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The Grand Auction.com
Real Estate Auction
12:00 PM Saturday October 4, 2008 in
Branson MO, 65616 USA  Google Maps |
| Online Bidding: |
http://www.baileysauctioneers.com/liveglobalbidding |
| Directions: |
http://www.baileysauctioneers.com/Eventdirections 200 W Main Street Branson, MO 65616 Short Creek Ballroom Branson Convention Center |
| SALE BILL |
http://www.TheGrandAuction.Com 52 Properties in a live and online bidding format. Houses, lake front, lake view, lots, acreages, businesses, condos, multi-family and commercial properties. See the Catalog above. Appraisal and Inspection Contingencies. 5% down personal checks 45 days to close. These are the best of the best and bidding is kindergarten simple!
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| AUCTIONEER'S NOTES |
| October 4, 2008 Grand Auction Terms & Conditions: Read these terms of sale carefully. By participating in the auction you agree to these terms and make representations as set out herein. These terms are legally binding and if you violate any of them, Bailey’s Auction Brokers, LLC and its employees, agents and representatives hereafter are referred to as the auctioneer. Or the seller may seek legal relief, including but not limited to reporting your conduct to appropriate law enforcement entities. Please note that these terms include an agreement by which you indemnify seller and auctioneer . The successful bidder for each property shall execute an “auction real estate sales contract” for each property immediately after being declared the successful bidder by the auctioneer. Copies of the sales contract are available for review online at www.thegrandauction.com or by calling the auction company . • Deposits for Real Estate: There are NO required deposits to register to bid live …....HOWEVER…….. 1. Bidders that show at registration a bank letter of credit or pre approval letter on official letterhead for the listing amount, the bidder must post 5% or ($2,500.00 which ever is greater) of the bid amount immediately upon being declared the high bidder on an item. This may be in the form of certified funds, or personal checks. All checks are subject to verification and will be deposited within 3 business days of the auction for the high bidders submitting contracts. OR 2. Bidders who do not have a pre approval letter or bank letter of credit can still bid but they must post 10% immediately in the form of a personal check upon being declared the high bidder. All checks will be deposited into the escrow account within 3 business days. 3. Backup Bidders may post $1,000.00. There is no obligation on the part of the seller to accept any backup bids in the event the high bidder fails to perform. • The Auctioneer has final authority in all matters. The auctioneer reserves the right to refuse any and all bids. Any disputes for what ever reason not resolved by the auctioneer shall be resolved by binding arbitration by a member of the American Arbitration Society. All parties hereby agree to all pay their own fees in such dispute resolution. The bidders agree to hold the auctioneer, Auction Company, the Auction Network (which serves solely as the Internet absentee bidding service for the Auction Company), and all of their staff harmless from any claims resulting from this sale. If you do not agree to these terms, do not register to bid. • In this Auction, the buyer does have a 10 day appraisal contingency and a 7 day inspection contingency. IF the property does not appraise at the contract price or structural damage if found totaling more than $5,000.00 from a mutually agreed upon inspector, and the buyer chooses not to close, the earnest money will be refunded. • Otherwise, Funds are held in escrow account by the title company contained in the “purchase and sale agreement” and are refunded only if the seller, lender or confirming party rejects the offer. With the above exceptions noted, once the sellers accept the offer the escrow is non-refundable for any reason. Bailey’s does not hold escrow. In short sales, some time may be involved while the lender goes through the process of accepting or rejection offers. Offers may not be withdrawn by the buyers once the deposit is posted. • With the exceptions noted above, the buyer accepts the property “as is where is” with no warranties of any kind either expressed or implied. The seller “does” warrant the property to be free and clear of all liens & encumbrances and to deliver unclouded title to the buyers at closing . • The contracts cannot be changed or amended by the buyers or their agents. • Properties indentified in this sale as “absolute” are sold to the highest bidder. The properties not identified as “ absolute” are being auctioned with a reserve. All reserve properties are not sold until seller gives approval and signs the purchase and sale agreement. Sellers have until Monday 6, 2008 @ 5:00pm central time to accept or reject the bids of this sale. Bidders will be notified of the results by the auction company or the listing agents for the properties. • Closing shall be in 45 days or less from the effective date of the signed sales contract. The buyers do not have “automatic” extensions. • Real Estate Agents who represent the buyers or bidders must attend the auction through the entire phase with their clients including contract signing. Buyers agents should review the terms and conditions with their clients, attend the auction and fill out the broker registration statement, professionally assist your client by providing relevant advice and property information and sign your clients bid and deposit receipt at the auction. They must have a written buyer’s agency agreement with the client and the client must also register them. Forms are available online or by contacting a member of the auction staff. Agents may not be related to their clients nor may buyers earn commission if they are active licensees in the state of Missouri. Agents must be registered 24 hours before the day of the auction or sooner in order to receive commission. • Per Missouri Law, no agents shall be paid unless they are actively licensed and all fees will be paid directly to the broker of record at closing. • Listing agents for the seller cannot receive the buyer’s side of commission for their own listings in any case. • Telephone or internet bidding is available for absentee bidders. All internet or telephone bidders MUST post $5,000.00 BEFORE they are approved to bid. • Any exception to these terms & conditions must be approved in writing and signed by the auctioneer in advance to the bid calling. There are no exceptions to this rule. • A buyer’s premium (commission) shall be added to the high bid along with the closing costs in order to arrive at the final contract price. Buyer’s premiums may vary per item or property and it is the buyer’s responsibility to know the specific premium on the property they are bidding on. Unless otherwise posted the buyer’s premium for the auction shall be 10%. • Closing shall take place in the county in which the property is located. Buyers or bidders who are unable to attend can ask for mail away closings for their convenience. • The final contract price shall be comprised of the high bid, plus the buyer’s premium and all the closing costs. Unless otherwise state in the auction catalog or announcements, ALL closing costs including documentary stamps and title insurance are the responsibility of the buyer or bidder. • If there are any inconsistencies in the written information presented, the auctioneer’s decision will be the clarifying factor in all matters. Auctioneer reserves the right to add or delete any property from this auction or to alter the order of the sale from that published herein or elsewhere. Bidders are responsible to perform due diligence, including but not limited to personal on site inspection of each property prior to the auction. The owner’s title policy will be at the expense of the buyer. The information set forth herein has not been independently verified by the seller or auctioneer. Its accuracy is not warranted in any way including, but not limited to, information set forth herein concerning utilities, leas information, zoning, parcel size, square footage of all improvements and photos. • Buyers Note: Any person attending the auction is a guest of the auction company and subject to removal by the auction company at its discretion. • The auction company represents the seller as a transaction broker in the sale of the properties presented. • All Auction Network Internet absentee bidders shall, in addition to these terms and conditions, be bound by the Auction Network Web site “Terms of Use,” the provisions of which are incorporate herein by this reference. In the event of any conflict between said Terms of Use and these terms and conditions, the terms and conditions set forth herein shall control. Please see [imbed hyperlink to the Terms of Use page]. • Buyers agree that they are not relying on the information provided in deciding whether to bid on the property and have conducted their own due diligence investigation prior to the auction. There is no obligation on the part of the seller or auctioneer to update this information. All announcements at the sale take precedent over all other advertising. The sellers and auctioneer do not have any liability whatsoever for any oral or written representation, warrants or agreements relating to the property including information appearing in the auction brochure or announcements made at the time of the auction except those of the sellers as expressly set forth in the Auction Real Estate Sales Contract. • Buyer and anyone claiming by, through or under buyer hereby fully and irrevocably release seller and broker and auctioneer and their respective employees, officers, directors, representatives and agents from any and all claims that buyer may now have or hereafter acquire against seller and broker, their employees, officers, directors, representatives and agents, for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to any construction defects, errors, omissions or other conditions including environmental matters, effecting the property or any portion thereof. This release includes claims of which buyer is presently unaware or which buyer does not presently suspect to exist in his favor in which, if known by buyer would materially effect buyer’s release of seller and broker and auctioneer. It is understood and agreed that the purchase price has been adjusted by prior negotiation to reflect that the property is sold by the seller and purchased by the buyer subject to the foregoing |
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