Terms & Conditions
participating in this auction, the bidder agrees to the following terms and conditions:
BIDDER REGISTRATION: Bidders must register on the auctioneer’s (James
G. Murphy Co.) website prior to bidding.
BUYER’S PREMIUM: There will be a thirteen percent (13%) Buyer’s
Premium added to the winning bid price to arrive at the total contract price to
be paid by the Buyer.
property (approx. 32.7 acres) will be offered in one auction lot.
ACCEPTANCE OF BID PRICE: Seller reserves the right to
accept or reject any and/or all bids.
AGREEMENT OF PURCHASE AND SALE: The Purchaser shall execute
an Agreement of Purchase and Sale, in the form provided by the auctioneer,
without modification, on March 23rd, 2022, after the bid is accepted by the
EARNEST MONEY: The
Purchaser shall pay an amount equal to 10% of the total contract sales price
when executing the agreement of purchase and sale (see PSA). The balance of
funds will be due in full at the time of closing on or before May 23, 2022, at
First American Title.
NO FINANCING OR OTHER CONTINGENCIES: Property is sold without
financing contingencies. It is the responsibility of the buyer to inspect the
property prior to sale to satisfy himself or herself as to its condition, value
and fitness for intended purpose.
ESCROW AGENT: The
earnest and purchase monies in respect of the property shall be paid to and
deposited with First American Title.
closing, Seller shall execute a Special Warranty Deed sufficient to convey the
real estate to Buyer or its nominee, in fee simple absolute, subject only to
exceptions permitted herein, to be delivered to Buyer at the closing of this
transaction upon Buyer's compliance with the terms of this Contract.
balance of the purchase price shall be paid at or before closing. Closing shall
take place on or before May 23, 2022. The Escrow Agent will schedule and
shall provide an Owner's Policy of Title Insurance in the amount of the
purchase price and shall execute a Special Warranty Deed conveying the real
estate to the Buyer(s). Seller shall pay the premium of the title insurance
CLOSING COSTS: At
closing, Seller shall pay for its escrow and closing fees, and all of the costs
for preparation of all documents to convey the property. At closing, Purchaser
shall pay for its escrow and closing fees, any and all recording fees, and all
other sale, financing or closing fees as required. Taxes, irrigation
assessments and association fees, if any, shall be prorated to the date of
will receive possession at closing, subject to the rights of parties in
possession, if any.
AS-IS SALE: With
the exception of any warranties of title made to the buyer in the Deed, if any,
the Property will be sold in its “AS IS, WHERE IS” condition without any representation
or warranty of any kind, whether express or implied, on the part of Seller.
Seller shall not be responsible for any claim or damage arising from a
misrepresentation about the property made by Auctioneer, unless Auctioneer
reasonably made the misrepresentation in reliance on Seller’s written statement
about the property. The purchaser shall have satisfied himself as to the
location and condition of the property, and all descriptions thereof, before
bidding. All information contained in the brochure and all promotional
materials, including, but not limited to, square footages, acreage, dimensions,
maps, taxes, etc., was derived from court house records and is believed to be
correct; however, neither the seller nor the auctioneer makes any guarantee or
warranty as to the accuracy or completeness of such information
NO NEW SURVEY: The
property will be conveyed according to the existing legal description.
G. Murphy Co., and its representatives are exclusive agents of the Seller and
are agents of no other party to this transaction.
decisions of the auctioneer are final as to the methods of bidding, disputes
among bidders, increments of bidding and any other matters that may arise
before, during, or after the auction. Seller reserves the right to deny any
person the right to participate in the auction or to ban anyone from the
auction who attempts to disrupt it.
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are
technical difficulties related to the server, software or any other online
auction-related technologies, James G. Murphy Co. reserves the right to extend
bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY
PROVIDING THE SOFTWARE nor JAMES G. MURPHY CO. SHALL BE HELD RESPONSIBLE FOR A
MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.
Email notifications will be sent to registered bidders with updated information
as deemed necessary by James G. Murphy Co.
AGE REQUIREMENT: All bidders must be 18 years of age or
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