Terms and conditions of sale

1. Everything is sold “AS IS, WHERE IS” means that the property is purchased as it exists without any representations of warranties whatsoever regarding its physical condition or quality. Any and all warranties regarding the marketability of title are given by the seller only and are contained in the Purchase and Sale Contract.

2. All sales are subject to 10% buyers premium, added to the bid price.

3. Documentary stamps on the deed and recording of instruments shall be paid for by Buyer.

4. Seller will deliver to Buyer appropriate current title evidence.  Title insurance and related title services, including title evidence and title examination, shall be paid for by Buyer.

5. The undersigned hereby agrees that any suit, actions or legal proceedings arising out of or relating to the auction, shall be brought solely and exclusively in the courts of the State of Florida, in and for Lee County, Florida and consent to the jurisdiction of such court in any suit, action or proceeding and waive any objection which it may have to the laying of venue of any such suit, action or proceeding in such court.  Further, the parties acknowledge and agree that this Auction Registration and all transactions contemplated by the Auction Registration shall be governed by, construed and enforced in accordance with the internal laws of the State of Florida without regard of principles of conflict of Laws.

6. The undersigned, its agents, employees or any other parties acting on its behalf, specifically agree to HOLD HARMLESS Auctioneer, it’s officers, directors and employees for any injuries or damage arising from any activities associated with the auction, included but not limited to, the removal of auction items from the premises.  Further, the undersigned agrees to indemnify Auctioneer and/or Seller from any claims brought by third parties against Auctioneer arising from or out of the Auction which are in any way attributable to any acts or omission on the part of the undersigned.

7. The undersigned, in his or her individual capacity, personally guarantees payment of the gross bid.

8. In the event that auctioneer or seller are required to take any action to enforce the terms of this Auction registration, Auctioneer and/or Seller shall be entitled to recover from buyer all of their reasonable attorney’s fees and costs.  Reasonable attorney’s fees shall include those fees incurred before, during and after litigation, including those incurred in attempting collection without litigation, and in litigating in all trial and appellate levels, as well as those incurred in any bankruptcy proceedings and post- judgment proceedings.  

9. THE UNDERSIGNED DOES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AUCTION REGISTRATION OR THE AUCTION ITSELF.

10. All parties signing this Auction Registration in any representative capacity represent that they have the authority to sign on behalf of such party or entity.

11. It is further acknowledged by the undersigned that this Auction Registration has been read and understood by the undersigned before signing it and that the undersigned understands in consent to its contents.

12. All registered Buyers acknowledge they have been provided the opportunity to review the proposed Contract and therefore hereby waive any objection to any term contained therein.

*NOTE* THIS REGISTRATION FORM MAY BE SUBMIITED
ONLINE OR VIA FAX TO 239-498-2359, NO LATER THEN 24 HOURS PRIOR TO AUCTION DATE.  ABSENTEE BIDS ARE WELCOME!