Ultimate Choice Auction Terms
1. REGISTRATION: This is an online only auction. You will need to register online to bid and agree to all terms. By registering, all bidders acknowledge having read and agree to be bound by the Auction Terms and Conditions. A Bidder Registering To Bid In The Auction And Accessing The Auction Website Confirms That Bidder Fully Understands These Terms Of Auction And Unconditionally And Irrevocably Agrees To Be Bound By Them, Along With Any Additions, Deletions, And/Or Revisions Published To This Document By Auctioneer Before The Commencement Of The Auction.
IF YOU HAVE NOT READ AND REVIEWED THE TERMS FOR SALE OF REAL ESTATE, DO NOT BID. We encourage bidders to view all properties.
2. NOTICE OF SANITARY LANDFILLS: Buyers are hereby notified that Tract 1 contains Kahle’s Sanitary Landfill Site #4, a closed sanitary landfill with solid waste disposal area permit number 0107309. In addition, Tract 2 contains Kahle’s Sanitary Landfill Site #3, a closed sanitary landfill, with solid waste disposal area permit number 0107308. The MDNR aerial imagery maps provided on the auction website, is an estimate of the location of each landfill’s waste pit with an approximate 25-foot buffer area around the edge of the pit. Each pit and buffer area, as permitted solid waste disposal areas, are subject to the Missouri Solid Waste Management Law and regulations, which require the buyer to restrict use of the areas and perform continuing maintenance and care to protect the integrity of the areas. Also, the buyer of either or both tract(s) mentioned above, that contain(s) any solid waste disposal area (landfill), may be assuming liability to the state for any remedial or corrective action at either site. Questions about this solid waste disposal areas or the liability incurred from purchasing the areas should be directed to the Waste Management Program at (573) 751-5401.
3. ULTIMATE CHOICE: Property is being offered in tracts and combinations. Bidding will be on individual tracts up to the day of auction. Combinations of tracts will be open for bidding on Thursday, March 28th at the appropriate time as determined by the Auction Company. Once you have bid on an individual tract, and a combination of tracts has been placed, you could be put back in the winning position on the single tract you bid on when the combination is broken out to single tracts. There is no max bid feature for this auction. The bid you place is the bid that will be posted. (Example: If the current bid is $100,000.00 and you submit a bid of $150,000.00, that is what will show on our website as the high bid at that time.)
4. SPECIAL NOTES: All property is being sold AS IS, WHERE IS with no warranty written or implied by Atterberry Auction & Realty Co. or by the sellers. Any items remaining in or on the property at time of closing will convey with the property. Successful bidder not executing and returning the contract with earnest money deposit by end of business day of the auction will be considered in default. In the event a winning bidder fails to submit the signed Contract for Sale of Real Estate and required earnest money deposit, Atterberry Auction & Realty Company reserves the right to charge the winning bidder a penalty fee of $1,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by Atterberry Auction & Realty Company and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. Atterberry Auction & Realty 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.
5. AUCTION END TIMES: Atterberry Auction & Realty Online Auctions are timed events, and all bidding will close at specified time. Online Auctions also have an auto extend feature. Any bid placed in the final 3 minutes of an auction will refresh the timer to 3 minutes. Example: if an auction scheduled to close at 12:30 receives a bid at 12:29, the close time will automatically extend to 12:32. The auto extend feature remains active until no further bids are received within a 3-minute time frame.
6. ACCEPTANCE OF FINAL BID: Seller reserves the right to accept the final bid on each tract.
7. BUYER’S FEE: A buyer’s fee of four percent (4%) shall be added to the high bid, per tract, and included in the total purchase price to be paid by each successful bidder. Example: if the high bid is $200,000.00, the contract will be written for $208,000.00.
8. DOWN PAYMENT: The successful bidder shall be required to make a $15,000.00 per tract or $90,000.00 for entirety (non-refundable earnest money deposit), in the form of a personal or business check, certified check or wire transfer down by end of business day of auction with remaining balance due within 30 days or upon closing. Buyer shall be responsible for any wire transfer fees, if applicable.
9. FINANCING: Financing is not a contingency of sale in this offering. Therefore, it is strongly recommended that potential bidders ensure in advance that they can obtain the necessary financing to close the transaction. This is considered a cash transaction.
10. AUCTION CONTRACT: Successful bidder shall execute auction contract and deliver non-refundable earnest money deposit by end of business on the day the auction closes. Contracts can be sent to buyer(s) for electronic signature.
11. CLOSING & CLOSING COSTS: Buyer shall close within 30 days of the auction date. Buyer shall pay applicable closing costs associated with the purchaser’s side of the sale (title company fees, document preparation fees, recording fees, loan fees, survey fees, etc.). Seller shall also pay applicable closing costs associated with the seller’s side of the sale (title company fees, title insurance fees, document preparation fees, recording fees, survey fees, etc.)
12. POSSESSION: Purchaser shall receive possession of property at closing.
13. EVIDENCE OF TITLE: Seller shall furnish at seller’s expense an Owner’s Policy of Title Insurance in the amount of the total purchase price and shall execute a warranty or Trustee’s deed conveying the real estate to the buyer. Property easements, exceptions, and any other applicable legal documents pertaining to the property are available for review on auction company website www.atterberryauction.com.
14. INFRASTRUCTURE: It is ultimately up to the buyer(s) of these tracts to determine the utilities, sewage, water and anything pertaining to developing or building on any of the tracts. Atterberry Auction & Realty Company, nor the seller will be responsible for any information provided either now or in the future for this property.
15. PROPERTY BOUNDARIES / SURVEY: The 186 acres more or less will be sold by the tract, not by the acre. Land measurements in this packet are approximate based on County Assessor’s information. Aerial photos are for illustration purposes only and not surveyed boundary lines. Exact boundaries and acreage counts will be determined by final survey, if sold in separate tracts. The landfill pits will be surveyed and included on the final survey. All Buyer(s) and Seller agree to share equally in the survey expense, to determine exact tract split boundaries & legal descriptions for each tract.
Should buyer(s) require a separate legal description and/or closing for the landfill pit(s), a written request must be submitted to Atterberry Auction & Realty Co. at the time of signing the real estate contract. Any fees associated with this request (preparation of legal description, closing costs, title insurance, deed preparation, etc) will be the responsibility of the buyer.
If the property sells as 186 +/- acres to one buyer, then there will be no survey completed.
Closing date subject to completion of the survey, in the event the survey takes longer than 30 days, all parties shall agree to extend closing until completion. The cost will be itemized on the closing statement for each party.
16. WATER SERVICE: Tract 1 (Home) is currently served by a deep well on the property.
17. ELECTRIC SERVICE: Tract 1 (Home) is currently served by Ameren UE. If service is desired to remaining tracts, the buyer(s) will need to contact them for information on new electric service.
18. MINERAL RIGHTS: Reference title documents provided on the auction website. For additional information please contact Gasconade County Abstract Co., Inc. 573-486-2925.
19. PROPERTY LEASES: There are no current lease agreements on any portion of the property.
Note: When previewing the property, there may still be hay in the barn on Tract 2. Please do not disturb any of this and understand that it will be removed from the property prior to closing, they will not convey as part of this sale.
20. REAL ESTATE TAXES & ASSESSMENTS: Any unpaid real estate taxes shall be paid by the Seller at closing. The real estate taxes and homeowner’s association dues (if applicable) for the current year are to be prorated to closing.
21. AGENCY: Atterberry Auction & Realty Co. and its representatives are Exclusive Agents of the Seller.
22. BROKER PARTICIPATION: A commission will be paid to any properly licensed Broker who registers a successful buyer according to the Broker Participation Agreement. This form is available from the Auction Company and must be completed and returned 48 hours prior to the auction. We do not offer a fee, if you are a licensed real estate agent and buying for yourself. No Exceptions!
23. AUCTION DISCLAIMER: 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 by purchaser and/or purchaser’s agent/broker. The failure of any purchaser and/or purchaser’s agent/broker 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 concerning subject property.
24. DISPUTES: Any dispute between Atterberry Auction & Realty Co. it Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Boone county, Missouri. By bidding on any item, buyer agrees to all term and conditions set forth.
25. HOLD HARMLESS: Buyer and or Bidder agrees to hold harmless and indemnify Atterberry Auction & Realty Co. and its Agents, Owners, Directors, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
26. SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Atterberry Auction & Realty Co., reserve the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor ATTERBERRY AUCTION & REALTY CO. 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 Atterberry Auction & Realty Co.
