ELBA, NY REAL ESTATE AUCTION

Terms & Conditions:

By bidding with our auction company, you are agreeing to the following.

COOPERATING REAL ESTATE BROKERS will be protected if they

-Formally notify Bontrager Real Estate & Auction Service in writing that they are working with a specific client, before the open house dates or before their client registers to bid. This can be done by emailing [email protected].

-Attend the open house or any showings with their client 

-Fulfill their fiduciary role in guiding their client through the auction process. Real estate brokers can notify the auction company of the names of their clients by emailing [email protected]. 

-Real estate broker participation is 2% of the buyer's premium. 

BUYERS MUST REGISTER AND BID FOR THEMSELVES unless they submit a written and signed permission for a representative to bid for them, prior to bidding. 

BONTRAGER REAL ESTATE & AUCTION SERVICE IS ACTING AS EXCLUSIVE AGENT FOR THE SELLER. 

THE PROPERTY IS SOLD AS IS, subject to the owner's acceptance of the final bid.  

BUYER'S PREMIUM: A 10% buyer's premium is added to the final bid, resulting in the purchase price. The buyer's premium that is collected is paid to Bontrager Real Estate & Auction Service. 

NONREFUNDABLE DEPOSIT: The nonrefundable deposit is due at the close of the auction in cash or certified funds (no personal checks or credit/debit cards). Deposit must be paid in full within 24 hours of the close of the auction as prescribed, or the bidder will, by default, immediately and without further negotiation, forfeit the sale of the property, all future claims and rights to the property, and any deposit collected will not be refunded.  

PROOF OF FUNDS is required in order to bid. Proof of funds must be submitted to [email protected] and includes, but is not limited to: 

-A letter from the bidder's bank indicating that the bidder has sufficient funds to purchase the property

-A copy of the bidder's account statement with identifying account numbers blacked out, showing sufficient funds to purchase the property.

INSPECTIONS: All inspections must be conducted prior to bidding.  

CLOSING will take place approximately 60 days from the end of the auction, and is not contingent on the buyer's ability to secure funds. If the buyer is unable to close on the property for any reason within prescribed time frames, the deposit will not be refunded, the buyer will immediately and by default forfeit the property and all future claims and rights to the property, and the property will be re-sold. 

ALL SALES ARE FINAL. Property is sold "AS IS" with no guarantees unless otherwise stated by the auctioneer. It is solely the bidder's responsibility to examine and/or assure him or herself as to the condition of real estate, prior to bidding. Condition reports given by the staff of Bontrager's Auction Service are subjective, and while we strive to be honest, we will not be held responsible or liable for any errors in description. The auction company is not responsible for buyer's failure to examine the property. Real estate sales are not subject to adjustments once the property has been sold.

TERMS AND CONDITIONS ARE BINDING CONTRACT: By bidding with our auction bidders are entering into a contract with these terms and conditions, accepting responsibility to perform the prescribed duties as winning bidder, and agreeing that Bontrager Real Estate & Auction Service, its employees, officers, owners, representatives, agents, and consignors will not be held liable for any losses, claims, liabilities, judgments, expenses, fees, or other damages arising from the use of our services, website, auction property, and this site, including property damage, injuries, dispute with another bidder, or breach by bidder of this site. Any liability to a purchaser will not exceed the purchase price actually paid. Bontrager Real Estate & Auction Service has the right to void any sale, suspend bidding, re-sell any item/lots for any other reason. Failure to read or understand the terms and conditions of this auction does not exempt bidders from following them.

ELECTRONIC BIDDING AGREEMENT: Bontrager Real Estate & Auction Service will not be held responsible for any interruption in internet service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error-free service or use of the Site. By bidding with our company, you accept that this auction is conducted electronically and relies on hardware and software that may malfunction without warning.

BID RETRACTION: Bids cannot be retracted once the auction begins.

LEGAL PROCEEDINGS: In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of New York, Genesee County.

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