction is closing click on the FLASHING LIVE CATALOG link to see the lots closing in order with auto refreshing. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a gross error you must immediately contact our office by email at firstname.lastname@example.org or call 330-227-3236. Communication of the error does not in itself resolve the error. Baer Auctioneers - Realty, LLC. will attempt to address the bidding error.
12. AUCTION CLOSING: The online auction closes at a rate of 1 item every 20 seconds. This feature works great with the auto-extend (soft close) feature to closely emulate a 'live' auction. If a bid is placed within the last two minutes of an items closing time, that item will extend a full two minutes as to allow an bidder that has been outbid the chance to bid again and will repeat until no bid has been placed within the last two minutes. If you have been outbid you will be notified by email up to the time that the auction begins to "close".
13. WINNING BIDDER NOTIFICATION: You will be contacted by email ONLY (you are responsible for checking your email). If you feel you have won an item and have not received an email you must notify us by email no later than 9 AM the next day. If you do not receive a paid email invoice then you did not win any items at the online auction. NOTE: it takes time to process invoices so plan on up to 2 hours after auction close to receive your invoice.
14. NON-DELIVERY: In the event an item is not available for pickup, the buyer must notify our onsite staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, the Auctioneer and buyer agrees that there is no grounds to claim non-delivery of item.
15. AUCTION DESCRIPTION: Please inspect the lot numbers and read the descriptions. You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed. The photo may also depict other items that are not included. Always read the item description. VEHICLE INSPECTIONS: As a condition of referencing any inspection report provided, Bidders are responsible for their own physical inspection. Any documented inspection or description is opinion, not fact and does not constitute a warranty of any kind.
16. WARRANTY & CONDITION OF ITEMS SOLD: All items are sold "AS IS, WHERE IS, with NO WARRANTY expressed or implied. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. Baer Auctioneers - Realty, LLC. is not responsible for the use or misuse of items, infestation and pathogens, environmental harm or any injury or harm caused by items purchased.
17. BUYER DEFAULT: If a bidder(s) defaults at an auction, the auction company may, at its option, contact the backup bidder(s) for an offer but has no legal obligation to do so.
18. FIREARMS: Buyers must pass all required background checks and take possession of firearms at our FFL licensed office of record: 45625 St Rt 154 Rogers, OH 44455. Our policy is that we will not sell firearms to individuals that are not at least 21 years of age at time of transfer. Any firearm sales are subject to strict ATF Rules. Buyers information MUST match the registration information as there are strong "straw buyer" rules enforced by the ATF. Buyers that do not pass the background check will not be refunded however the firearm will remain in the possession of Baer Auctioneers - Realty, LLC and will be sold at the next Consignment Firearms Auction. Buyers also are responsible to return to our facility at their own expense if the NICS background check requires a waiting period or "hold". If a bidder of a firearm also buys ammunition, the ammunition must be brought back to our gallery with the firearm(s) and will only be released after the individual passes the required check - per AFT rules. No gun will leave our facility without the federally required trigger lock. For complete information see the ATF website.
19. DAMAGE: Any damage caused by a buyer during the preview, or during the period of removal is at the expense of the Buyer. Their information will be given to the Seller upon request and they will be held liable for any damages.
20. CHOOSE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our Seller(s) are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.
21. RESERVE AUCTION: All Baer Auctioneers - Realty, LLC. "online auctions" are "Reserve" auctions. Therefore the auction company reserves the right to establish or change bidding increments, remove items from the auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an individual item and or auction event. Suspend or cancel the bidding of any buyer at any time. Change, modify, delete or add to descriptions, photos. Change auction closing time, inspection or removal times. Rescind the sale of any or all items regardless of high bid upon auction conclusion. Baer Auctioneers - Realty, LLC. permits the registration and bidding of any party as long as they meet the registration requirements and terms and condition including sellers, members, owners, employees and associates of Baer Auctioneers - Realty, LLC. The auction company is not responsible for technical or communication problems, website outages, browser incompatibility or any connectivity issues. Items for sale by court ordered Bankruptcy are subject to the approval of the appointed Trustee and Bankruptcy Court.
22. LIABILITY: Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price.
23. PRIVACY: Baer Auctioneers - Realty, LLC. will not sell bidders information. Bidders who register consent to be contacted or emailed auction notifications for all Baer Auctioneers - Realty, LLC. auction events. To be removed from our database, reply with "remove" in the subject line of the email. You do not need to subscribe to our email list if you are a registered bidder. If you wish to re- subscribe, simply enter your email into the "subscribe email field" at our website. NOTE: NEVER GIVE YOUR PASSWORD AND BIDDER NUMBER OUT TO ANYONE. IF YOU FORGET REGISTRATION INFORMATION, CLICK ON THE "REGISTER" TAB AND FOLLOW THE DIRECTIONS FOR A LOST BIDDER NUMBER OR PASSWORD.
24. LIMITATIONS: The above-stated terms and conditions of sale cannot be altered except in writing by the auction company. Terms and conditions may change from auction to auction and are agreed to electronically by bidders upon registration. Terms and conditions are designed as general guidelines and may not cover every possible scenario. Baer Auctioneers - Realty, LLC. is not responsible for the fraudulent or unauthorized use of your bidder number and bidding account. Bidders are responsible for the security of same. If you feel someone may possess this information, it is suggested that you change your password immediately. Buyers agree that they have reviewed and agree to all terms and conditions of the auction. These terms and conditions constitute an enforceable and binding electronic agreement upon their electronic acceptance by the Bidder. Online auctions is conducted via the website entitled
http://baerauctions.hibid.com/auctions/current/, Baer Auctioneers - Realty, LLC. 45625 St Rt 154 Rogers, OH 44455 - 330-227-3236 -- email@example.com -
Seller User Terms
Bidder User Terms