Tuesday, October 23, 2018
Theurer Auction/Realty, LLC.
TERMS AND CONDITIONS OF THE AUCTIONBy registering to bid or placing a bid, you agree to be bound by all of these terms and conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID! THERE ARE NO REFUNDS AND NO RETURNS!!1.Bidder and his or her agents and employees are responsible for any damage they may cause or liability that may attach from any of their actions on or around the auction site and premises when attending the exhibition, sale or removal of merchandise. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and indemnify Theurer Auction/Realty LLC (TA/R), Theurer.net and Larry J. Theurer from any liability and causes of action.2.Bidder agrees that all property is sold "AS-IS WHERE-IS" with no warranties express or implied and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. TA/R may attempt to describe the real estate in advertising on the internet and at the auction but makes no representations. In no event shall TA/R be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. TA/R does not guarantee any appraisals, gradings or certifications. If you have any questions, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk.3.TA/R will not be responsible for any errors or omissions in the description unless it is a material and intentional misrepresentation of the real estate itself. Bidder agrees that he or she may not void or cancel the contract for any reason except an intentional and material misrepresentation of the real estate itself made by TA/R. Bidder's sole remedy in the event of an intentional and material misrepresentation shall be to refund the earnest deposit. Bidder agrees that under no circumstances whatsoever will TA/R ever be liable to Bidder for an amount greater than the purchase price of the item they purchased.4.BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. All internet Bidders agree to pay a buyer's premium equal to 10% of the high bid price. If the high bid price of an item is $100,000, the buyer's premium will be $10,000 or total purchase price of $110,000. 5.MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder has to bid to increase the current price and the computer will automatically bid up to your maximum in the increments specified. 6.AUCTION END TIMES: Theurer Auction/Realty LLC, online only auctions are timed events and all bidding will close at a specified time. However, our auctions also have what is called a 'Soft Close' feature. Any bid placed within the final 2 minutes of an auction results in the auction automatically extending an additional 2 minutes. The bidding will extend in 2 minute increments from the time the last bid is placed until there are no more bids, and the lot sits idle for 2 minutes. Therefore, the auction will not close until all bidding parties are satisfied and no one can be outbid in the last seconds without having another opportunity to bid again.7.TA/R is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly at any time, including the auction closing time. Under no circumstances shall Bidder have any kind of claim against TA/R or anyone else if the internet service fails to work correctly before or during the auction closing time. TA/R will not be responsible for any missed or failed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should place their maximum bids at least two hours prior to the auction closing time. TA/R reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, TA/R reserves the right to extend the closing times, change the extension time, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by TA/R and Bidder receives an invoice. TA/R reserves the right to cancel any or all sales and resell the items in whatever manner it chooses.8.The bids are advanced at pre-set increments available on the bidding web page which may be changed at any time in TA/R's sole discretion. TA/R may accept items with secret reserve prices. The seller and TA/R reserve the right to bid on behalf of the seller on items on which there may be a reserve price. TA/R may reject or cancel any bid for any reason. The record of the auction made by TA/R shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including TA/R owners, family members and employees.9.TA/R may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card or any other reason. Bidder hereby agrees that TA/R may share information about Bidder's non-payment of auctioneer invoices or shipping charges with other parties and may pursue collection of balances due by any legal means. Bidder agrees to provide any identification TA/R may request including but not limited to: driver's license, Social Security card or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.10.Bidder agrees that this agreement shall be governed by the laws of the state of Kansas and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Sumner County, Kansas. 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 Kansas. 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. In the event of any litigation arising out of this Contract, the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.11.By registering for this auction you agree to be added to TA/R's email list. Each email we send has an easy unsubscribe link at the bottom of the email. Please do not report our emails as spam. Photo, video and audio recording is being made at all auction exhibitions and removal events. Bidder hereby agrees that TA/R may use Bidder's likeness, recorded at these events, for any purpose. We hope you enjoy our auction and are able to make many advantageous purchases.FINANCING: Financing is not a contingency of sale in this offering. Therefore, it is strongly recommended that potential bidders ensure in advance that they are able to obtain the necessary financing to close the transaction. CONTRACT SIGNING: At the conclusion of the auction the Winning Bidder will receive an email confirming his or her winning bid status. In this or a subsequent email the Winning Bidder will receive a link to sign all documents electronically along with wiring instructions for submitting the required earnest money deposit to the named title company. The Contract will be presented to the Seller for confirmation.The Auctioneer or his representative will contact the Winning Bidder the following day to address any questions concerning the required process. Should the electronic processes described above be unavailable, alternative arrangements will be made. In any event, the contract signing and deposit payment process must be completed by close of business on the day following the auction conclusion. A Winning Bidder whose documents and deposit are not received within the required timeframe is subject to paying a liquidated damages amount equal to the down payment (charged to the credit card used at registration) and will not be allowed to bid in any future Theurer Auction/Realty auction events. Note that property-specific purchase documents are available prior to the auction end date and any professional reviews of such documents should be undertaken PRIOR to bidding. All final bids are subject to Seller's confirmation, unless advertised otherwise. Any property with a high bid exceeding the Seller's reserve will be declared "sold" by the Auctioneer. In instances where the seller's reserve was not met in the auction, the signed contract and accompanying deposit will be presented to the Seller for approval, which shall be given or denied in the Seller's sole discretion within 5 business days. If approval is denied, all documents and the deposit will be returned immediately.CLOSING: Closing shall be set within 30 days of contract acceptance or as soon thereafter as all required documents are available.EVIDENCE OF TITLE:Seller shall cause to be furnished to Buyer a title insurance company's commitment to issue, after closing, a title insurance policy in an amount equal to the full purchase price naming Buyer as the insured. Seller and Buyer shall each pay one-half the cost of Owner's Policy. Buyer shall pay for any title coverage for the benefit of Buyer's lender.REAL ESTATE TAXES & ASSESSMENTS: Seller will pay 2017 taxes and prior years. Taxes for 2018 include additional land so will be "estimated" and prorated to date of closing. Buyer will pay 2018 taxes when due. INSPECTIONS:The Real Estate is not offered contingent upon inspections. The Real Estate is offered at public auction in its present, "as is, where is" condition and is accepted by Bidder without any expressed or implied warranties or representations from Seller or Theurer, including, but not limited to, the following: the condition of the Real Estate; the Real Estate's suitability for any or all activities or uses; the Real Estate's compliance with any laws, rules, ordinances, regulations, or codes of any applicable government authority; the Real Estate's compliance with environmental protection, pollution, or land use laws, rules, regulations, orders, or requirements; the disposal, existence in, on or under the Real Estate of any hazardous materials or substances; or any other matter concerning the Real Estate.It is Buyer's responsibility to have any and all desired inspections completed prior to bidding, including, but not limited to, the following: roof; structure; termite; environmental; survey; encroachments; groundwater; flood designation; presence of radon; presence of lead-based paint or lead-based pain hazards; presence of asbestos; presence of mold; electrical; appliances; heating; air conditioning; mechanical; plumbing (including water well, septic or lagoon compliance); sex offender registry information; flight patterns, or any other desired inspection. Bidder acknowledges that Bidder has been provided an opportunity to inspect prior to the ending of the Auction and that Bidder has either performed all desired inspections or accepts the risk of having not done so.EASEMENTS AND LEASES:Sale of said property is subject to any and all easements of record and any and all leases.AGENCY: Theurer Auction/Realty LLC and its representatives are Exclusive Agents of the Seller. BROKER PARTICIPATION: A 3% commission will be paid to any properly licensed Broker or Agent who registers a successful buyer according to the appropriate Broker Participation Agreement. This form is available from the Auction Company and must be completed and returned no later than 24 hours prior to the auction end date.DISCLAIMERS AND ABSENCE OF WARRANTIES:The information in the auction advertising was obtained from sources believed to be accurate, but is subject to verification by all parties relying on it. All sketches and dimensions are approximate. No liability for its accuracy, errors or omissions is assumed by the Seller or the auction company. All information contained in the advertising and all related materials are subject to the terms and conditions outlined in the purchase agreement. The Auctioneer reserves the right to bid on behalf of the Seller up to, but not beyond the Seller's reserve (if applicable). This property is available for and subject to sale prior to auction. Property is being sold subject to Seller confirmation.PRE-AUCTION SALES:As exclusive agents for the Seller, the Auctioneer has a fiduciary obligation to present any and all offers to the Seller. Therefore, all properties are subject to pre-auction sales. Pre-auction offers must meet all auction terms and be submitted to the Auctioneer on the Real Estate Purchase Contract along with the required deposit. Properly submitted offers will be presented to the Seller, who may accept or reject such offer in their sole and absolute discretion.The Real Estate is offered for sale to all persons without regard to race, color, religion, sex, handicap, familial status, or national origin.
Harper, KS US
This is an efficiently sized property that is ready for you or your tenants to move right in. - 2 Bedroom- 1 Bathroom- 835 Sqft- Single Car Detached Garage- Trane Central Heat and AirContents of house and Appliances sold seperately. See Downsizing Household Online Auction.