AUCTION PREVIEW:
SUNDAY - JULY 15th - 2:00 TO 3:00 P.M.
AUCTION ENDING:
TUESDAY - JULY 17th @ 7:00 P.M.
PICK UP DATE:
THURSDAY - JULY 19th @ 4:00 TO 6:00 P.M.
TERMS: PERSONAL PROPERTY: Cash or good check day of sale.
10% Buyers Premium will be placed on all bids to determine the final sales price.
Due diligence is the responsibility bidder/buyer. All sales are final.
PICKUP:
DURHAM REALTY & AUCTION CO., INC. DOES NOT SHIP ITEMS. We do not accept credit cards. All Items must be paid for before being removed from the property. All payments must be in the form of cash, cashier's check, or money order.
LOADING: If you are the winning bidder for large items, please bring help & equipment to load the item.
IDENTIFICATION:
All buyers are required to register to bid, giving full name, address, phone number, and Email address. DURHAM REALTY & AUCTION CO., INC. has agreements with various individuals and corporations, etc ("Sellers") to market certain properties ("Property" or "Properties") through an internet bidding platform or other means necessary to generate a successful bid for the properties. All properties offered by DURHAM REALTY & AUCTION CO., INC. shall be offered subject to the Sellers' approval of the price and final terms and conditions. The Properties shall be offered through an internet bidding process with a specified opening and closing date. Email notifications will be sent to register bidders with updated information as deemed necessary by DURHAM REALTY & AUCTION CO., INC. The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, DURHAM REALTY & AUCTION CO., INC. will reject the registration, and bidding activity will be terminated.
BUYER'S PREMIUM:
A buyer's premium of ten percent (10%) shall be added to the successful bidder's high bid and included in the total purchase price to be paid by the successful bidder. For example if $100,000.00 is the final bid $110,000.00 will be the final purchase price.
CONDITION OF SALE:
Disclaimer of Warranties; "AS-IS" Condition.
Buyer warrants and acknowledges to and agrees with Seller and DURHAM REALTY AND AUCTION CO., INC., that buyer is purchasing the property in an "AS-IS, WHERE IS" condition and specifically and expressly without any warranties representations or guarantees, either express or implied, of any kind, nature, or type whatsoever, from or on behalf or the Seller. Buyer acknowledges to and agrees with Seller, and DURHAM REALTY AND AUCTION CO., INC., that with respect to the property, Seller, and DURHAM REALTY AND AUCTION CO., INC., have not, do not, and will not make any warranties or representations, express or implied, or arising by operation of law, including, but in no way limited to, any warranty as to the value, physical condition, Acreage, square footage, percolation tests, environmental condition (including but not limited to wet lands, lead base paint, radon gas, asbestos, mildew or molds), zoning, good repair, operability, habitability, tenant ability, suitability, merchantability, profitability, market-ability, past or present compliance with any rules, regulations, covenants or restrictions, development potential or fitness for a particular use or purposes of the property. Contracts are not contingent on any buyer or lender inspections. All properties are made available solely at prospective buyers own risk and expense, including without limitation all dangers inherent, known, or unknown; and Sellers and DURHAM REALTY & AUCTION CO., INC. expressly disclaim any "invitee" relationship which could be construed and therefore any liability incurred by any person inspecting, or viewing the sale of any property. The property is sold in gross in all cases. If a subsequent survey by the buyer shows a greater or lesser number of acres or square footage of any property, this will not affect the purchase or purchase price. Property is sold AS IS/ WHERE IS with no warranties and/or contingencies.
ENVIRONMENTAL HAZARDS:
A potential buyer should investigate fully any possible environmental hazards, including asbestos, lead based paint, radon gas, mold or any other toxic materials, prior to bidding on a property. For further information Buyer should contact the City, County and State Health Departments where the Property is located, as well as the offices of the federal Environmental Protection Agency. The EPA's information on Indoor Air Quality and the Department of Health and Human Services information on Disease Control.
AGENCY:
The Auctioneer is acting as agent on behalf of the seller only, and, as such, may protect the seller's interests by bidding as agent. The Auctioneer is not responsible for the acts of his/her agents or principals. During bidding, the Auctioneer has the right to reject any raise that, in his opinion, is not commensurate with the value of the offering. In the event of any dispute between bidders, the Auctioneer may determine the successful bidder or re-offer and resell the property in dispute. Should there be any dispute after the sale; the Auctioneer's record of final sale shall be conclusive.
RIGHTS:
An Auction may have a 'minimum bid' or 'reserve', meaning the Seller may have established an unpublished minimum bid price. The starting bid is not necessarily the minimum bid or reserve. In order to win the auction, a bidder must meet or exceed the minimum bid price and have the highest bid.
If no bidders meet the minimum bid price, the Seller is under no obligation to sell the property. All announcements made the day of sale take precedence over any prior written or verbal terms of sale. Buyers will acquire properties subject to the rights of all parties in possession. If any conditions contained herein are not complied with by the buyer, Auctioneer may, in addition to asserting all remedies available by law, including the right to hold defaulting buyer liable for the purchase price, either (a) cancel the sale, retaining as liquidated damages any payment made by such buyer; (b) resell the property at public auction; or (c) take such other action as they deem necessary or appropriate. The retention of the bidder's deposit shall not limit any rights or remedies of DURHAM REALTY & AUCTION CO., INC. or the sellers with respect to the buyer's default. If the property is resold, the original defaulting buyer shall be liable for payment of any deficiency in the purchase price and all costs and expenses, the expenses of sales, reasonable attorney's fees, commissions, incidental damages and all other charges due hereunder.
JURISDICTIONS:
The respective rights and obligations of the parties with respect to the Terms and Conditions of Sale and the conduct of the auction shall be governed and interpreted by the laws of the State of Tennessee. By bidding in the auction, whether on line, present, in person, by agent, by written bid, or other means, the buyer shall be deemed to have consented to the jurisdiction of the state and federal courts sitting in Tennessee. All disputes shall be resolved by the courts and jurisdiction of Rutherford County, Tennessee.
ADDITION TO OR WITHDRAWAL FROM SALE:
The seller reserves the right to withdraw from sale the property listed and also reserves the right to group one or more properties into one or more selling lots or to subdivide into two or more selling lots. The seller additionally reserves the right to cancel the auction sale, or remove the auction from the sale during bidding. Seller also reserves the right to add to the auction property.
DURHAM REALTY & AUCTION CO., INC.'S staff are members of many legal, auction and real estate organizations, including the National Association of REALTORS, all of which espouse a firm commitment to providing professional services to any person, regardless of race, color, religion, sex, handicap, familial status, or national origin. Our firm shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of these or any similar prejudices.
SERVER, SOFTWARE, & TECHNICAL ISSUES:
In the event there are technical difficulties related to the server, software, or any other online auction related technologies, DURHAM REALTY & AUCTION CO., INC. reserves the right to close, continue, or extend bidding. Neither Auction Flex nor DURHAM REALTY & AUCTION CO., INC. shall be held responsible for any missed bid, or failure of the software to function properly.
SOFT CLOSE:
A "Soft Close" ending for a property means that if a bid is placed in the last 2 minutes, the bidding for that property will be extended by another 2 minutes. This gives other interested bidders time to raise their bid before the lot closes.
AUCTION FIRM IS NOT RESPONSIBLE FOR ANY MISTAKES MADE IN AUCTION ADVERTISEMENT(s).
DAY OF SALE ANNOUNCEMENTS TAKE PRECEDENCE OVER ALL OTHER ADVERTISING
ALL TERMS SUBJECT TO CHANGE.
PROPERTY SOLD AS-IS WHERE IS WITH ALL FAULTS & NO WARRANTEIS.
ANY ADDITIONAL INFORMATION, TERMS, OR CONDITIONS NOTED ON THE INDIVIDUAL AUCTION PAGE OR AUCTION CATALOG SHALL BE CONSTRUED AS PART OF THE AGREED UPON TERMS AND CONDITIONS BY THE BUYER.
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I certify that I have read and fully understand the above printed material, and that I fully understand what is expected of me if I do obtain the high bid. By bidding you are agreeing to the above terms.
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