Soldasap, LLC Auction Participation Terms and Conditions Certification
Auction Properties: 720 W Emerson St., Paragould, Arkansas 72450
Auction Ends: Tuesday, September 1st @ 1:00PM
Online at www.soldasap.com or Live at 301 W. Court St. Paragould, AR 72450
Terms and Conditions Certification for Auction Participation
To participate in this auction, you must agree to these Terms and Conditions. By checking, bidding and or signing and returning this certification to Soldasap, LLC or its representatives, I certify the following:
Binding Effect of Bidding By placing a bid, regardless of whether a signed certification or proof of financial ability has been submitted, the bidder expressly acknowledges and agrees to be legally bound by all terms, conditions, and procedures set forth by Soldasap, LLC & OR SELLER. Participation in the auction, whether through in-person, online, or absentee bidding, constitutes the bidder’s full acceptance of all auction terms. By signing and returning this certification to Soldasap, LLC or its representatives, or by placing a bid in any form, I affirm and certify that I have read, understand, and agree to be bound by all published terms and conditions of the auction.
Auction Agreement
I acknowledge that this is a confirmation auction, Buyer understands and agrees that closing shall be contingent upon obtaining approval from the Paragould City Council and the Mayor of Paragould. If I am the successful bidder, I will sign the Agreement of Purchase and Sale immediately upon notification, which I understand is legally binding. If am bidding on behalf of an LLC or a Corporation, I understand the corporation or LLC must be in good standing and must provide the closing company Paragould Title with the Operating Agreement for the LLC or Corporate bylaws for a corporation specifying I have the authority to sign for the entity.
Buyer’s Premium
There is no buyer’s premium. The contract sales price will be the final bid.
Agency Representation
The Auctioneers represent the Seller only, with no dual agency relationship.
Public Disclosure
The purchase price will become public information immediately after the auction and may be published.
Survey Requirement
The property is not contingent on a satisfactory survey. If a survey is desired, it will be at the buyers expense, and the contract is not contingent upon survey results. The acreage size is acquired from the courthouse records and is not guaranteed.
Property Condition
All property is sold "AS IS, WHERE IS," with no warranties, expressed or implied.
Post-Auction Clean-Up
Soldasap, LLC, and the Seller are not responsible for the clean-up, removal, or disposal of any items or structures remaining on the property after the auction.
Financing Contingency
I understand that this contract is not contingent upon obtaining financing, and I am obligated to complete the transaction regardless of my financing status. If I am the high bidder, I agree to provide a certified check, cashiers check, personal check or wire for the earnest money deposit of $1,000 per parcel, payable to Soldasap, LLC or the Closing Title Company, immediately or no later than 5pm day of auction. The buyer's failure to close will result in the forfeiture of the deposit.
Seller's Rights
The seller reserves the right to seek additional damages beyond the forfeited earnest money deposit if I fail to meet my obligations as outlined in this agreement.
Closing Timeline
The closing will occur within 30/45 days of the auction date, with "time being of the essence" unless otherwise agreed.
Closing will be held at Paragould Title Company, 414 W. Court St. Paragould, AR
Auction Conduct
The auctioneer has sole discretion over auction conduct, bidding increments, and resolving disputes among bidders. Decisions by the auctioneer are final. Soldasap, LLC is not responsible for missed bids, technical difficulties, or connectivity issues on either the bidder’s side or Soldasap's, LLC’s side. In case of technical difficulties, Soldasap LLC has the right to reopen bidding at its sole discretion.
Announcements
Official announcements by John & Tasabah Malone, sent out prior to the time of sale take precedence over printed materials. Property details, including dimensions, utilities, and school districts, are provided as a reference but are not guaranteed. Verification before bidding is the buyer's responsibility.
Bidding & Bid Assistance
Soldasap, LLC, provides a transparent and fair auction environment. In certain situations and at the request of bidders, Soldasap, LLC may assist by placing bids on their behalf. This service does not establish any agency or representation of those bidders. Soldasap, LLC, and its agents also reserve the right to place bids on behalf of clients, customers, or employees. Although Soldasap, LLC may bid for a potential buyer, Soldasap, LLC undertakes no obligation to place all requested bids and does not guarantee that such bids will be submitted due to possible timing issues, technical difficulties, prior bids placed by registered bidders & other factors. For a seamless auction experience, bidders are encouraged to monitor their bids directly and to be responsible for placing bids as they see fit either live onsite or online. Soldasap, LLC represents the seller. Use of the internet bidding option through any website is at your own risk. To ensure proper bidding, bidder should be careful and consider attending the LIVE auction at Paragould City Hall, 301 W. Court St. Paragould, AR. Auctioneer does not guarantee its web sites or function.
Note:
I am aware that Marknet Alliance & Soldasap, LLC can view all my bids, including my maximum bids, through the backend of their website. Buyers are encouraged to register early and not wait until the last minute to place their bids. Soldasap, LLC represents the seller only. See: Agency Representation disclosure on the website.
Confirmation by Seller
This property is sold subject to seller confirmation. Auctioneers have 48 hours post-auction to present the high bid for seller approval. My bid is irrevocable.
Closing Costs
The buyer is responsible for all buyer closing costs, and the seller will cover seller closing costs.
Title Insurance and Marketable Title
The buyer can review the title insurance commitment before closing. If title issues arise, the seller has at least 30 days to cure them. A marketable title by general warranty deed or similar deed will be provided, and the seller will supply their title insurance. If the seller is unable to provide a Marketable Title, the buyer will have the option to declare the contract null and void, and have the earnest money or down payment be returned to the buyer.
Taxes and Revenue Stamps
Real estate taxes shall be prorated to the date of closing. Any current real estate taxes due and payable for the period of the Seller’s ownership shall be paid by the Seller at closing. The City of Paragould may be exempt from real estate taxes, depending on the property and applicable exemptions. Revenue stamps, if applicable, shall be the responsibility of the party required by law to pay them. The City of Paragould is exempt from revenue stamps where applicable.
Default or Non-Compliance
If I fail to sign the purchase agreement immediately upon notification as the high bidder and put down the earnest money by 5pm the day of auction, my rights to purchase may be forfeited, and the auctioneer and seller may reopen bidding or sell to another party. I will be liable to pay the seller 10% of my final bid or $1,000.00 whichever is more. Seller will retain the right to seek further damages and auction company and or seller reserves the right to ban the buyer from bidding at future auctions.
Federal Law
Collusion or bid-rigging at auction is illegal and violates anti-trust laws. Bid rigging occurs when two or more bidders work together to control or influence the outcome of an auction instead of competing independently. It is a form of cheating that prevents fair competition and is illegal under both federal and Arkansas law. By registering to bid, I agree not to engage in any such activity and, further, agree not to discuss the auction or my bids with any other party.
Liability
Participation is at my sole risk. Neither the Seller, Auctioneer, their agents, contractors, or employees are liable for my participation.
Acknowledgment of Terms
By registering, I confirm receipt of the Auction Terms and agree to be bound by it. A sample real estate contract is available for your review per request. I understand that if I wish to have my attorney review the contract, it needs be done prior to bidding to avoid any potential delays. Post auction if I wish to have my attorney review the contract I understand my attorney should be available immediately following the auction, as the transaction timeline will proceed as scheduled.
Intellectual Property
The Auction is the exclusive intellectual property of Soldasap, LLC, and may not be recorded or reproduced by any party without consent.
Property Auction Disclaimer
Certain properties may have specific conditions (for example, condemned structures). Any property that includes a structure that will be condemned prior to the auction will be sold “as is - condemned,” meaning the buyer accepts that the structure cannot be rehabilitated and will need removal. Property details are taken from public records and are provided for reference only. Buyers are encouraged to inspect at their own expense prior to bidding.
The buyer for the property 720 W Emerson Street in Paragould will be required by the city of Paragould to tear down the current structures within 30 days of purchase or action will be taken by the city.
By participating in this auction, the Buyer acknowledges and agrees that the purchase is made strictly on an “as-is” basis, with no inspection contingencies or allowances for any defects or conditions discovered after the auction. The Buyer assumes all risks and liabilities associated with the property upon closing. All sales are final.
Buyer understands that the City of Paragould will strictly enforce all deed restrictions. Buyer should carefully review all covenants and restrictions before bidding on the property. Failure to follow these covenants and restrictions could affect Buyer's future use or ownership of the property.
Buyer acknowledges receipt of and agrees to the Restricted Covenants, which are included in this link (see link) and made part of this agreement. Buyer also acknowledges the requirements of the City of Paragould Add Sec. 46- Midtown Overlay District Strategy, which are provided on the following pages.
By bidding and or signing below, I certify that I have read, understand, and agree to the Terms and Conditions for auction participation with Soldasap, LLC.
Signature: ___________________________
Printed Name: ________________________
I confirm that I will be purchasing the property by:
Please indicate your choice by marking one of the options above.
Date: _______________________________
Email: ______________________________
Phone Number: _______________________
Name You Are Taking Title In: ___________________
Add Sec. 46- Midtown Overlay District Strategy
The Midtown Neighborhood as identified in Discover Paragould 2042 is a Core Historic/Legacy neighborhood identified for reinvestment and revitalization. The Midtown Overlay District is intended to stimulate and support neighborhood reinvestment and preservation by establishing certain development standards. These standards are applied as a supplement to the base zoning of the individual parcels in the district. The standards include design criteria for new and redeveloped structures.
Redeveloped structures, for the purposes of the Midtown District, shall mean those proposed for improvement where the value of contracted improvements exceeds 50% of the most current appraised value of the structure as determined by the Greene County Tax Assessor.
The boundaries of the Midtown overlay district are illustrated on the Paragould Zoning Map.
a. Primary entrances shall be oriented toward, and be directly accessible from the sidewalk, with no interruption by driveways or parking areas.
b. Porches - Newly constructed single-family dwellings shall provide covered front porches that extend a minimum of forty (40%) percent of the width of the dwelling (excluding garages). Such porches shall be a minimum of six (6) feet in depth.
c. Should access to the structure or building be available via an alleyway behind the structure of building, there shall be no new off-street driveways permitted in the Midtown District.
d. All newly constructed single-family dwellings shall have a finished first floor level with a minimum of 18 inches above the existing grade. Measurement shall be taken from the midpoint of the proposed development.
e. Metal roofing is prohibited on any structure in the Midtown District.
a. Newly constructed single-family dwellings situated on lots accessible by a rear service alley shall not be permitted attached or detached garages that are accessible from the principal street frontage. In such instances, garages shall be permitted that are accessible from the rear service alley.
b. Newly constructed single-family dwellings situated in lots that are not accessible by a rear service alley with attached or detached garages shall be given the option of separating from the sidewalks by a natural hedge, picket, brick, or fence a maximum of three and one-half (3.5') feet in height. (No chain link fencing will be allowed in the Midtown district.)
a. Minimum width for sidewalks in all overlay districts shall be five feet in width and ADA compliant.
b. A two (2) feet wide planting strip shall be constructed adjacent to the street between the street and the sidewalk where applicable.
c. Damaged sidewalks shall be replaced. Sidewalk slopes should not be steeper than 1:20. Cross slope should not be steeper than 1:48.
d. Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways.
a. The Midtown District Residents shall be encouraged to plant Maple trees. Maple trees will only be encouraged to be planted in the Midtown District as to make it a unique attribute.
b. New construction shall be required to install a minimum of one Maple Tree in an appropriate location in front yards. Minimum planting size shall be 15 gallon and 1" diameter at breast height (DBH).
c. The City and its partners will work hard to make Maple trees readily available to property owners.
a. Variance requests from the requirements of this section shall be made in accordance with the procedures set out in Article 9 Sec. 9.9 and any other applicable section of this code. However, such request shall first be submitted to the Paragould Land Bank Commission for comment and recommendation prior to official application to the City of Paragould.
a. Uses shall be controlled by the underlying base district. However, multi-family use shall be prohibited.
