PLEASE DO NOT BID UNTIL YOU HAVE READ THESE TERMS AND CONDITIONS OF SALE.
Real Estate is subject to sale prior to the auction.
General: The property will be sold in 6 tracts and will be offered with grouping of contiguous tracts and as a whole. Bidding will include online as well as live bidding.
AS IS: The real property will be offered at public auction with live bidding onsite. All improvements, buildings, sheds, structures, etc., sell with the property. The property and all improvements, if any, will be sold on an AS-IS, WHERE IS, WITH ALL FAULTS, conditions, defects, or flaws. The buyer agrees to take the property in the condition existing. No representations or warranties, expressed or implied, concerning the property are made by neither the sellers nor the seller's agents. Descriptions of the improvements and property are believed to be correct but are not guaranteed. You are encouraged to conduct your inspections and due diligence prior to bidding and buying at the auction.
EASEMENTS and RIGHT OF WAYS: The real estate is being sold subject to any and all easements or right of ways. Lease payments or rents, if any, will be pro-rated at closing.
ALLOTMENTS and MINERAL RIGHTS: Crop allotments, mineral rights, timber rights, water rights, if any, MAY NOT transfer with the deed or title.
HOA, POA, and RESTRICTIVE COVENANTS: The real property is being sold subject to restrictive covenants and homeowner's association rules, regulations and dues and county zoning, if any.
METHOD OF SALE: The auction company will offer multiple lots. The property will be sold in 6 tracts and will be offered with grouping of contiguous tracts and as a whole. Auction Firm has the sole discretion to determine the order of sale. Auction Firm has the right to block, group or combine lots at its sole discretion. Auction Firm has the right to reject any individual lot sales or any combinations that Auction Firm determines would result in a lower price than the combinations. Seller has final right to accept, reject or counter any and all individual lot bids, any combinations, including the property being offered in its entirety.
SURVEY: The property is being sold with a preliminary concept and not an actual survey. Maps of the concept are available. If property sells in tracts then survey will be completed post-auction. If property sells to one individual then no survey will be done.
PERK TEST: Perk test are the responsibility of the buyer and the contract is not contingent upon the soil having a satisfactory perk.
FINANCING: The sale is not subject to financing. Failure to close for ANY REASON WHAT SO EVER will result in the forfeiture of the deposit. NO EXCEPTIONS.
DEPOSIT REQUIRED AT AUCTION: Terms are for a 10% deposit by cash or cashier's check for each property on site at the auction.
FINAL SETTLEMENT: Final & closing settlement should be paid by cash or cashier's check for each property.
BUYER'S PREMIUM: There will be a 10% buyer's premium charged in this auction.
PURCHASE CONTRACT: Buyer will be required to execute a Real Property Auction Purchase and Sale Contract on site and submit their deposit.
NO CONTINGENCIES: The purchase and sale contract is not subject to any buyer contingencies for financing, appraisal, surveys, inspection or any other contingencies.
AGENCY: Buyer will be asked to sign an agency disclosure form stating that buyer is aware that Rogers’ agents represent the seller. Rogers' agents represent the seller and the seller's interest in the transaction.
ENVIRONMENTAL: There are not any environmental studies, phase 1, phase 2, or phase 3 studies for review. There are not any soil or water studies for review.
PERSONAL PROPERTY: There is no personal property or merchandise being transferred with the real property of value.
CLOSING: Closing is to take place in no more than 45 days from the date of the auction. TIME IS OF THE ESSENCE. All closing costs for the benefit of the buyer such as appraisals, surveys, loan applications, inspections, title searches, title insurance, etc. are the responsibility of the buyer. The seller is not paying for any of the buyers closing costs. The deed paid for by the sellers, the deed stamps paid by the sellers, and recording fees to be paid by the buyers. Real estate taxes are pro-rated at closing.
POSSESSION: Possession will be given at closing, subject to existing leases, if any.
DEED: General Warranty Deed
ABSOLUTE/RESERVE: Lots will be sold subject to seller confirmation.
BID RIGGING: Bid rigging is a felony. Any attempt by bidders to chill the bid, agree with other bidders not to bid to attempt to lower the price is bid rigging. Anyone suspected of bid rigging will be asked to leave the auction site.
DISPUTED BIDS AND INCREMENTS: In case of a dispute over who is the high bidder, the auctioneer has the sole discretion to determine the high bidder. The auctioneer has the sole discretion to determine the live auction bidding increments.
It is the duty of the bidder to present their bid to the auctioneer and not that of auction support staff, auction ringmen, auction bid assistants, or the auctioneer.
QUALIFIED BIDDERS: Auctioneer reserves the right to refuse to register any prospective bidder for any reason, or to require a cash deposit from a prospective bidder of an amount designated by Auctioneer and paid in advance by the prospective bidder to Auctioneer. Such deposit will be applied to any purchases made at the auction by the prospective bidder. At the end of the auction, Auctioneer will refund any portion of this deposit that has not been applied to purchases. Furthermore, Auctioneer will require the removal of any person from the auction site for any reason including, but not limited to: (1) tampering with auction lots; (2) any illegal conduct including collusive bidding or stealing; (3) disruptive behavior; (4) failure to abide by these terms; and (5) intoxication. Bidder agrees to leave the auction site immediately and quietly upon request by Auctioneer. Any act of theft, vandalism or disruption will be prosecuted to the fullest extent of the laws.
DEFAULT BY HIGH BIDDER/BUYER: In the event of a default by the bidder/buyer the seller may resale the property to another bidder/buyer and in the event the property sells for less money than the original price the seller may seek the difference from the original bidder/buyer. The seller may have other rights to pursue damages or costs from the defaulted bidder/buyer as allowed by law.
ONLINE BIDDING: You must register in advance by clicking on Register to Bid and agreeing to terms for online bidding. Should you become the high bidder you may submit a deposit by cash, cashier's check or wire transfer, within 24 hours of the close of the auction. You must be pre-approved by the auction firm before you receive a bidder number. The auction company may refuse to register anyone at its sole discretion.
TECHNICAL PROBLEMS: Rogers Realty & Auction Co., Inc. is providing Internet bidding as a service to bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall Bidder have any kind of claim against Rogers Realty & Auction Co., Inc., or the seller or anyone else working with online connections if the Internet service fails to work correctly. Rogers Realty & Auction Co., Inc. or the seller will not be responsible for any missed bids from any source. Rogers Realty & Auction Co., Inc. and the seller reserves the right to add or delete lots. The auction company will not be liable for any faulty equipment, failure of equipment, faulty software, failure of software, lack of internet service connections or signals, or failure for any online bids that are not relayed on time to the auction company. The auction company reserves the right to extend bidding, delay bidding, or cancel bidding, without any notice to online bidders.
DISCLAIMER: The auction company provides data, advertising, maps, that is believed to be correct but it is not guaranteed. Bidder's should rely on their own inspections and due diligence prior to bidding. Everything sells strictly AS IS. The auction company makes every effort to describe assets to the best of its ability but there are no guarantees as to the condition, quantity, condition, age, color, or value of the merchandise or real property sold online. Buyer agrees that buyer may not cancel their purchase for any reason.
The bidder agrees to all terms and conditions of the auction and should read the detailed terms.
NC Firm #685, VA Firm #2, SC Firm # 1874