Auction Terms & Conditions
Additional Information can be found at http://www.wifirstchoicerealty.com/defaultlistings.x?IDX=0&ListID=1059160
By registering for this auction you agree to the following
Real Estate Auction Terms & Conditions
First Choice Realty of Tomah, Inc
Wagenson Auction Service
Addendum “F” to the Real Estate Offer to Purchase
Addendum “F” is attached to and made part of the Offer to Purchase dated July 30, 2018, made by the Buyer, with respect to the property located at W6394 19th Street, Necedah, WI
owned by Walter Koziol Estate
DO NOT BID unless you have read and understand the following
Addendum "F" ---- REAL ESTATE AUCTION TERMS AND CONDITIONS --Addendum "F"
Auction Bidding Process and Times: The on-line auction will close at a specified time on July 30, 2018. The on-line platform has an auto-extend feature. Any bids placed in the final 10 minutes of an auction end time will automatically be extended 10 minutes from the time the bid was placed.
Terms and Conditions will be made part of the Wisconsin Real Estate Offer to Purchase. The buyer will execute an Offer to Purchase, in the form provided, without modification, immediately after being declared the high bidder.
ALL offers are CASH OFFERS and are not subject to any contingencies, whatsoever. Offer is not subject to financing, inspections or appraisals.
A buyer’s fee in the amount of 10% will be added onto the highest bid to determine the actual offer amount. (Example. On-Line Bid Amount is $100,000.00, 10%=$10,000, Offer to read $110,000.00)
Earnest money shall be in the form of a bank certified check, wire transfer, or verified personal check payable to First Choice Realty Trust Account - in the amount of $5,000. Earnest money to be made available within 24 hours of declaration of buyer having highest bid. Balance of purchase price to be paid at closing.
Seller reserves the right to accept, reject, or counter-offer any and all bids/offers submitted.
If/when the buyer’s offer is accepted by seller, P.R. for Walter Koziol estate , the buyer’s earnest money will apply to the purchase price at the time of closing. If the buyer’s offer is rejected, the earnest money will be refunded in full to the buyer. Earnest money will remain in First Choice trust account if offer is countered, up to the time there are no longer negotiations, or it closes. Buyer agrees to release earnest money to seller as liquidated damages if the buyer fails, for any reason, to complete the transaction. Earnest money is non-refundable. This sale is subject to the Seller Confirmation.
First Choice Realty Inc will email all offer documents to buyer, via email, to be signed by electronic signature within 24 hours of close of auction. The buyer may sign documents at First Choice Realty office, 900 Superior Ave., Tomah, WI within 24 hours of notification of high bid. Fax is also an acceptable form for signing.
Bidders to sign an agency disclosure and an Addendum S “Lead Base Paint” disclosure. Any testing for lead base paint to be buyers cost and buyers remediation costs. Any inspection result does not negate the offer.
Bid rights are provisional. Wagenson Auction Service has the right to reject any registration and stop bidding activity based upon a bidder not being verifiable with the First Choice Realty Inc or Wagenson Auction company. All passwords and user names are the buyers responsibility. All local, state and federal laws are applicable and violation will result in buyer termination of bidding.
Closing Date: August 31st, 2018 or before.
Buyer is buying the property in its present “AS IS, WHERE IS, HOW IS” condition, with all faults - known or unknown, whether disclosed or not disclosed. This is done without expressed or implied warranties or representations as to fitness or a particular use, physical or environmental condition. The buyer agrees that neither the seller, broker or auctioneer offer any warranties or representations, of any type, now or in the future. It is agreed that buyer will not sue for any non-disclosures or errors. NO Property Condition Report will be provided, this is an ESTATE. All descriptions, measurements and acreage provided by the seller and the First Choice Realty Inc. are to be used as a guide only. The buyer shall have satisfied himself as to the location and condition of the Property, and all descriptions with respect thereto, prior to bidding. Seller to keep property in same condition as day of auction.
Buyer may have tests, inspections or appraisals done at their expense and under the authorization of seller. The offer to purchase is not contingent upon any of the above. Seller will not cure. Septic and Well inspections were conducted in spring of 2018. Unknown location of any septic system. Any system may be original to homestead and would not be at code. Well is in basement of the house and is not at code.
Lot Dimensions: Property has been Surveyed and shows 22.33 acres.
USAGE Restriction: A parcel of land measuring: The North 442 ft of the South 475 ft of the East 990 Feet of the SEE1/4 of Sw ¼ of Section 12, lying Westerly of the Westerly right of way line of State Highway 80. The clear zone easement states that it is a right of way for the free and unobstructed passage of aircraft, and the right to cause such sound as may be inherent in the operation of such aircraft. May not erect or have any buildings or structures. May have farm fencing, low shrubs, trees less than 15’ feet, by the Village of Necedah.
Title Insurance: Seller to provide buyer with title insurance and deed. Title to property will be free and clear of all mortgages, any back taxes, judgments and or liens.
Real Estate Taxes will be prorated at closing and credited to the buyer by seller. Taxes for 2017 were $1298.20.
Additional Closing costs to the buyer: $30.00 to file deed. Any testing or inspections to be buyer’s expense, if requested. Any bank loan fees. Title Company Closing Fee, approximately $300.00
Any scrap iron, dumpsites, iron or wood piles to be buyer’s responsibility. Any remaining debris in buildings or on property to be buyer’s responsibility. No clean-up by seller. Home is in “as is” condition with no warranties or further disclosure of condition.
Property is zoned residential, productive forest and undeveloped land. Property taxes may change if reassessed for different usage. Offer is not contingent upon the buyer’s future use of the property or future assessment.
First Choice Realty of Tomah, Inc and Wagenson Auction Service, and the Sellers of the property or any agents or representatives make no warranties as to the accuracy and completeness of this information. All future and announcements on day of auction take precedence over written material. First Choice Realty of Tomah, Inc, Wagenson Auction Service are agents of the seller.
I Agree to the Terms and Conditions for this auction and understand that bidding is an oral binding contract.
_____________________________________________Buyer __________Bid Number__________Date
Drafted by broker, Mary Jo Hill, First Choice Realty of Tomah, Inc.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.