211 Arthur Heights, Middlesboro, KY 40965
Auction Terms & Conditions Noel Auctioneers & Real Estate Advisors 1478 Alton Rd. Lawrenceburg, KY 40342 (859) 612-9175 info@Noelauctioneers.com TERMS AND CONDITIONS REAL ESTATE ALL BIDDERS MUST READ THESE TERMS BEFORE BIDDING. BY BIDDING ON THE AUCTION, YOU ACKNOWLEDGE YOU HAVE READ AND AGREE TO THESE TERMS. IF YOU ARE THE HIGH BIDDER, YOU ARE REQUIRED TO CLOSE ON THE PROPERTY. **** IN ORDER TO BID ONLINE, YOU MUST SEND AN EMAIL 48 HOURS PRIOR TO AUCTION TO INFO@NOELAUCTIONEERS.COM. EMAIL INFO@NOELAUCTIONEERS.COM FOR MORE INFORMATION! **** Successful bidders will mail or wire the contract price as earnest money along with a signed real estate contract. Buyer will owe the remaining balance at closing. A 10% buyer's premium will be added to high bid to arrive at the contract price. If the winning bid is $5,000.00 or less, the winning bidder will pay the full contract price as their earnest money. *** All REGISTERED BIDDERS will be charged $1.00 to authorize their credit card upon registering for the auction. This $1.00 is just a hold and it will be refunded onto your card. *** *** Noel Auctioneers & Real Estate Advisors registered bidder for a bank letter of credit prior to or during the bidding period. The bidders account may be suspended or turned off if the bank letter of credit is not received. Noel Auctioneers & Real Estate Advisors may ask for the bank letter of credit on a per bidder and/or per property basis. *** *** Noel Auctioneers & Real Estate Advisors shall have the permission and authority to charge 10% (with a cap of $5,000.00) of the high bid on a specific property to the credit cards of any active bidders on that specific property. This will only apply to bidders who are participating on the last day of the auction. This is a way of verifying the card will process the mandatory fee that is due form all high bidders. If you are not a high bidder on the last day, we will credit the fee back to your credit card after the conclusion of the auction. *** The winning bidders credit card will be charged 10% of their high bid at the end of the auction for each property in which they are the high bidder on. This initial charge will be capped at $5,000.00 per property. BUT the 10% buyer's premium will still be applied to the high bid. There is no cap on the buyer's premium. Example- High bid - $20,000 - Credit Card will be charged $2,000.00 (10% of high bid) High bid - $40,000 - Credit Card will be charged $4,000.00 (10% of high bid) High bid - $100,000 - Credit Card will be charged $5,000.00 (cap charge) This charge WILL NOT be refunded if the high bidder does not close on the property. This charge will then be credited back the buyers credit card once their 10% earnest money check has been received Noel Auctioneers & Real Estate Advisors will not be able to access or view any personal information and/or credit card information of any registered bidder. All transactions are handled through a third-party processor. If you have done business with us before we may elect to wave this automatic charge. Please call Jonathan Noel (859-612-9175) A. Property Seller will convey the Property by Deed of General Warranty free and clear of all liens and encumbrances. B. Property Inspection and Disclaimer 1. It is the Purchaser's sole responsibility to: a) Perform all inspections (legal, environmental, economic, or otherwise) of the Property and its improvements thereon and to be satisfied as to their condition prior to bidding; b) Review all property information; c) Independently verify any information they deem important including information available in public records; d) Seller gives no warranty of existing surveys. 2. All information contained in any brochures and all promotional materials, including but not limited to, square footages, acreage, dimensions, maps, taxes, etc. is believed to be correct, however, Auctioneer - Jonathan Noel, Noel Auctioneers & Real Estate Advisors, the sellers, or any cooperating Broker makes no such guarantee of warranty as to the accuracy or completeness of such information. 3. Personal inspection of the property is recommended, and the bidders are advised to independently verify all information they deem important. This property is being sold "As Is Where Is". The Auctioneer, Jonathan Noel, Noel Auctioneers & Real Estate Advisors, or the sellers have not made, do not make, and will not make and hereby disclaim, any representation or warranty, whether expressed, implied, or statutory, whether written or oral, with respect to the property. Including without limitation, and any warranty as to the value, condition, acreage, square footage, suitability, marketability, zoning, or subdivision regulations, mineral rights, environmental condition, and/or fitness for a particular use or purpose. C. Property Disclosures 1. The Property is selling with right-of-way and easements of record. 2. If applicable a lead-based paint assessment will be permitted 10 days prior to the date of Auction. If the buyers chose not to assess for lead-based paint, they will be required to sign a waiver to this effect. D. Bidder Registration 1. Bidders register by filling out a registration card prior to the Auction and receive a "Bidder's number" to place a bid on the property. The bidder number is to be presented along with the bidder's name when they are declared the high bidder. 2. Bidder acknowledges that once a bid is offered, the Bidder shall be bound to the amount. E. Buyer's Premium There will be a TEN PERCENT (10%) Buyer's Premium added to the winning bid to determine total contract sales price of the property. F. Auction Purchase Contract 1. Once the high bidder is confirmed and the property has been declared sold by the Auctioneer. The high bidder(s) (purchaser) will be required to sign the AUCTION PURCHASE CONTRACT for the high bid plus 10% Buyer's Premium which totals to the CONTRACT SALES PRICE. 2. Upon being declared the final bidder, the Purchaser will be required to pay in U.S. funds an Earnest Money Deposit of 10 PERCENT of the Total Auction Purchase Contract Sales Price of the Property. Certified funds may be used for this deposit as well as in IN-STATE personal check with photo I.D. These funds will be placed in a non-interest-bearing escrow account with Noel Auctioneers & Real Estate Advisors or closing attorney and credited to the Purchaser at the time of closing with the balance of the purchase price due at this time. G. Closing Costs/Property Taxes/Rents 1. Seller's Cost. At closing, Seller shall pay the fees for the preparation of the deed to transfer the Property and release any encumbrances to allow conveyance. The Ad Valorem Property Taxes shall be prorated through the date of the Closing 2. Purchaser's Cost. At closing, Purchaser shall be responsible for all costs pertinent to the sale involving the title search, closing and/or financing the property. The Ad Valorem Property Taxes will be prorated as the date of the Closing. 3. Rents. Collected rents will be prorated as to the date of closing. H. Closing Closing on Real Estate shall be scheduled on or before 45 days from date of auction purchase contract. Time is of the essence concerning all dates to auction purchase contract. I. Auctioneer's Agency Disclosure Jonathan Noel, Noel Auctioneers & Real Estate Advisors is acting EXCLUSIVELY as an agent for the Seller in this transaction. THE AUCTIONEER IS NOT ACTING AS AN AGENT FOR THE PURCHASER NOR IS IN NO WAY A DUAL-LIMITED AGENT acting as an agent for both parties, the Seller, and the Purchaser. Any third-party broker is not a subagent of the Auction Group. J. Equal Opportunity Clause All bidding is open to the public. The Property is available to all qualified Purchasers without regard to race, color, religion, sex, familial status, national origin, or handicap/disability. K. Miscellaneous 1. All decisions of the Auctioneer are final as to the methods of bidding, any dispute among bidders, what increments of bidding will be acceptable, and any other matter that may arise, before, during, or after the Auction. 2. All announcements made day of the Auction take precedence over any prior oral statements, printed material, and/or internet and television advertising. Bidder's Acknowledgement By signing below, if in fact you are the successful and high bidder you agree to the terms and conditions stated herein. This document will become part of the non-contingent contract of sale to purchase the property described herein. This is a public offering opened to all.