Auction Terms & Conditions ONLINE AUCTION : Sold " AS IS" .
No contingency on the contract of sale is allowed due to open bidding via the online auction.
Home Must Be Sold.
High Bid + 5% buyer fee = purchase price
The property is sold free and clear to the buyer the day of closing.
Auction Terms & Conditions PLEASE READ PRIOR TO BIDDING.
NOTICE: The property is being sold "AS-IS" condition.
Seller will provide clear title to any real estate sale and pay customary closing costs to complete the transaction. Some fee may be charged to buyer for recording the deed and closing the deal.
Please inspect the property prior to bidding. High Bidder will be obligated to sign a offer to purchase within 24 hours of end of auction. YOU ARE LEGALLY BOUND TO YOUR BID. Earnest money of $2,500 to be put down as non refundable earnest money the day of signing the offer to purchase. The title company will be charging a buyer closing cost.
***Non Refundable Earnest money of $2500.00 must be paid with the signing of the offer to purchase.
*** Buyers bidding on the property ... NOTICE: 5% BUYER FEE WILL BE added to final bid to determine the purchase price!
BUYER AGENT CO-BROKE INFO***Our firm will pay a 2% co-broke fee (See MLS Data sheet) if the property sells at auction and you have registered via an email to our firm that you are working with a buyer whom has not contacted our office for assistance in purchasing the home, 72 hours prior to the end of the auction and seller has acceptable the offer and completes a successfull closing. EMAIL - firstname.lastname@example.org
*** If you are an agent, you must represent a buyer under a buyer agency agreement only and all additional fee's for your agency to be paid by buyer outside the closing of this property. Our firm will draw all contracts with buyer and seller. The buyer agent will be given all documents for the buyer to sign and submit back to our firm.
**Buyer will agree to in the offer to purchase a Non Refundable Earnest money Payment. The payment Must be made out to Thiel Real Estate Trust Account with a good check, No credit card will be held on file. Please call our office with any questions. You are legally bound to complete this transaction if bidding on this property per buyer agreement when registering. Earnest money will pay the auction firm first before going to any other party in the transaction.
The offer to purchase with no contingencies to be signed by buyer within 24 hours after the close of the auciton.
If bidding in the final 2 minutes of this sale the timer will add an additional 2 minutes. This will keep occuring if any bids are entered in the final minute as well.
***** Seller has the right to accept or reject any or all offers unless this auction is deemed ABSOLUTE. Please refresh your browser to keep updated on current bid.
** All other personal property which remains in the home as of the day of closing shall transfer with the property at no extra cost to buyer and no value given to items.
Any technical issues will be handled by the Auction firm as they see fit and may extend bidding on all items.
If you have a problem bidding, please call 920-374-0501.
This auction features an auto bid extend. Auction end times: Online Auctions are timed events and all bidding will close at specified times. Online Auctions also have an auto extend feature. When a bid is placed in the final 2 minutes of bidding the auction bidding will automatically be extended 2 minutes from the time the bid was placed. ie: If an auction is scheduled to close at noon, receives a bid at 11:59 the close time will automatically extend two minutes. The auto extend feature remains active until no further bids are received within a 2 minute time frame.
Call our office with any questions before the auction closes. (920)-849-2222
Personal Property Auctions and Online Real Estate Auctions:
Buyer is responsible for all packing & shipping fees. * All items sold "AS IS, WHERE IS" with all faults. * No implied or express warranties. * All descriptions believed accurate but not waranteed. * Bidder inspection is encouraged. * By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them.
* Thiel and Thiel Auciton Service or Thiel Real Estate reserves the right to reject any bid at our sole discretion. Employees of Thiel and Thiel Auction Service may bid on items on this auction per contract with seller, and pay all standard buyer fee's for personal property or Real Estate Auctions.
* In the event of failure of the online bidding system or other technical failure, we reserves the right to cancel, extend and/or reopen the auction. The bidder contract entered into between the bidder who name is registered to this account and Thiel and Thiel Auction Service. Bidder and auctioneers agree that the terms listed below shall govern this auction. 1. Full payment shall be made before any items leave the premises. 2. Terms of auction: Unless auction is announced as absolute the auctioneer/auction firm has the right to reject any and all bids. The auctioneers/auction firm further has the right to bid on behalf of the buyer, the seller, or on their behalf. Auctioneer/auction firm reserves the right to divide any lot, to combine any two or more lots, or withdraw any lot or lots from the auction. Payment for purchases must be made according to terms of each particular auction. A Buyers fee will be added to bid price to arrive at the sale price. Any sales tax would be figured on this final sale price. All sales are subject to State Sales Tax Laws. Bidder agrees not to stop or change payment and is responsible for any expenses due to collection of Payment.
Bidder agrees not to pursue chargebacks on any credit card payments. 3. NO WARRANTY: The descriptions of items in this auction are believed to be correct. Never the less, neither those descriptions nor any oral statements made by Owner, its Officers, Agents or Employees of auctions concerning any item shall be constructed as a warranty, either express or implied. ITEMS ARE SOLD AS IS - WHERE IS. I, the buyer, have examined this merchandise and accept it the way it is. 4. SETTLEMENT: Must be made at the conclusion of the auction. Nothing is to be removed until settled for. Merchandise becomes the full responsibility of the Buyer at time of purchase, and Buyer assumes all risk of loss and damage to property. Owner and Auctioneers agree that merchandise may remain on the auction premises for a period of time following the auction. The date by which all merchandise must be removed from the premises will be announced by Auctioneer. 5. RESALE: Auctioneers reserve the right to resell any property not paid for in full . The Buyer shall be responsible to Auctioneers for any expenses of resale and collection and damages resulting from the resale.
6. INJURY & DAMAGE:Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his Agent, and further agrees to hold Auctioneers, Owners, its Officers, or Employees harmless for any personal injury to himself or his Agents and any property damage incurred on auction premises.
7. By signing/clicking/agreeing/entering this auction you give Thiel and Thiel Auction Service / Thiel Real Estate permission to add your name to their mailing list. You can unsubscribe at any time. You Also Agree To all The Terms Above.
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.
Seller User Terms
Bidder User Terms