BIDDER AGREEMENT
ONLINE AUCTION – REAL ESTATE
41.67+/- ACRES - CLARK COUNTY, OHIO – HARMONY TOWNSHIP
6551 Plattsburg Rd., South Charleston, Ohio 45368
Seller: Teresa Dooley
Thursday, September 12, 2024, begins to close at 7 P.M.
Property will be offered in (5) Tracts as follows:
Tract 1 – 22.5+/- Ac. - Parcel #1300800028000008
Tract 2 - 5.0+/- Ac. - Parcel #1300800028000025
Tract 3 - 5.26+/- Ac. - Parcel #1300800028000051
Tract 4 – 6.54+/- Ac. - Parcel #1300800028000052
Tract 5 – 2.27+/- Ac. - Parcel #1300800034000041
Tracts will be offered individually and in combination.
This Property is being offered via an Online Only Auction Event.
bidding platform will open for bidding September 9 at 9:00 a.m., with bidding ending September 12 at 7:00 P.M. with a soft close.
Bidding confirms you’ve read and agreed to these terms of sale and reviewed Purchase Contract — DO NOT BID unless you have done this!
AUCTION PROCEDURE: The above real estate will be sold to the highest bidder(s) subject to owner confirmation using the Ultimate Choice auction method with a soft close. If a bid is placed within 5 minutes of the auction close, bidding will automatically be extended an additional 5 minutes and the last bidder will be notified via e-mail that they have been outbid. Bidding will remain open until all bids have remained silent for 5 minutes. This time is subject to change at the discretion of Harvey Plus LLC. Bidders will be notified via an on-screen announcement if the auto extend featured is modified.
There is No Buyer's Premium for this Real Estate Auction.
TERMS AND CONDITIONS OF AUCTION :
1. THIS IS A RESERVE AUCTION. Bidders shall be responsible for their own due diligence prior to bidding on the property and are advised to conduct, or have conducted on their behalf, any inspections of the property prior to placing a bid. All bids shall constitute a legal and binding offer to purchase the property. Upon close of bidding the high bid shall be presented to Seller. If Seller confirms and accepts the high bid then Seller shall execute a “Contract to Purchase Agreement” and the high bidder shall then be the “Buyer” subject to the remaining terms of this Agreement. The Contract to Purchase Agreement, together with the Terms and Conditions contained herein, shall collectively constitute the Sales Contract. All terms of the Sales Contract shall be binding on both Buyer and Seller. The Bidder acknowledges receipt of disclosure of the terms of the Contract to Purchase Agreement.
2. The Contract to Purchase Agreement and Notification of Acceptance of Offer: The successful bidder(s) will be notified via phone within 2 hours of the auction close if their bid has been accepted. The successful bidder(s) will be required to enter into a NON CONTINGENT CONTRACT TO PURCHASE AGREEMENT (Purchase Agreement located in the document section of the website) with the sellers within 24 hours of the auction close. This shall be completed via electronic signature. Your bidding is considered to be a binding contract.
3. Buyer’s Deposit: Upon Seller accepting the high bid, Buyer shall deposit the sum of $25,000 for Tract 1 and $5,000 per tract for tracts 2-5 made payable to Harvey Plus LLC (broker) within 24 hours of bid acceptance. The deposit shall be applied as a credit to Buyer at closing towards the purchase price. Buyer’s deposit shall be non-refundable. In the event Buyer fails to close on the property then it is agreed Seller shall retain Buyer’s deposit as liquidated damages. If Seller fails to perform pursuant to the terms of this Agreement then the Buyer’s deposit shall be returned to the Buyer and both parties shall be released from their obligations under the Sales Contract and said contract shall thereafter be null and void.
4. Seller’s Disclosures: Bidder acknowledges receipt of Agency Disclosure. Bidder agrees, if Bidder is the high bidder, that he/she/it shall execute all necessary disclosures as the Buyer upon Seller’s confirmation and acceptance of the high bid.
5. Auctioneer’s Representation of the Property: The information listed in materials describing the property has been obtained from sources which are deemed by Auctioneer to be reliable, but shall not be guaranteed by the Auctioneer or its agents and employees. Bidder’s shall be responsible for his/her/its own due diligence as to the condition of the property and the property’s suitability for Bidder’s intended use. Bidder shall be responsible, at Bidder’s option, for verifying all property information prior to placing a bid. Bidder’s decision to bid shall be the deemed the independent decision of each Bidder. Auctioneer assumes no responsibility for the condition of the property or for the performance of the parties under this Agreement. By signing this Agreement Bidder hereby warrants and represents that Auctioneer has not made any statements, representations or warranties regarding the condition of the property and premises, fixtures thereto, zoning conditions, governmental requirements or environmental matters, guarantees or warranties of the like, upon which Bidder may rely and which are not contained in this Agreement. The Auctioneer, Harvey Plus LLC, shall not be responsible or liable in any way if the Seller fails to honor the terms of the Sales Contract.
6. Reservation of Right to Cancel Auction or Bid: Bidder agrees the Auctioneer, Harvey Plus LLC, on behalf of Seller, shall have the right to cancel any bid or withdraw any property from the auction at any time prior to Seller confirming and accepting a high bid.
7. Bid Structure: The (5) Tracts will be offered individually and together with individual bids and combination competing. The opening bid and all bidding increments shall be determined solely by the Auctioneer. Auctioneer shall set, and have the right to adjust, the minimum bid increments as the auction progresses. Auctioneer may reject any bid if Auctioneer determines the bid is merely nominal or may negatively affect the auction process.
8. Purchase Price: Upon Buyer and Seller executing the Contract to Purchase Agreement the high bid shall represent the purchase price.
9. Contingencies: By signing this Agreement and by placing any bid at auction the Bidder/Buyer acknowledges and represents the purchase and sale of the property SHALL NOT be contingent upon Buyer securing financing, performing inspections, or Buyer’s satisfaction with any appraisal of the property subject to this Agreement.
TERMS AND CONDITIONS (cont.):
10. “AS-IS”: The property shall be auctioned and conveyed in an “AS-IS, WHERE-IS” condition as of the date and time of sale. Neither Harvey Plus LLC, nor the Seller(s), their agents, employees or representatives make any warranties, expressed or implied, of any kind whatsoever concerning the property and this sale. The property will be sold subject to easements, agreements, restrictions or covenants of record affecting the same, if any. Dimensions and acreage are more or less.
11. Closing: The closing shall occur on or before October 15, 2024. Title insurance, if desired, shall be paid by the Buyer.
12. Closing Costs: Buyer shall be responsible for all closing costs, including but not limited to: settlement/closing fee, title search fee(s), the cost of all documentary stamps, wire fees, and other costs incident to settlement. The Seller shall be responsible for the deed preparation fee and conveyance fee.
13. Title: At closing the seller shall convey marketable title to the property free and clear of all liens and encumbrances. If the seller’s title is found to be defective the seller shall have the right to remedy the defect within 60 days. If this cannot be done, then, at the option of the buyer, the deposit shall be returned and the auction sale terminated
14. Real Estate Taxes: Pro-rated to date of closing. Any CAUV recoupment due to change of current use shall be the responsibility of the purchaser.
15. Possession: Possession of dwellings and outbuildings upon closing. Possession to the cropland acreage shall be granted, subject to the rights of the current tenant farmer, upon removal of crops for the 2024 crop year.
16. Agency: It is acknowledged by Buyer that Harvey Plus, LLC., and its representatives, are the Exclusive Agents of the Seller.
17. Disclaimer & Absence of Warranties: All information provided and all related materials are subject to the terms and conditions outlined in the agreement to purchase. The property is sold on an “As Is, Where Is” basis and no warranty or representation, either expressed or implied, concerning the property is made by the seller or the auction company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries and due diligence concerning the property. The information provided is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the seller, the broker or the auction company. All sketches and dimensions provided are approximate. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. The seller, broker and auction company reserve the right to preclude any person from bidding if there is any questions to that person’s credentials, fitness, etc. All decisions of the Auctioneer are final.
AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Harvey Plus LLC (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company.
2) REGISTRATION - All Bidders are required to register for a bidder’s number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver’s license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete Terms and Conditions of Auction, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their auction account. Auction accounts are nontransferable. All bids made by the holder of the account will be the responsibility of the registered Bidder.
3) BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and elsewhere on our website. The acceptable bidding increments are established and controlled by the Auctioneer.
4) Disclaimer & Absence of Warranties: All information provided and all related materials are subject to the terms and conditions outlined in the agreement to purchase. Announcements made by the Auction Company by email to registered bidders during the time of sale will take precedence over any previously printed material or any other oral statements made. The property is sold on an 'As Is, Where Is' basis and no warranty or representation, either expressed or implied, concerning the property is made by the seller or the auction company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries and due diligence concerning the property. The information provided is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the seller, the broker or the auction company. All sketches and dimensions provided are approximate. Conduct at the auction and increments of bidding are at the direction and discretion of the Auctioneer. The seller, broker and auction company reserve the right to preclude any person from bidding if there is any questions to that person's credentials, fitness, etc. All decisions of the Auctioneer are final.
5) New Data, Corrections, and Changes: Please monitor your email and the website for any changes, corrections or additions to the property information.
6) REFRESH BUTTON - To keep your screen current for proper bidding you will need to hit your browser’s ‘Refresh Button’ often. Practice prior to bidding to understand how the refresh button works.
7) AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. Any lot that gets a bid within FIVE minutes of its Scheduled Closing Time will remain open for bids past its normal close; it will go into extended bidding. It will remain open until there are no bids on the lot(s). If you have questions please call us at 937-244-1448. Auctioneer reserves the right to adjust the auto extend feature at any time.
8) VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the property prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing the property in an As-Is, Where-Is condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
9) MAXIMUM BID: There is NO MAXIMUM BID feature for this auction. It is the sole responsibility of the bidder to understand how the system works. Buyer hereby acknowledges he/she has had adequate time to read the auction’s terms and conditions and by bidding, acknowledges that he/she understands all aspects of the auction and bidding system.
BIDDING: The bidding will be open and everyone will have access to the bid history during the auction. This is an extend one extend all auction. If there is more than one high bid at the same level (a tying bid), the bid first submitted will be honored.
10) TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Harvey Plus, LLC. reserves the right to extend bidding, restart the bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Harvey Plus LLC. shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
