Please review and confirm the provided terms and conditions for public online auctions in order to register:
10% Buyer's Premium
REAL ESTATE TERMS & CONDITIONS As Is, Non contingent transaction. Buyer to all due diligence prior to the auction date. Buyer will execute purchase and sale contract at completion of auction and place 10% of of the high bid into escrow within 24 hours of the end of the sale. Sale is not contingent on appraisal, inspection or financing. Buyer can have inspection and appraisal done prior to auction and may use financing but this transaction will be treated as a CASH purchase. Use the time prior to the auction to complete all due diligence.
Welcome to our Auction, we hope you enjoy your experience. Please take a moment and read our terms and conditions. If you have questions regarding these terms, please call our office. If you are being represented by an agent we are paying broker participation IF your agent registers using the broker participation form available by email. Contact Matt Sandmann at [email protected] or 5807753539 Please note that all broker participation forms must be filled out completely and received no later than 48 hours prior to the close of the auction. Broker participation is 3% of the winning bid. Example: Winning bid of $100,000 = $3000 broker participation paid to broker at closing.
This property will be sold subject to the owner's confirmation which means the owner has the ability to reject or accept the final bid. Furthermore, this is an estate and the probate court may be required to approve the contract of sale prior to closing. By registering in our auction today you agree to our terms & conditions and will be bound by those Terms and Conditions. A ten percent (10%) buyer's premium will be added to the high bid to establish the total sales contract price. The successful high bidder on this property will be required to sign a Real Estate Sales Contract, Terms & Conditions, and any other documents needed immediately upon conclusion of the bidding and will make a nonrefundable deposit of 10% into escrow. Payment may be made by personal check; cashier's check, wire transfer or cash. The balance is to be paid in full at closing.. Current taxes will be prorated at the date of closing.
Seller will provide up to date Abstract. Buyer is responsible for title opinion, title insurance, recording fees, and quiet title costs if required. Customary closing costs will be paid by the buyer. Buyer is to obtain their own financing but the auction is not contingent upon it. The contract will not be contingent upon financing, inspections or any other contingencies. Auction and its auctioneers and agents are representing the sellers as the sellers' agents. Southern Comfort Realty gives notice that the auctioneer or agent can bid on behalf of the seller up to the reserve price. All properties are sold "AS-IS, WHERE-IS and WITH ALL FAULTS," without any warranties expressed, implied or guarantees of any kind. Agent represents the seller only and does not inspect properties on the bidder's behalf. All measurements, square footage and age are approximate and not guaranteed. Seller and or agent makes no warranty as to the accuracy of information. All information is deemed reliable, but not guaranteed. Buyer to verify all information to their satisfaction prior to bidding. Oklahoma Residential property exemption notification and lead-based paint disclosure will be a part of the sales contract.
Bidder understands and agrees that this agreement and all rights of the parties there-under, shall be governed by the laws of the County of Johnston, State of Oklahoma and any action brought by either party shall be brought in the Courts of the State of Oklahoma. In the event that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the forum selection is unenforceable it is still the intention of the parties that the Laws of the State of Oklahoma govern the parties agreement and their rights attended thereto. Buyer agrees that any legal filed action will take place within the county of Johnston, City of Tishomingo, State of Oklahoma. If you are bidding online please note, the auctioneer may without notice, withdraw, extend or rearrange any property, and or item at their sole discretion at any time and will not be liable for any computer, internet or website malfunctions. In an online only auction bids that are placed within the last minute, will cause bidding to automatically extend to prevent bid sniping. Payment must be made within 24 Hours after you are the winning bidder. Southern Comfort Realty will have up to 7 DAYS to provide the Buyer with any documents to be signed after the auction has ended.
(1.) All online bidders must register and submit an application for bidding approval and receive a bidder number before actual bidding can begin. You will receive your bidder number by email. Upon confirmation of your email address, this bidder number and your selected password will allow you to bid on any available item. Bidder numbers will be generated by the website, and passwords must contain at least 8 characters. By becoming a bidder with Sandmann Auction Group LLC, you give Sandmann Auction Group LLC express permission to send updates and notifications via email and/or text message to the contact information provided with your the account. Email notifications may be sent through both our main web servers as well as additional third party email programs.
(2.) All items are sold as is and where is with no warranty or guarantee implied or intended by the seller or the auctioneer. Loading assistance is NOT typically available unless otherwise stated. All sales are final and the bidder is responsible for knowing which item he or she is bidding on. Sandmann Auction Group LLC recommends all bidders make every effort to confirm information from the item's full description, confirmation with the seller, and physical inspection as to the usability and condition of every item they bid on. Bidder is completing a legal binding contract when placing a bid on any item that you agree to these Terms and Conditions, that the bid placed is correct, and that the bidder will complete the contract by paying for the item that was bid on as well as picking up the item per these Terms and Conditions. Once the item is declared sold, it becomes the responsibility of the buyer with all liabilities attached thereto.
(3.) The interactive bidding format will allow bidding by default set increments or you may place a maximum bid. You will see the results or your bid immediately upon placement. You may bid from any page where items are displayed including the: "Browse", "Ending Soon", "Watching", or "Bids" pages. All bidding for online auction items will begin closing at the day and time listed for each specific item. Item closings are dynamic, meaning that should a bid be placed on any item within the last 60 seconds of closing, bidding will be extended for an additional 60 seconds until all bidding has ceased. Users acknowledge that the online auction service may or may not function as designed for reasons beyond our control. Under no circumstances will bidder or seller have any claim against Sandmann Auction Group LLC, Swico Software Solutions, its website designer and/or developer, host or anyone else if any applicable internet service is interrupted for any reason causing any problems with the ability to bid and/or place items for sale. Sandmann Auction Group LLC will not be responsible for any missed bids!
(3A.) In the case of any seller reserves Sandmann Auction Group, LLC reserves the right to bid on behalf of the seller until the reserve is met. We will also be glad to show reserves following the auction upon request. According to the UCC all auctions are with reserve unless expressly stated otherwise. In the effort to be transparent we will be glad to show agreed to reserves when requested following an auction.
(4.) For Live Auction Items, you are placing absentee bids! The high bidder and associated high bid for each live auction item at the designated online closing time BEFORE the live auction portion of an event will be the opening bid for the live auction and additional bids will be placed for you up to your maximum bid. If your set max bid is outbid then the onsite bidder gets the item. If your max bid or any lower automatic bid wins as the final high bid, then you get the item and have 5 business days to pick it up. You will be called on sale day that you won the item and payment has been made. We will charge your card on file for payment one time only. If the card is declined, then it goes back to the next onsite bidder or may be resold the same day. If payment is made an invoice is sent out via email no later than the morning after the live auction portion of the event.
(5.) Acceptable payment is by Visa, MasterCard, American Express and Discover credit cards. Invoices will be processed immediately after the last item for the day has closed, with payment being applied to the credit card on file unless prior arrangements have been made. All purchases are due and payable in US funds. A declined payment notice will be attached to any invoice where the credit card has been declined. If a change of credit cards is required a buyer may update their card information through their profile page as needed.
(6.) Included in all paid invoices will be a contact for scheduling pickup with the seller. Buyers MUST present an invoice as proof of purchase when picking up their purchases from the seller! All of your invoices as a buyer can be found by clicking on the available Invoices page button and/or from the main account profile page.
(7.) Items not picked up will be considered abandoned and properly disposed of by the seller with no refunds!
(8.) Vehicle title papers will be issued by the seller at the time of pickup if paying with cash, titles will be mailed if paying with check to the buyer as shown on the invoice unless the seller is notified of a change at the time of scheduling the pickup. Odometer readings are not guaranteed to be actual unless so indicated.
(9) SANDMANN AUCTION GROUP, LLC will process all firearm transfers in strict accordance with all Federal, State, and local laws. It is your responsibility to check your state and local laws before bidding. Do not bid on these items if you are unable to purchase, own or possess a firearm according to your residency laws. If you bid and find out later you cannot legally own/accept delivery, the bid is still a valid contract that you must pay. Notwithstanding anything else herein, SANDMANN AUCTION GROUP, LLC reserves the right to void any sale of a firearm if SANDMANN AUCTION GROUP, LLC determines in its sole discretion that Bidder is not legally permitted, licensed or otherwise suitable for the purchase of the Item(s).
Firearms Designations
Antique (A)
Modern (M)
Curio & Relic (C&R)
Firearm Checkout and Pick Up at SANDMANN AUCTION GROUP, LLC
1. The registered name of the bidder number must match the individual who picks up the firearm(s) at the conclusion of the sale. Federal Law does not allow anyone else to accept the transfer.
2. Licensed Bidders, for example Federal Firearms Licensees ("FFL") or Curio & Relic License holders, must present a current and signed copy of their license. All Curio & Relic licensee purchases must adhere to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) Curio & Relic requirements.
3. Non-Oklahoma residents who wish to pick up a long gun at our location are required to complete a form 4473 and background check following payment.
4. Non-Oklahoma residents may not pick up handguns without a valid FFL.
Oklahoma Residents
1. Modern firearm sales to non-licensed Oklahoma buyers that want to pick up firearms at our location are required to complete a form 4473 and background check.
2. If "Denied" by the background check, you will not be able to take possession of the firearm and it will be consigned to the next available firearm auction. Bidders who bid on and win Items own the Items and are fully responsible for payment as set forth in these Terms, regardless of whether the FBI/ATF approves of Bidder taking physical possession of the Items. SANDMANN AUCTION GROUP, LLC will not cancel the sale due to a "Denied" background check for any reason.
Firearm Shipping
1. All firearms that require shipping are legally required to be shipped directly to a Bureau of Alcohol, Tobacco, Firearms & Explosives licensed FFL dealer within your state of residence for transfer and pickup. For states that allow shipment of Curio & Relic firearms to the Curio & Relic license holder, SANDMANN AUCTION GROUP, LLC reserves the right to ship those firearms to the address listed on Curio & Relic license. Purchaser is responsible for all shipping and transfer costs incurred.
2. Modern handguns are generally shipped via UPS Next Day Air or FedEx, at SANDMANN AUCTION GROUP, LLC discretion, and as required by law.
3. Modern long guns are generally shipped via UPS Ground or FedEx, at SANDMANN AUCTION GROUP, LLC discretion, to an FFL dealer and as required by law.
4. Upon Purchaser's receipt of invoice, Purchaser must confirm the validity of the FFL itself and the corresponding FFL ship-to address on the invoice. If this information is not included on the invoice or needs to be updated/changed, Purchaser must contact a licensed dealer and submit their FFL to [email protected] with their name and paid invoice number notated in the subject field.
5. SANDMANN AUCTION GROUP, LLC will not ship firearms, firearm parts, firearm accessories or ammunition internationally.
6. Some states, including California, New York, Illinois, New Jersey & Connecticut, require an FFL or FOID card with valid identification to ship. It is your responsibility to check your state and local laws before bidding. Do not bid on these items if you are unable to purchase, own or possess a firearm according to your residency laws.
7. We cannot ship ammo to Alaska, Hawaii, Massachusetts, New York City, Chicago, Los Angeles or Washington, DC. It is your responsibility to check your state and local laws before bidding. Do not bid on these items if you are unable to purchase, own or possess a firearm according to your residency laws.
Additional Terms
1. Long guns will only be sold to persons 18 years of age, or older. Handguns will only be sold to those persons 21 years of age, or older. Dealers are bound by these minimum age requirements.
2. All firearms sold are "collectible" items, therefore SANDMANN AUCTION GROUP, LLC does not test the safety or warrant functionality of these firearms. All firearm purchases should be examined by a certified gunsmith prior to shooting.
3. SANDMANN AUCTION GROUP, LLC reserves the right to deny the sale of a firearm to any Bidder.
4. SANDMANN AUCTION GROUP, LLC does not accept any responsibility or liability for the sale of items containing materials from protected species or for any omission in marking or labeling goods as containing materials from protected species. Such materials include, but are not limited to, ivory from elephants and walruses, tortoise shell, crocodile skin, whalebone, rhinoceros' horn, some species of coral and certain woods. Restrictions on the importation, exportation, sale, transfer, and/or possession of goods containing materials from protected species derive from international, federal, and state laws and regulations promulgated thereunder. Laws include, but are not limited to, the Convention on International Trade in Endangered Species of Flora and Fauna (CITES), the Endangered Species Act (ESA) and the Marine Mammals Protection Act (MMPA). States currently restricting trade of protected species include, but are not limited to, California, New York, and New Jersey.
5. Bidders are on notice that several countries completely prohibit importation of property made, all or in part, of protected materials. Some countries require special permits, such as a CITES permit, from the relevant regulating authority in the countries of exportation and importation as well. Bidders intending to import the property into another country should be familiar with the relevant customs laws and regulations prior to bidding on goods containing material from protected species. Regulations may vary as the U.S. generally prohibits importation of articles containing material(s) from species it has designated endangered or threatened if the articles are less than 100 years old, subject to certain exceptions.6. It shall be the Bidder's sole responsibility to research and satisfy the requirements of any laws and regulations that apply to the import and export of property as described in the aforementioned paragraphs. All Bidders agree to comply with any and all domestic and international restrictions on the trade of protected species as a condition of the sale. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is Bidder's responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. SANDMANN AUCTION GROUP, LLC is not able to assist Bidder in attempting to obtain the appropriate licenses and/or certificates, and there is no assurance that an export license or certificate can be obtained. The inability or delay in obtaining permits, licenses, or other permissions to import or export goods containing material from protected species will not constitute a basis for rescission or cancellation of the sale of the delay in payment of purchased items in accordance with these Terms.
7. Purchasers who have made their payment within the due date of five (5) calendar days who wish to report a problem must notify SANDMANN AUCTION GROUP, LLC within three (3) calendar days of receipt of their purchased item. Purchasers who have not made payment within the due date of five (5) calendar days may not return items under any circumstances.
(10.) Any legal action arising from transactions related to any auction conducted by Sandmann Auction Group LLC, will be conducted in Atoka County, Oklahoma USA and under the current laws of the State of Oklahoma, USA. All operations of this web page are based in Oklahoma and operated under the current laws of Oklahoma, regardless of user or operator computer location.
(11.) These Terms and Conditions are subject to change at anytime and Sandmann Auction Group, LLC, recommends that they are reviewed periodically to keep up to date on any changes. When placing any bid we remind you to review these terms using the available links throughout the website.
