Buck Up Auction’s Terms and Conditions
Heather Kaspar TXL17037
Auction Terms and Conditions set forth between Purchaser (Bidder), hereafter called Buyer, and Buck Up! Auction Services, Heather Kaspar, hereafter called Auctioneer, are as follows:
1. Auctioneer reserves the right to bar anyone from participating in the auction or refuse admittance.
2. Auctioneer is not liable for any person, event, or claim for injury or damage to any person or property of any kind or nature including acts of God. Auctioneer makes no claim, warranty expressed or implied, or any other representation as to the nature, condition, make, model, or function of any property real or personal (hereafter called Item) at this auction.
3. Unless specified by the Auctioneer, all items will be sold AS IS, WHERE IS, with no guarantees expressed or implied. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warrantee, or representation. Prospective bidders should inspect the Item before bidding to determine condition, size, etc. No refunds or credits will be issued. Buyer assumes all responsibility or damages to the Item or for injury caused by the Item when the Auctioneer says “SOLD.”
4. As of July 1, 2015: There is a 14% Buyers Premium with a 4% discount on all cash, check, or bank party draft purchases and all Bank checks must be approved before Auction day. Buyers Premium will be charged on the personal property at this auction. NO Buyers Premium will be charged on the Real Estate at this auction.
5. Items may not be removed from premises until paid in full by cash or certified check or other approved means.
6. Children under the age of sixteen (16) are not allowed in the auction area.
7. Buyer (Bidder) Eligibility: Buyer must be at least 18 years of age and have a picture ID. By participating as Bidder in any Auction Sale, the bidder represents that he/she is:
a. Subject to the Auction Terms and Conditions contained herein and other applicable auction rules, including but not limited to any local auction rules, as a condition of doing business at the Auction;
b. Registered with Auctioneer to purchase. Persons shall be considered registered if the person has completed all registration requirements of Seller and Auctioneer. Application for registration shall constitute authorization for Auctioneer to investigate and verify all information provided to Auctioneer;
c. If tax exempt, resellers must fill out a resale tax certificate upon registering as a bidder to receive a buyer’s number.
d. If ag/farm exempt, buyers must fill out an Ag/Farm exempt form upon registering as a bidder to receive a buyer's number.
8. Sale Procedure: Unless designated by the Auctioneer, all sales will be deemed consummated when the Auctioneer says “SOLD”, with the Auctioneer calling out the Buyer’s bid badge number (Bidder Number) and sale price, and the block clerk recording that sale and all specific terms thereof. All sales shall be final and legally binding only when the highest bid is accepted by the Seller and recorded or a subsequent offer or counteroffer is accepted and recorded. The Seller and/or Buyer will be bound by the written record of the purchase and sale and the terms thereof, as orally announced to such parties. In the case of a tie bid, at the Auctioneer’s discretion, bidding will be re-opened between the two parties in question ONLY. The Auctioneer’s decision on tie bids is final.
9. Payment Terms: All purchases must be paid for and/or payment arrangements made and all fees satisfied on day of sale. All payments are to be made by cash (US currency), cashier’s check, personal check with bank letter of guarantee, third-party bank draft, or credit card.
10. Warranties: Seller covenants, guarantees, and warrants that with respect to each Item assigned for sale through the Auction that title to the item will be transferred valid and free from all defects, liens, and encumbrances. Unless specified by the Auctioneer all items will be assumed AS IS, WHERE IS, with no warranty expressed or implied. Auctioneer and Seller are not responsible for any loss or damage to property at any time. All decisions and conditions of sale set forth by the Auctioneer at the time of sale are FINAL.
11. Changes to Auction Terms and Conditions: These Terms and Conditions are subject to change as amended. Any oral amendments made by the Auctioneer will supersede these Terms and Conditions and are final.
12. Delivery of Items: No item shall be delivered to Buyer before final payment is received by Auctioneer in collected funds and no Item shall leave the premises until all financial obligations related to the sale of the Item are met, including but not limited to all tax, title, and licensing fees. Ownership shall pass to the Buyer when Auctioneer is paid with collected funds.
13. Additional Terms specific to the purchase of real estate:
a. A Buyer Rep Agreement must be presented to Heather Kaspar via email at heather@buckupauctions.com one week prior to auction sale date or sooner to be honored for buyer representation.
b. You have up until April 6,, 2016 to complete any and all inspections needed to purchase the property by auction on April 9, 2016.
c. There will be no Buyers Premium on the sale of this real estate.
d. Heather Kaspar is a licensed Realtor ® with My Real Estate Expert, LLC./Buck Up Realty & a licensed Auctioneer with the Texas Department of Licensing & Regulation – TXL#17037.
e. Seller reserves the right to accept or reject the final bid price.
f. Property is Sold As-Is
g. Auctioneer is also a licensed Realtor with My Real Estate Expert, LLC./Buck Up Realty
14. Firearm buyers may be subject to a background check and agree to provide a copy of their driver's license and complete all paperwork necessary to complete the transaction.
15. Miscellaneous: No waiver of the provisions hereof shall be effective unless in writing and signed by Auctioneer. The Auction Terms and Conditions shall bind the respective heirs, executors, administrators, successors, and assigns of the Buyer and inure to the benefit of Auctioneer and Seller and its successors, assigns and subrogates. These Auction Terms and Conditions and any and all agreements or authorizations executed by Buyer or Seller in connection herewith shall be governed by and interpreted in accordance with the substantive laws of Texas without resort to principles of conflicts of laws. By execution of these Auction Terms and Conditions, the Buyer submits to the personal exclusive jurisdiction of the courts of the State of Texas and to venue in the Circuit and Superior Courts of Fayette County, Texas, and the Federal Courts of the United States, sitting in Austin, Texas for the adjudication of any matters arising under or in connection with these Auction Terms and Conditions. Any action initiated by the Buyer against Auctioneer or Seller relating to these Auction Terms and Conditions shall be conducted in said Courts. Auctioneer may bring any suit against Buyer under or related to these Auction Terms and Conditions in any Court of competent jurisdiction.
16. If there are any unresolved complaints against Buck Up Auctions, complaints may be directed to:
Texas Department of Licensing and Regulations
P.O. Box 12157
Austin, Texas 78711
512-463-6599
www.tdlr.texas.gov
