Auction Terms & Conditions
Southern Arizona Multi Property Auction - Benson, Arizona - January 27, 2018
Thank you for participating in the Stockmen's Realty, LLC, Multiple Property Auction. The Multiple Property Auction and conveyance of each property shall be governed by the Agreement for Purchase and Sale at auction, including all addenda, exhibits, disclosures, and other required documents (together, the "Agreement for Purchase and Sale"). The Terms of the Sale are non-negotiable and irrevocable. Your registration evidences your agreement with these terms. All bidders must complete the registration process. By bidding you are representing to Stockmen's Realty, LLC and the Seller that you have read and agree to be bound by all terms and conditions for this sale as stated herein. DO NOT BID unless you have read and agreed to be bound by Agreement for Purchase and Sale, Sale Day Notes, Disclosures, and these auction Terms of Sale, as they are enforceable against you.
BID DEPOSIT/CERTIFIED FUNDS: A cashier's check in the amount of $2,500.00 and a valid ID are required in order to participate in the real estate auction. This check will be held and returned if a successful bid has not been placed. If a successful bid has been place, the deposit will be applied toward the required down payment. The check should be made payable to Fidelity National Title, Inc.
AUCTIONEER POWERS & AUCTIONS PROCESS: Each property will be offered in its entirety and in parcels. The highest bidder(s) at the end of the process will be the successful bidder. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down lots and/or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding, to accept or reject any or all bids, and to cancel or re-schedule an auction. The Auctioneer will call the sale and control any increments of bidding. To make a bid, raise your hand or bid card to be recognized. Absentee bids may be accepted at the discretion of the Auctioneer, and the Auctioneer reserves the right to enter bids on behalf of absentee bidders, including phone bidders. Any mistakes during bidding as to who has the high bid and/or at what price may be called to the Auctioneer's attention and corrected. The Auctioneer is the sole arbiter and controller of the conduct of the auction and shall be the final and absolute authority without liability to any party.
SUBJECT TO SELLER ACCEPTANCE: All parcels are being sold subject to Seller confirmation within 30 minutes of the conclusion of the Auction. If for any reason Seller approval is not granted, the Down Payment shall be returned in its entirety to the high bidder.
DOWN PAYMENT: The day of the sale, successful bidders will be required to make a non-refundable deposit in the amount of ten percent (10%) of the total purchase price with a Five Thousand Dollar ($5,000) minimum per property. Cashier's checks, personal checks and business checks are accepted. The Bidders Deposit will be applied toward the down payment. Once the Seller approves the Sale, the down payment will be credited to the purchase price. Checks are to be made payable to Fidelity National Title, Inc., as Escrow Agent. The check will be deposited, as provided in the Agreement for Purchase and Sale. The balance of the purchase price, Buyer's Premium (Buyer's Fee), are due at closing unless there is approved Seller financing. Closing costs will include customary escrow fees, recording fees, tax proration's, water and septic transfer fees, financing fees and any other fees noted.
BUYER'S PREMIUM (BUYER'S FEE): Buyers shall pay a buyer's premium equivalent to 10% of the purchase price. The Buyer's Premium shall be added to the final bid price and will be collected at closing.
AGENCY DISCLOSURE: Stockmen's Realty, LLC, and all other licensees employed by or associated with the Broker represent the Seller in the sale of this property only.
BUYER'S AGENT COMPENSATION: Buyer's agents will enter into a co-broker's agreement with Stockmen's Realty, LLC. Stockmen's Realty, LLC agrees to pay upon closing a fee equal to 2% of the high bid price paid by his or her client excluding the Buyer's Premium. In order to be eligible for compensation, the buyer's agent must hold an active real estate license in the State of Arizona, or possess a valid real estate license and act in conformance with the laws for paying a referral fee to an out of state broker as promulgated by the State of Arizona and must register the client 24 hours prior to the auction. All out of state brokers must provide a copy of a valid real estate license in the state of licensure prior to payment. All registration letters shall be sent to Nancy Belt, at Stockmen's Realty, LLC and an acknowledgement will be sent to the Agent. Registration must occur by January 26, 2018 at 5:00 p.m. No oral registrations will be accepted. No agency relationship will be recognized for a client who has previously contacted or been contacted by the Seller, or the Seller's Agents. If an Agent has not met all of these requirements, no compensation will be paid, even if the Agent's client purchases the property.
CLOSING DATE: The closing date for parcels shall be on or before February 26, 2018, at 5:00 p.m.
POSSESSION: Buyers are not allowed possession until closing (transfer of funds and recording of the deed), at which time it is recommended that the property be re-keyed.
PROPERTY CONDITION, AS IS, WHERE IS SALE: All properties are sold "AS IS, WHERE IS" with no other contingencies to sale. Stockmen's Realty, LLC (Broker) represents the Seller only and does not inspect properties on bidder's behalf. Bidders must conduct their own due diligence and investigation of each property to determine the suitability of each parcel prior to placing a bid. Bidders must rely solely upon their own investigation and NOT any information provided by the Seller, Broker, or Auctioneer. Failure of a bidder to be fully informed on the condition of a property will not constitute grounds for a claim adjustment or to cancel the sale. All the information contained regarding this property was obtained from official county maps or other sources deemed reliable, but is not guaranteed and may be in error. Furthermore, Stockmen's Realty, LLC, Auctioneer, and Seller DO NOT WARRANT the accuracy thereof. By bidding you agree to all disclosures.
TITLE: A title report has been provided as part of the due diligence information. The title report contains a list of title exceptions. Each Buyer should review the title report to satisfy themselves as to the condition of title. Title Insurance will be provided by the Seller at Closing
DISCLAIMERS & NO WARRANTIES: Stockmen's Realty, LLC (Broker), Auctioneer and the Seller expressly disclaim any liability for errors, omissions, or changes regarding any information provided for these sales. Please read the Agreement for Purchase and Sale, and sale day notes for a full and complete understanding of Broker, Auctioneer and Seller's disclaimers. Bidders are to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the Seller, Broker or their agents and employees. Property information may change without notice and potential purchasers should investigate all data fully before relying upon it. The Seller, Broker, Auctioneer, and their agents assume no liability for inaccuracies, errors or omissions in the marketing materials, including the Due Diligence Information posted online. All square footage, dimensions, quantities, taxes and other marketing materials are approximate. To the extent there are any inconsistencies between the information contained herein and any information contained in other marketing materials; the material included in the due diligence information provided online shall prevail. However, notwithstanding the above, any announcements made the day of the sale will take precedence over earlier advertising or pre-printed material and the Agreement for Purchase and Sale shall govern and prevail with regard to the terms and conditions of the sale or disputes with respect to the property. You are entering a binding contract. There are no refunds or bid cancellations. The registered bidder is personally responsible, legally and financially, for all auction items bid upon whether representing one's self or acting as an agent. Any bidder who fails to consummate a purchase may be pursued for civil and/or criminal violations. This offering may be withdrawn modified or canceled without notice at any time. This is not a solicitation or offering to residents of any state where this offering is prohibited by law.
ASSUMPTION OF RISK: Your inspection of the property(ies) and attendance at this auction are at your own risk. Seller, Broker, Auctioneer, and their respective agents, contractors, and employees expressly disclaim any "invitee" relationship and shall not be liable to any person for damage to their person or property while in, on, or about these properties, nor shall they be liable for any defects, dangers or conditions on the property(ies) all persons enter the property(ies) and attend the auction at their own risk and shall defend, indemnify, and save harmless Seller, Broker, Auctioneer, and their agents, contractors, and employees from any and all liability attendant thereto.
CANCELLATION AND LIQUIDATED DAMAGES: If the high bidder breaches any portion of these auction Terms of Sale, or the Agreement for Purchase and Sale and/or fails to return all executed copies of all required documents or the required down payment, the bidder's high bid offer shall be rejected by the Seller and all rights to purchase the property, if any, shall terminate with the Seller having the right to offer for sale or sell the property to another without limitation, and the bidder shall pay Auctioneer liquidated damages in an amount equal to the bid deposit at the time of registration. The bidder hereby authorizes Auctioneer to release all or part of the Deposit as liquidate damages owed to Stockmen's Realty, LLC by bidder. Bidder agrees that it is extremely difficult or impossible or impractical to accurately estimate the amount or extent of Stockmen's Realty, LLC actual injury or damage resulting from a material breach of this agreement by the bidder, and based on the uncertainty of such estimation, the bidder agrees that liquidated damages identified herein are a proper remedy for bidder's material breach of this agreement. The bidder further agrees that the liquidated damages amount set forth herein constitutes a reasonable and satisfactory pre-breach estimation of each party's damages and shall not in any way be considered a penalty or forfeiture.
CC&R's: There are Covenant, Conditions and Restrictions (CC&R's) affecting Parcel 9, Parcel 10, Parcel 11, and Parcel 12. A copy of the CC&R's are posted on the Southern Arizona Multiple Property Auction ShareFile and a copy is being provided on Sale Day in the Property Information Notebooks.
***VERBAL ANNOUNCEMENTS made auction day take precedence over all preprinted materials.
Stockmen's Realty|Nancy A. Belt, Broker|PO BOX 191, Sonoita, AZ 85637|520-221-0807
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.