SPECIAL TERMS & CONDITIONS FOR THIS AUCTION
Interested bidders MUST contact our office and request a registration packet before being allowed to place any bids. We can be reached at (719) 667-1000, (866) 290-2243, or info@SchurSuccessGroup.com.
- By participating in this auction, the bidder certifies they have reviewed the Terms and Conditions and the Contract to Purchase Real Estate and agrees to abide by both documents.
- Preview will be by appointment only - please call (719) 667-1000 to schedule.
- The Buyer shall execute the Contract to Purchase Real Estate within twenty-four (24) hours of the conclusion of the auction and being declared the winning bidder.
- A Buyer's premium of ten percent (10%) of the highest bid price will be added to the highest bid to determine the final sale price of the property.
- Winning bidders will be required to post a deposit of ten percent (10%) of the total purchase price (including buyer’s premiums) on all properties, within 48 hours of the conclusion of the auction, to be paid via wire transfer.
- The balance after deposit will be due at closing, within thirty (30) days of the close of the auction.
- This property is being sold as is, with no contingencies of any kind. The buyer assumes the responsibility for conducting their own due diligence prior to placing any bids.
- The Auctioneer, at his sole discretion, may require bidders to post a deposit in order to participate in the auction.
- This property is being sold subject to a reserve (minimum) price. The Seller may or may not choose to publish or make public the reserve price. The Auctioneer may bid on behalf of the Seller up to the reserve price, whether published or not.
- A preview of the Contract to Buy Real Estate will be included with each bidder registration packet. By placing bids, you acknowledge that you have read, understood, and agree with the purchase contract terms.
GENERAL TERMS & CONDITIONS
These Terms and Conditions constitute a CONTRACT between you, the bidder, and us, the Auctioneer & Broker Do not submit any bids unless you understand and agree to ALL of the terms of this contract.
Schur Success Realty & Auction, LLC., Schur Success Auction & Appraisal, Inc., and Schur Success Group shall be known individually and collectively as “Auctioneers”, or “Auction Firm”.
All bidders must be 18 years of age or older and provide identification as verification upon request. All bidders and others participating in this auction agree that they have read these terms and agree to be bound by and abide by these terms thereby.
All property is sold “as is, where is” without any warranty or guarantee, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES or REFUSALS. As the highest bidder, you are the buyer and are bound by the terms and conditions of this agreement and sale. In no event shall a bidder or buyer hold the Auctioneer responsible for having made or implied any warranty or merchantability or fitness for any specific purpose.
The Auctioneer is acting solely as an agent for the Seller. The Auctioneer shall assume no liability for representations made, or information provided by the Seller. The Seller reserves the right to accept or reject any or all bids. This is a public auction and as such, all qualified bidders may bid, including Schur Success owners, family members and employees. If the auction is “with reserve”, the auctioneer may bid on behalf of the Seller up to the reserve, whether or not the reserve is published.
Bidders are encouraged to inspect the property before bidding.
Bidder registration numbers are issued solely to individuals and are not transferable. Others are not authorized to use your bidder registration. Should you allow others to bid under your number, you will be fully responsible for all bids made with your registration. Guard your login and passwords carefully.
The sale price recorded by the auction clerk on his or her record sheets, either on paper or electronically, takes priority over all other records and shall be the official sale price of the item sold.
Announcements made at the time of the sale take precedence over conflicting announcements or postings. The Auctioneer reserves the right to determine bidding increments at his or her discretion, and may reject a nominal or fractional bid. The Seller and the Auctioneer reserve the right to withdraw the property from sale before or during the auction without prior notice.
Persons attending the auction during preview or inspection period, the auction, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and release the Auctioneer and the Auction Firm from liability thereof. Neither the Auction Firm nor its principals shall be liable for any defect in or condition of premises on which the auction is held. The Auction Firm is acting solely as the agent for the Seller and is not responsible for any acts or omissions of its principals.
Should any litigation or mediation be commenced between the parties to this agreement, concerning this agreement or the associated auction, the bidder / buyer agrees that the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.
The bidder / buyer agrees to reimburse the Auctioneer for all expenses incurred in the collection of any unsatisfied debt in conjunction with this auction.
Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in El Paso County, Colorado. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Colorado. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts.
Any Bidder who fails to perform as required under these terms and conditions may be banned from this or any future auctions.
By registering for any auction, the bidder agrees to be added to the Auctioneer’s email list. If you choose to unsubscribe, please follow the link at the bottom of each email to update your notifications.
The Auctioneer records all live auctions via video, audio, still photography, or a combination of all three. The Bidder grants the Auctioneer permission to use these recordings and or images for any purpose.
For this auction, a deposit will be due within twenty-four (24) hours of the conclusion of the auction, with the balance due in full at the real estate closing, to take place within 30 days of the conclusion of the auction.
The winning bidder will be responsible for some of the closing costs and transfer fees as described in the Contract to Buy.
Deposits shall be made payable to the title company, Unified Title, Colorado Springs, Colorado. The Title company shall specify the form of payment.
Title and deed will not transfer until full payment is received and verified.
Neither the Auctioneer nor the Seller shall be responsible for any failure of any electronic or internet systems to accept or register a bid. Registered bidders must create a password that prevents others from using their account. Bidders are responsible for ALL bids placed under their name and password. This is a Public Auction and as such, all qualified bidders may bid, including the Auctioneer, his assigns, family members and employees.
Online auctions use a “Dynamic” ending process. If a bid is received in the last five (5) minutes before the scheduled closing of an item (or at any time frame as the Auctioneer establishes), the timer on that item will extend, and will continue to extend each time a bid is received. Once the bidding stops, and the timer runs out, that item will be eligible to close.
It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor of all property.
Auctioneer may attempt to describe the property in advertising, on the internet and at the auction but makes no representations. In no event shall Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Auctioneer does not guarantee any appraisals, gradings or certifications. If you have any questions about the property, ASK THEM BEFORE BIDDING. Bidders shall be the sole judges of value.
By placing a bid, Bidder acknowledges that they have inspected the items to their satisfaction or chooses to not examine them at their sole risk. Even though a property may display as "sold" on the internet, no sales are final until they are certified by the Auctioneer and the bidder receives a confirmation from the Auctioneer. Auctioneer reserves the right to cancel any or all sales and resell the items in whatever manner he or she chooses.
Bidding increments are automatically adjusted based on the chart provided for each auction and are subject to change at the sole discretion of the Auctioneer.
Bids cannot and will not be removed or altered, unless in the opinion of the auctioneer, the bidder can establish that the bid was an obvious typographical error.