Full Conditions of Sale for 320 Marks Road
Auction Terms and Conditions
Thank you for your interest in this property! To learn more about bidding on or buying this property, please read these terms and conditions in their entirety.
BINDING AGREEMENT
These Auction Terms and Conditions are a binding agreement between you and Richard F. Kruse, the Private Selling Officer (the “PSO”) who is conducting the auction of, or providing information about, this property. By registering to bid on this property, you are accepting the terms and conditions of this agreement and agree to be bound by this agreement. If you do not accept the terms and conditions of this agreement or do not want to be bound by it, do not register to bid on this property.
DEFINITIONS
Defined terms for this agreement are indicated in italics.
A bidder is a prospective buyer who places a bid on the property.
A bid is an irrevocable offer to purchase the property for the contract price.
The buyer’s premium is the amount added to the highest bid to determine the contract price. The buyer’s premium is calculated as a percentage of the highest bid. For example, if the highest bid is $100,000 and the buyer’s premium is 5%, the buyer’s premium is $5,000 and the contract price is $105,000. The buyer’s premium is due and payable to the PSO.
The contract price is the total purchase price of the property. The contract price is the sum of the highest bid, the buyer's premium, and the amount of costs, allowances, and taxes that the proceeds of the sale are insufficient to cover.
The highest bidder is the bidder who submits the highest bid at the auction of the property and satisfies the terms and conditions of the auction, including completing payment of the sale deposit on time. The PSO determines the highest bidder in his sole discretion.
The property details page is the page on this website that identifies the property up for auction and where bids are placed for that property.
The website is www.roup.com and its subdomains.
PUBLIC AUCTION; NOT A PRIVATE SALE
The auction is a public auction, not a private sale of real estate. As such, you acknowledge and agree that you will not receive disclosure statements or other documents customarily provided in a private sale of real estate, such as Agency Disclosures, Property Disclosures and Lead Based Paint Disclosures.
If you are the highest bidder and the court confirms the sale, you will be obligated to complete your purchase of the property for the contract price in accordance with orders from the court, Ohio law, instructions from the PSO, and the terms of this agreement.
NO ACCESS TO THE PROPERTY / VIEWINGS / INSPECTIONS
Access is not authorized until after the buyer takes title to the property. The PSO does not have any right to access the property and cannot give you, appraisers, lenders or inspectors access to the property. You agree that you will not access or attempt to access the property yourself or attempt to circumvent this prohibition by having someone else act on your behalf.
CONDUCTING DUE DILIGENCE ON THE PROPERTY
You must perform your own due diligence related to purchasing the property and independently verify all information about the property. Although information about the property has been obtained from sources thought to be reliable, the PSO does not make any guarantee or representations as to the accuracy or completeness of any such information and assumes no liability for any errors or omissions regarding such information. Any photographs of the property are provided for marketing purposes only and are not guaranteed to be a recent or fully accurate depiction of the property.
CONDITION OF THE PROPERTY; ASSUMPTION OF RISK
The property is being sold in its existing “AS IS, WHERE IS, WITH ALL FAULTS” condition, with no expressed or implied guarantees, representations, or warranties whatsoever, and with all faults, defects, and limitations, whether apparent or not. You are assuming all risks associated with purchasing this property. You must accept the property in whatever state and condition the property is in, with all defects, both patent and latent, and with all faults, whether known or unknown, existing at the time or arising in the future. All title reviews, repairs, inspections (if any), surveys, or permits related to the property are at your own risk and expense.
PURCHASER CONTINGENCIES
None.
REGISTERING TO BID
If you want to bid on a property, you must register in accordance with the website's registration requirements. When registering, you may not provide false information or impersonate, imitate or pretend to be someone else.
The PSO may require proof that your registration information is accurate. If you do not provide such proof, the PSO may terminate or suspend your use of the website. You may not bid on any property if you have been temporarily or permanently suspended from using the website.
The PSO may reject the use of any password, username, or email address for any reason.
You may register to bid only if you are able to form a legally binding contract to purchase real property under Ohio law. You cannot bid if you are a minor or incompetent or do not have the mental capacity or authority to enter into a contract to purchase real property.
If you are registering an entity, your registration constitutes a representation and warranty that you have the mental capacity to enter into a contract to purchase real property and actual authority to legally bind the entity to a contract to purchase real property. If you do not have this authority, you agree that you will be personally liable for your conduct.
If any of your registration information changes, you must update it promptly. Your failure to do so is at your own risk. You will not seek to hold anyone else liable for your failure to keep your registration information up to date.
SAFEGUARDING YOUR REGISTRATION INFORMATION
You are solely responsible for safeguarding your registration information and for updating and maintaining it. You are responsible for all actions taken with the use of your registration information. You may not authorize or permit anyone else to access or use your registration information, and you may not access or use anyone else’s registration information. You may not sub-license, transfer, sell, rent, or assign your registration information to any third party. Any attempt to do so will be null and void.
CANCELLATION / POSTPONEMENT
The auction might be cancelled or postponed at any time or the court might vacate the sale after the auction takes place or decline to confirm the sale. If you are the highest bidder, your purchase of the property might be delayed or you might not be able to complete your purchase of the property. You will bear all risk of loss in these circumstances and will not seek to hold anyone liable for any costs, expenses, or losses you may incur.
BIDDING ON THE PROPERTY
All bidding is open to the public without regard to race, color, sex, religion, familial status, disability or national origin.
If you place a bid on the property, your bid is an indication of your intent to purchase the property for the contract price. If you are the highest bidder and the court confirms the sale, you will be obligated to complete your purchase of the property for the contract price in accordance with orders from the court, Ohio law, instructions from the PSO, and the terms of this agreement.
EXTENSION OF THE AUCTION
If any bidding occurs in the final moments of the auction, the end of the auction will be extended automatically for successive fixed periods of time (the “anti-snipe time”). The auction will end after no bidding occurs during the anti-snipe time.
THE HIGHEST BIDDER
The PSO controls all aspects of the bidding process and reserves the right to reject any bid in his sole discretion. The PSO has sole and absolute discretion to determine the highest bidder, subject to the court's review of the results of the auction and the court's confirmation of the sale.
POST-SALE OBLIGATIONS
Completing the Purchaser Information Form. If you are the highest bidder, you must complete and sign a Purchaser Information Form and return it to the PSO within twenty-four (24) hours of the end of the auction.
Payment of the Sale Deposit. If you are the highest bidder, you must pay the full amount of the sale deposit required by law within twenty-four (24) hours of the end of the auction. Your payment must be made by wire transfer or other electronic means acceptable to the PSO. Cash and personal checks are not acceptable forms of payment. If you fail to pay the sale deposit on or before the payment deadline, you will be in default of your payment obligation.
Payment of the Balance Due. If you are the highest bidder, you must pay the balance due within thirty (30) days of the court’s confirmation of the sale. The balance due consists of (1) the balance of the contract price, (2) county transfer taxes, (3) county deed recording fees, and (4) any costs, allowances, and taxes that the contract price is insufficient to cover. Your payment must be made by wire transfer or other electronic means acceptable to the PSO. Cash and personal checks are not acceptable forms of payment. If you fail to pay the balance due on or before the payment deadline, you will be in default of your payment obligation.
CONSEQUENCES OF BEING IN DEFAULT OF YOUR PAYMENT OBLIGATION
If you default on your obligation to pay the sale deposit or the balance due by the deadlines for making such payments, then:
- You agree to forfeit the sale deposit.
- You agree to pay damages in an amount no less than the difference between your contract price and the contract price at a subsequent sale of the property.
- You acknowledge that you may be held in contempt of court under section 2329.30 of the Ohio Revised Code.
- Your eligibility to use the website may be suspended or terminated.
These consequences of default are in addition to any other remedies provided by law.
SALE CONTINGENT ON CONFIRMATION BY COURT
The sale of the property is contingent upon the court’s entering an order confirming the sale of the property. The sale of the property is not subject to any other contingency, such as a financing contingency, an inspection contingency, or an occupancy contingency.
PRIVATE SELLING OFFICER DEED
If the court confirms the sale, the PSO will convey title to the property via a Private Selling Officer’s deed in accordance with section 5302.31 of the Ohio Revised Code. No warranties of title are made in connection with the conveyance of title.
If you wish to take title in the name of an entity, the PSO may require documentation or information relevant to an entity's purchase of real property, such as entity formation documents and resolutions authorizing the transaction, all of which must be complete and accurate at the time it is provided.
TITLE INSURANCE
If the property is subject to section 2329.191 of the Ohio Revised Code, the highest bidder is covered by title insurance applicable to foreclosure actions in Ohio. Section 2329.191 requires the plaintiff in a foreclosure action relating to residential property to file a Preliminary Judicial Report (a "PJR") with the court and to update it with a Final Judicial Report. The PJR is a guarantee of the record title only and is made for the use and benefit of the guaranteed party, as defined in the PJR, and the purchaser at the judicial sale, subject to all exclusions, exceptions, conditions, and stipulations set forth in the PJR.
A PJR does not provide the same coverage as an owner’s title insurance policy. An owner’s policy provides greater coverage. If you wish to obtain an owner's policy, you may contact the title company identified on the property details page for additional information. An owner’s title insurance policy will be solely at your expense.
TECHNICAL PROVIDER AND TECHNOLOGY ISSUES:
In the sole discretion of the PSO, the PSO may use a third party to provide technical services to facilitate the auction. In the event there are issues related to any technology utilized during the auction, the PSO may extend the bidding, continue the bidding, or close the bidding. In no event shall the PSO be held responsible or liable for a missed bid, any failure of technology to function properly for any reason during the auction, or for the actions of any third-party service provider engaged by the PSO to provide services for the auction.
FORCE MAJEURE
If the PSO is delayed or prevented from the performance of the auction by reason of any act of God, act of nature, fire, act of government or state, acts of war or terrorism, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw material, energy or other supplies, labor stoppages or disputes of whatever nature, or any other reason beyond the control of the PSO, including, but not limited to any epidemic or outbreak of pandemic disease, performance of such act shall be excused.
DISCLAIMERS
The PSO has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (1) the property, including whether any information about the property is complete, accurate, reliable, current, or error-free, (2) the website, including the availability, accessibility, functionality, or security of the website and (3) accuracy of any photos utilized in marketing
OCCUPANCY
No representations are made about whether the property is occupied. If you are the highest bidder, all eviction proceedings and other duties and responsibilities of a real property owner and/or landlord, including compliance with federal, state or local laws, ordinances and regulations, will be your sole responsibility and obligation.
JURISDICTION OF THE COURT
The property and the auction process are subject to the jurisdiction of a court (the "Court"), usually the Court of Common Pleas in the county in which the property is located. Your rights and obligations are governed and interpreted by the laws of the State of Ohio, other applicable law, orders from the Court (collectively, "Applicable Law"), and the terms and conditions of this agreement. If there is conflict between this agreement and Applicable Law, the conflict will be resolved in favor of Applicable Law.
This agreement shall be construed, and the legal relations between the parties determined, in accordance with the laws of the State of Ohio, without regard to its conflicts of law rules. Any allegation, controversy or claim arising from or relating to an auction of property or brought in connection with this agreement shall be brought in the Court or, if the Court no longer has jurisdiction over the Property, then in the Franklin County, Ohio, Court of Common Pleas or the United States District Court located in Franklin County, Ohio. You hereby irrevocably consent to the exclusive jurisdiction and venue of these courts. You agree to submit to the personal jurisdiction of these courts, and you agree not to assert the doctrine of forum non conveniens in any action in these courts.
AMENDMENTS TO THIS AGREEMENT
The PSO reserves the right to amend the terms of this agreement at any time. All amendments become effective upon posting to the website. If you object to any amendment, your sole recourse will be to stop using the website and/or participating in an auction on the website. Your continued use of the website and/or participation in any auction on the website constitutes your acknowledgement of the amendment and agreement to be bound by the terms and conditions of this agreement, as amended.
Copyright 2022, Gryphon USA and Roup. No party is authorized to utilize these written sale terms, in whole or in part, without written consent of both authors.
