WEST CENTRAL AUCTION COMPANY
SIMULCAST AUCTION TERMS AND CONDITIONS
PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY. IF YOU HAVE NOT READ AND REVIEWED THE TERMS FOR SALE OF REAL ESTATE, DO NOT BID.
PROPERTY ADDRESS: 18839 Pine Lake Road, Monroe City, MO 63456
REGISTRATION REQUIREMENTS
All bidders, whether participating onsite or online, must register prior to the auction and obtain a valid bidder number. Online bidders must complete registration through the designated online bidding platform and provide a valid credit card for registration verification. Onsite bidders must register in person before the auction begins. Registration constitutes acknowledgment and acceptance of these Terms and Conditions.
ORDER OF SALE AND BUYER'S PREMIUM
OFFERING: The real estate will be offered in one tract, as a whole by the dollar, unless otherwise announced from the auction stand.
BUYER'S PREMIUM: A 10% Buyer's Premium will be added to the highest bid amount (final bid price) to determine the final Contract Price.
FORMULA: Bid Price + 10% Buyer's Premium = Contract Price
Example: If the highest bid is $100,000, the Buyer's Premium of $10,000 (10% of $100,000) will be added, making the total Contract Price $110,000.
The Buyer's Premium applies to all successful bidders regardless of participation method (onsite or online).
EARNEST MONEY DEPOSIT - 10% OF CONTRACT PRICE DUE
The successful bidder (Purchaser) will be required to pay a non-refundable earnest money deposit equal to 10% of the Contract Price (highest bid plus 10% Buyer's Premium) according to the following schedule:
ONSITE BIDDERS: Payment is due immediately following the fall of the auctioneer's hammer. The Purchaser must execute the Real Estate Auction Contract and submit the earnest money deposit before leaving the auction site. Acceptable payment methods include personal check, company check, cashier's check.
ONLINE BIDDERS: The Purchaser must execute the Real Estate Auction Contract and submit the earnest money deposit within 24 hours of the conclusion of the auction. Acceptable payment methods include personal check, company check, cashier's check. Wire transfer instructions will be provided in the contract package emailed to the successful bidder.
This deposit will be held in a non-interest-bearing escrow account under the control of West Central Auction Co. No disbursements will be made from this escrow account until closing or otherwise in accordance with this agreement.
REAL ESTATE AUCTION CONTRACT
The successful bidder must execute the Real Estate Auction Contract immediately following the auction (onsite bidders) or within 24 hours of receipt of the contract package (online bidders). The contract package will be provided onsite or emailed to online bidders at the conclusion of the auction.
IMPORTANT: Please note that the Real Estate Auction Contract will be executed at the close of the auction and will be drawn up based on the manner in which you bid. You will be closing on property on which you are the successful bidder in the final manner in which you bid at the auction.
SPECIAL INSTRUCTIONS: Any special instructions must be written on the Real Estate Auction Contract on the day of auction.
Failure to execute and return the signed contract with the required earnest money deposit within the specified timeframe will constitute a default as outlined below.
RESERVATIONS & RESTRICTIONS: Subject only to all City of Monroe City, Ralls County and State of Mo laws, ordinances and regulations. Also selling to all easements of record. Seller is placing no restrictions on the property. The owner does warrant that they have good merchantable title to the real estate and that they will convey the same with a warranty deed, free from all encumbrances, liens or judgments at the time of closing.
AUCTION CONTRACT: Please note that the Auction Contract will be executed at the close of the auction and will be drawn up based on the manner in which you bid. You will be closing on property on which you are the successful bidder in the final manner in which you bid at the auction.
WEST CENTRAL AUCTION CO. INVOLVEMENT IN THIS CONTRACT: The seller and buyer hereby agree that West Central Auction Co. is a part of this contract and shall receive compensation as stated in agreement hereto or as stated in listing agreement hereby made a part of.
CLOSING REQUIREMENTS
CLOSING DEADLINE: Closing shall take place on or before 30 days from the auction date. The Purchaser and Seller may mutually agree in writing to an earlier closing date if desired.
CLOSING LOCATION/AGENT: Closing agent/location will be provided no later than ten (10) days after the auction date.
PAYMENT AT CLOSING: The Purchaser must pay the remaining balance of the Contract Price (Contract Price minus the 10% earnest money deposit already paid) at closing. Payment must be made by cashier's check, certified check, or bank wire transfer.
CLOSING COST: Seller will prepare a warranty deed. Seller agrees to furnish at Sellers expense an Owner's Policy of Title Insurance in the amount of the purchase price. Seller and Buyer shall pay their share of the costs of closing.
TAXES: Taxes will be prorated to the day of closing.
SPECIAL NOTES: All property is being sold As Is, Where Is with no warranty written or implied by West Central Auction Co. or by the sellers.
DEFAULT AND REMEDIES
BUYER DEFAULT: Successful bidders not executing and returning the Real Estate Auction Contract with earnest money deposit within 24 hours of the conclusion of the auction (for online bidders) or immediately following the auction (for onsite bidders) will be considered in default. In the event a winning bidder fails to submit the signed Contract for Sale of Real Estate and 10% of High Bid Price in earnest money deposit, the winning bidder will be charged a penalty fee of $2,500.00 on the credit card provided at auction registration. Additional default remedies are reserved by West Central Auction Company and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. West Central Auction Company reserves the right to sell to the second-highest bidder in the event the successful high bidder does not comply with the terms of the sale.
LIQUIDATED DAMAGES: If buyer chooses not to close within stated time herein and no written extension has been granted by the seller, the buyer will forfeit all the deposit. If such action occurs, West Central Auction Co. hereby has the right to disperse the deposit as stated in the listing agreement and the buyer has no claims to such money or property being sold. Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost and additional cost of auction as not defined in this agreement.
POSSESSION: Purchaser shall receive possession of property at closing.
CONFIRMATION: Selling subject to owner's confirmation.
NOTE: This auction is being recorded by audio in its entirety for legal purposes.
AUCTIONEER'S AUTHORITY
All decisions of the Auctioneer are final and binding, including but not limited to:
- Increments of bidding
- Recognition and acceptance of bids
- Disputes among bidders
- Determination of the winning bidder
- Conduct of the auction
- Qualification of bidders
- Any other issues that arise before, during, or after the auction
The Auctioneer reserves the right to reject any bid, to withdraw any property from the auction, and to re-offer any property during the auction if circumstances warrant. The Seller reserves the right, at their sole discretion, to add or withdraw all or any portion of the property before the auction begins.
All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the seller or the auctioneers. Personal on-site inspection of all property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, right-of-ways, or any other information that can be obtained as public record in the Ralls County Court House and the City of Monroe City concerning subject properties
West Central Auction Co. is the agent of the seller and their fiduciary duties of loyalty and faithfulness are owed to their client (the seller).
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, West Central Auction Company, reserve the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor WEST CENTRAL AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by West Central Auction Company.
BIDDER ACKNOWLEDGMENT AND AGREEMENT
By registering for and participating in this auction, whether onsite or online, I acknowledge and agree that:
- I have received, read, understand, and agree to all information contained in these "Terms and Conditions"
- I have had the opportunity to inspect the property and conduct my own due diligence
- I am not relying on any representations or warranties from the Seller or West Central Auction Co.
- I understand that a 10% Buyer's Premium will be added to my high bid to determine the Contract Price
- I am prepared to pay a 10% earnest money deposit of the Contract Price immediately (onsite) or within 24 hours (online)
- I am prepared to close on or before 30 days from the auction date
- I understand the property is sold "AS IS, WHERE IS" with no warranties
- I understand and accept all risks associated with online bidding, including technical failures
- I accept the Auctioneer's decisions as final and binding
- I understand the consequences of default, including forfeiture of earnest money and a $2,500 administrative penalty
- I understand that West Central Auction Co. represents the Seller, not me as the Buyer
- I have investigated or had the opportunity to investigate all matters of public record affecting the property
- This sale is subject to Seller's confirmation
Bidder Name (Print): ____________________________________________
Bidder Signature: ____________________________________________
Date: ____________________________________________
Bidder Number: ____________________________________________
Email Address: ____________________________________________
Phone Number: ____________________________________________
