Auction Terms & Conditions
Binding Auction Agreement
The terms and conditions set forth in this agreement apply to the auction of the property identified on the property details page. Your participation in the auction of the property indicates your intent – and results in your agreement – to be bound by the terms and conditions of this agreement. If you do not wish to be bound by the terms and conditions of this agreement, you should not participate in the auction of the property.
Do Not Trespass or Disturb the Occupant
Until the court orders a transfer of title to the property, the current owner retains all of its rights in the property, including the right to exclude people from the property. Your participation in the auction does not give you any right to enter the property. It is a crime to trespass on the property. You agree that you will not trespass on the property or disturb the homeowner or occupant.
A bidder is a prospective buyer who places a bid on the property.
A bid is an irrevocable offer to purchase the property at the stated price.
The buyer’s premium is the amount added to the highest bid to determine the contract price. The buyer’s premium is calculated as a percentage of the highest bid. For example, if the highest bid is $100,000 and the buyer’s premium is 5%, the buyer’s premium is $5,000 and the contract price is $105,000. The buyer’s premium is due and payable to the PSO.
The contract price is the price of the property, payable by the highest bidder. The contract price is the sum of the highest bid and the buyer's premium.
The highest bidder is the bidder who submits the highest bid at the auction of the property and satisfies the terms and conditions of the auction. The Private Selling Officer determines the highest bidder.
The property details page is the page of the website that identifies the property up for auction. It is the page where bids are placed for that property.
The website is the one located at www.privatesellingofficer.com.
Public Auction; Not a Private Sale
A court in a foreclosure case has appointed a Private Selling Officer (“PSO”) to conduct an auction of the property. The auction is not a private sale of real estate. As a result, you will not receive disclosure and other documents customarily used in a private sale of real estate, such as Agency Disclosures, Property Disclosures and Lead Based Paint Disclosures.
Property Offered "As-Is" and “Where-Is” / No Contingencies
The property is offered and being sold "as is" and "where is,” with all faults, defects, and limitations, whether apparent or not. If you are the highest bidder, you must accept the property in whatever state and condition the property is in, with all defects, both patent and latent, and with all faults, whether known or unknown, existing at the time or arising in the future. All repairs, inspections, surveys, or permits related to the property are at your own risk and expense.
None of the contingencies that might apply in a private sale of real estate apply to the auction of the property. If you are the highest bidder, your obligation to complete your purchase of the property will be subject only to the court's confirmation of the sale. You will not be able to make the sale subject to a financing contingency, an inspection contingency, an occupancy contingency, or any other contingency.
No Interior Access
The interior of the property cannot be inspected by you or your appraiser, lender, or real estate agent. Please do not ask the PSO for access to the interior of the property. The PSO does not have any access to the interior of the property and cannot give you or anyone else access to the interior of the property.
Registering to Bid
If you want to bid on a property, you must register in accordance with the website's registration requirements. When registering, you may not provide false information or impersonate, imitate or pretend to be someone else.
The PSO may require proof that your registration information is accurate. If you do not provide such proof, the PSO may terminate or suspend your use of the website. You may not bid on any property if you have been temporarily or permanently suspended from using the website.
The PSO may reject the use of any password, username, or email address for any reason.
You may register to bid only if you are able to form a legally binding contract to purchase real property under Ohio law. You cannot bid if you are a minor or incompetent or do not have the mental capacity or authority to enter into a contract to purchase real property.
If you are registering an entity, your registration constitutes a representation and warranty that you have the mental capacity to enter into a contract to purchase real property and actual authority to legally bind the entity to a contract to purchase real property. If you do not have this authority, you agree that you will be personally liable for your conduct.
If any of your registration information changes, you must update it promptly. Your failure to do so is at your own risk. You will not seek to hold anyone else liable for your failure to keep your registration information up to date.
Safeguarding Your Registration Information
You are solely responsible for safeguarding your registration information and for updating and maintaining it. You are responsible for all actions taken with the use of your registration information. You may not authorize or permit anyone else to access or use your registration information, and you may not access or use anyone else’s registration information. You may not sub-license, transfer, sell, rent, or assign your registration information to any third party. Any attempt to do so will be null and void.
Bidding on Property
If you place a bid on a property, your bid is an indication of your intent to purchase the property for the amount of your bid plus the buyer's premium. If you are the highest bidder and the court confirms the sale, you will be obligated to complete your purchase of the property for the contract price in accordance with orders from the court, Ohio law, instructions from the PSO, and the terms of this agreement.
Paying the Sale Deposit
If you are the highest bidder, you must pay the required sale deposit within twenty-four (24) hours of the end of the auction.
You must make your payment to the title company identified on the property details page and in the email sent to the highest bidder. Your payment must be made by wire transfer. You will receive wire transfer instructions. No other method of payment is permitted.
If you fail to pay the sale deposit, you will be in default of your obligation to purchase the property. Your default may subject you to contempt of court proceedings or other legal consequences, including potential liability for damages.
If the website shows an incorrect sale deposit, the PSO may correct the error and require you to pay the correct amount of the sale deposit.
The Buyer's Premium
If you are the highest bidder and a buyer's premium applies to your purchase, the amount of the buyer's premium will be added to your bid to determine the contract price. You agree that you will pay the contract price to complete your purchase of the property and that the buyer's premium will be paid to the PSO.
Extension of Auction Period
If bidding occurs in the final moments of the auction, the end of the auction will be extended automatically for successive fixed periods of time (the “Anti-Snipe Time”). The auction will end after no bidding occurs during the Anti-Snipe Time.
Auction Might be Cancelled or Postponed / Sale Might be Vacated
Because the property is subject to a court proceeding, the auction might be cancelled or postponed at any time or the court might vacate the sale after the auction takes place or decide to not confirm the sale. If you are the highest bidder, your purchase of the property might be delayed indefinitely or you might not be able to complete your purchase of the property. You will bear all risk of loss in these circumstances and will not seek to hold anyone liable for any costs, expenses, or losses you may incur.
The Highest Bidder
The PSO has sole and absolute discretion to determine the highest bidder, subject to the court's review of the results of the auction and the court's confirmation of the sale.
If you are the highest bidder, you will have to complete and sign a Purchaser Information Form and return it to the PSO within twenty-four (24) hours of the end of the auction.
Paying the Balance Due
If you are the highest bidder, you must pay the following amounts by the payment deadline: (1) the balance of the contract price, (2) county transfer taxes, (3) county deed recording fees, and (4) any costs, allowances, and taxes that the contract price is insufficient to cover.
The payment deadline is thirty (30) days after the court's confirmation of the sale.
You must make your payment to the title company identified on the property details page and in the email sent to the highest bidder. Your payment must be made by wire transfer. You will receive wire transfer instructions. No other method of payment is permitted.
Your wire transfer must reference the Auction ID No. and the property address.
The PSO will convey title to the property via a Private Selling Officer’s deed in accordance with section 5302.31 of the Ohio Revised Code. No warranties of title are made in connection with the conveyance of title.
If you wish to take title in the name of an entity, the PSO may require documentation or information relevant to an entity's purchase of real property, such as entity formation documents and resolutions authorizing the transaction, all of which must be complete and accurate at the time it is provided.
If the property is subject to section 2329.191 of the Ohio Revised Code, the highest bidder is covered by title insurance applicable to foreclosure actions. Section 2329.191 of the Ohio Revised Code requires the plaintiff in a foreclosure action relating to residential property to file a Preliminary Judicial Report (a "PJR") with the court and to update it with a Final Judicial Report. The PJR is a guarantee of the record title only and is made for the use and benefit of the guaranteed party, as defined in the PJR, and the purchaser at the judicial sale, subject to all of the exclusions, exceptions, conditions, and stipulations set forth in the PJR.
A PJR does not provide the same coverage that an owner’s title insurance policy provides. An owner’s policy provides greater coverage. If you wish to obtain an owner's policy, you may contact the title company identified on the property details page for additional information. Any additional title insurance coverage will be solely at your expense.
Consequences of Defaulting on Your Purchase
If you default on your obligation to purchase the property by the payment deadline, then: (1) you agree to forfeit or pay the amount of the sale deposit to the plaintiff or judgment creditor who requested the sale of the property and further agree that such an amount is reasonable to cover the costs of your default, (2) you hereby consent to the personal jurisdiction of the court that ordered the sale of the property and agree to the issuance of an order from that court vacating the sale of the property, (3) you agree to pay damages to the plaintiff or the judgment creditor who requested the sale of the property in an amount equal to the difference between your contract price and the contract price at a subsequent sale of the property. You also acknowledge that, in addition to the foregoing, you may be held in contempt of court under section 2329.30 of the Ohio Revised Code and that your eligibility to use the website may be suspended or terminated. These consequences of default are in addition to any other remedies provided by law; you may be subject to other consequences not described in this agreement.
Disclaimers Regarding Information
The PSO has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the property, including whether any information is complete, accurate, reliable, current, or error-free. All descriptions of properties on the website are based solely on visual observations or information available from public records and are provided solely for identification purposes.
No representations are made about whether the property is occupied. If you are the highest bidder, all eviction proceedings and other duties and responsibilities of a real property owner and/or landlord, including compliance with federal, state or local laws, ordinances and regulations, will be your sole responsibility and obligation.
Jurisdiction of the Court
The property and the auction process are subject to the jurisdiction of a court (the "Court"), usually the Court of Common Pleas in the county in which the property is located. Your rights and obligations are governed and interpreted by the laws of the State of Ohio, other applicable law, orders from the Court (collectively, "Applicable Law"), and the terms and conditions of this agreement. If there is conflict between this agreement and Applicable Law, the conflict will be resolved in favor of Applicable Law.
This agreement shall be construed, and the legal relations between the parties determined, in accordance with the laws of the State of Ohio, without regard to its conflicts of law rules. Any allegation, controversy or claim arising from or relating to an auction of property or brought in connection with this agreement shall be brought in the Court or, if the Court no longer has jurisdiction over the Property, then in the Franklin County, Ohio, Court of Common Pleas or the United States District Court located in Franklin County, Ohio. You hereby irrevocably consent to the exclusive jurisdiction and venue of these courts. You agree to submit to the personal jurisdiction of these courts, and you agree not to assert the doctrine of forum non conveniens in any action in these courts.
Amendments to this Agreement
The PSO reserves the right to amend the terms of this agreement at any time. All amendments become effective upon posting to the website. If you object to any amendment, your sole recourse will be to stop using the website and/or participating in an auction on the website. Your continued use of the website and/or participation in any auction on the website constitutes your acknowledgement of the amendment and agreement to be bound by the terms and conditions of this agreement, as amended.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.