MULTI-PARCEL RESERVE REAL ESTATE AUCTION TERMS & CONDITIONS
1. REGISTRATION This is an online-only auction. All bidders must register online and agree to these Auction Terms & Conditions prior to bidding. By registering, bidders acknowledge they have read, understand, and agree to be bound by these Terms & Conditions, including any additions, deletions, revisions, or announcements made by Seller or Atterberry Auction & Realty Company prior to the close of the auction.
If you have not read and reviewed the Terms & Conditions of Sale, do not bid. Prospective buyers are encouraged to inspect all properties prior to bidding.
2. ULTIMATE CHOICE BIDDING The properties are being offered individually as well as in combinations utilizing an Ultimate Choice Bidding format. Bidding on individual properties will remain open throughout the auction. Combination bidding will open on Wednesday, June 24th, 2026.
Once bidding is open for combinations on Wednesday, June 24th, properties may move in and out of combination bidding depending on which bidding format produces the highest overall sale price. If you are the high bidder on an individual property and another bidder places a higher bid on a combination of properties that includes your property, you may temporarily lose the winning position on the individual property. However, if the combination bid is later outbid or no longer produces the highest overall sale price, the auction software may place you back into the winning position on the individual property at your previous bid amount.
The auction software will automatically determine whether the highest overall sale price is achieved through individual property bidding or combination bidding.
This auction does not utilize a max bid or proxy bidding feature. All bids placed are live bids and will immediately display on the auction website as the current high bid. For example, if the current bid is $100,000 and a bidder places a bid of $150,000, the website will display $150,000 as the current high bid.
3. SPECIAL NOTES All properties are being sold AS IS, WHERE IS with no warranties or guarantees, expressed or implied, by Seller or Atterberry Auction & Realty Company. Buyer acknowledges that certain properties may be tenant occupied and subject to existing leases and tenant rights. Any personal property owned by tenants shall remain the property of the tenants and shall not convey with the real estate. Any personal property owned by Seller and remaining on the property at the time of closing shall convey with the real estate unless otherwise stated. All sales are final and are not contingent upon financing, appraisal, inspection, or any other contingency unless otherwise stated in writing.
Successful bidders must execute the Contract for Sale of Real Estate and deliver the required earnest money deposit by the end of business on the day the auction closes. Failure to do so shall constitute default. In the event a successful bidder fails to execute the contract and submit the earnest money deposit as required, Atterberry Auction & Realty Company reserves the right to charge the bidder up to $1,000 to the credit card provided during registration to help offset administrative costs and damages associated with bidder default. Seller and Atterberry Auction & Realty Company reserve all additional legal and contractual remedies available under the Auction Terms & Conditions and Contract for Sale of Real Estate, including the right to sell the property to the second-highest bidder.
Certain properties are tenant occupied. Private showings are available by appointment only with a minimum of forty-eight (48) hours notice or two (2) business days, whichever is longer, to allow current property management adequate time to notify tenants. Buyers agree to respect all tenant rights and existing lease terms. Do not disturb tenants outside of scheduled showings.
4. AUCTION END TIMES Atterberry Auction & Realty Co. Online Auctions are timed events with a specified closing time. Our auctions use an auto-extend feature, which means that if a bid is placed within the final 3 minutes, the countdown will reset to 3 minutes to allow other bidders a chance to respond. The auction will continue to extend in this way until no further bids are received during the extended period.
5. ACCEPTANCE OF FINAL BID All properties are being offered subject to individual reserve amounts. Seller reserves the right to accept or reject any bid prior to reserve being met on each individual property. Once reserve is met on a property, that property will sell to the highest bidder subject to these Auction Terms & Conditions.
6. BUYER’S FEE A buyer’s fee equal to four percent (4%) of the final high bid shall be added to the purchase price of each property and paid by the successful bidder as part of the total contract purchase price.
Example: If the final high bid on a property is $100,000, the total contract purchase price shall be $104,000.
7. DOWN PAYMENT A non-refundable earnest money deposit equal to ten percent (10%) of the total contract price (high bid plus buyer’s fee) per property is due on the day the auction closes and shall be held in escrow by Boone Central Title Company. Closing shall occur within thirty (30) days of the auction closing date.
8. FINANCING Financing is not a contingency of sale in this offering. Prospective buyers are strongly encouraged to obtain all necessary financing approvals prior to bidding. This is considered a cash transaction.
9. AUCTION CONTRACT Successful bidders shall execute the Contract for Sale of Real Estate and deliver the required non-refundable earnest money deposit to be held in Escrow at Boone Central Title Company by the end of business on the day the auction closes.
10. CLOSING & CLOSING COSTS Buyer shall close within thirty (30) days of the auction end date.
Buyer shall pay all customary closing costs associated with the purchaser’s side of the transaction, including but not limited to title company fees, recording fees, lender fees, loan costs, inspections, and document preparation fees.
Seller shall pay all customary closing costs associated with the seller’s side of the transaction, including but not limited to title insurance premiums, deed preparation fees, and seller-side title company fees.
11. POSSESSION Purchaser shall receive possession of the property at closing subject to any existing leases, tenant rights, and occupancy agreements, if applicable.
12. RENT, LEASES, SECURITY DEPOSITS & TENANT RIGHTS Buyer shall assume all existing leases, if any, at closing. Current tenant rents, prepaid rents, and security deposits shall be prorated and transferred to Buyer at closing. Buyer shall honor all tenants’ rights under applicable lease agreements and Missouri law.
13. EVIDENCE OF TITLE Seller shall furnish, at Seller’s expense, an Owner’s Policy of Title Insurance in the amount of the total contract purchase price and shall execute a Warranty Deed or Trustee’s Deed conveying title to Buyer. Property easements, exceptions, restrictions, and other applicable legal documents pertaining to the properties may be available for review on the auction company website.
14. INFRASTRUCTURE Buyers are responsible for independently verifying all information regarding zoning, utility availability, sewer, water access, permitted uses, development feasibility, property condition, and any other matters affecting the property. Neither Seller nor Atterberry Auction & Realty Company makes any warranties or representations regarding future development potential or property suitability for any intended use.
15. PROPERTY BOUNDARIES / SURVEY No survey shall be provided unless otherwise stated. Buyers are responsible for verifying all property boundary lines, acreage, and legal descriptions.
16. REAL ESTATE TAXES & ASSESSMENTS Any unpaid real estate taxes shall be paid by Seller at closing. Current year real estate taxes and homeowner’s association dues, if applicable, shall be prorated to the date of closing.
17. AGENCY Atterberry Auction & Realty Company and its representatives are Exclusive Agents of the Seller. Buyers acknowledge that Atterberry Auction & Realty Company represents the interests of the Seller exclusively in this transaction.
Atterberry Auction & Realty Company may assist unrepresented buyers with ministerial acts, transactional documents, communication with the title company, and coordination of the closing process as part of the auction transaction services provided. Such assistance does not create an agency relationship or fiduciary duty between Atterberry Auction & Realty Company and the Buyer. Brokerage relationships shall be governed in accordance with Missouri real estate license law.
18. AUCTION DISCLAIMER All information published, announced, or contained on AtterberryAuction.com, AtterberrySells.com, or any third-party advertising platform is believed to be accurate but is not guaranteed by Seller or Atterberry Auction & Realty Company. Prospective buyers are encouraged to conduct their own independent inspections and due diligence regarding the properties. Failure of any buyer or buyer’s representative to inspect the property or become fully informed regarding property condition, zoning, easements, restrictions, right-of-way issues, leases, tenant rights, or other matters shall not constitute grounds for cancellation of sale, adjustment of purchase price, or return of earnest money.
19. DISPUTES Any dispute arising between Buyer, Seller, and/or Atterberry Auction & Realty Company shall be governed by the laws of the State of Missouri and litigated exclusively in a court of competent jurisdiction located in Boone County, Missouri. By registering and bidding, Buyer agrees to all Auction Terms & Conditions.
20. HOLD HARMLESS Buyer and/or Bidder agrees to indemnify and hold harmless Seller and Atterberry Auction & Realty Company, including its owners, agents, employees, representatives, affiliates, and contractors, from any and all claims, liabilities, damages, losses, costs, or expenses arising from participation in the auction, inspection of the property, or purchase of the property.
21. SERVER & SOFTWARE TECHNICAL ISSUES In the event of technical difficulties related to the server, software, internet connectivity, or other online auction technologies, Atterberry Auction & Realty Company reserves the right to extend bidding, continue bidding, suspend bidding, or close bidding at its sole discretion.
Atterberry Auction & Realty Company shall not be responsible for missed bids, delays in bidding, or software malfunctions. Registered bidders may be notified of any updates or changes by email as deemed necessary by Atterberry Auction & Realty Company.
