Name Connie Smith Estate Real Estate Auction
Auctioneer Pence Auctioneers
Type Online-Only Auction
Date(s) 4/15/2019 - 5/15/2019
Internet only
Preview Date/Time 4-28-2019 and 5-5-2019 9-11:30 AM
Checkout Date/Time Closing on or before 6-14-2019
Location 895 Miami Conservancy
Piqua, OH 45356
Buyer Premium 3% Buyers premium is applicabe.
Description
Connie Smith Estate Shelby County Probate Court Case Number- 2017-EST-271 Sarah G. Worley, Esq., Administrator $5,000 Non-Refundable deposit to be wired to real estate trust acount within 24 hours of the close of the auction The property is being sold in its as-is where-is condtion to settle the estate. Pre-Auction offers will be considered. 3% Buyer Broker to be paid, but only if all condtions are met. Condtions are as follows. Agent must contact by phone Bryan Pence at (937)-541-9199 to express their buyers intent to bid Agent must attend at least one open house of the property with their potential purchser. Agent must submit completed purchase contract to Auctioneer at the completion of the auction. Agent must attend closing with their cliet. If any of these terms are not met, agent shall not be entitled to the buyer broker compensation.
Auction Terms & Conditions Online Auction Full Terms and Conditions of Sale 1. Bidders must do all of their due diligence (home inspections, appraisals, etc.) prior to the end of the online bidding. The Sales Contract will not contain any contingencies for these matters. This property is sold AS IS, WHERE IS, and is not subject to any financing. 2. The winning bidder must sign a Memorandum of Auction Sales Contract and deposit with $5,000 as a down payment in the form of cash or check no later than 24 hours after the end of the online auction. This transaction shall take place at Title Safe Agency, Inc., 210 W. Main Street, Troy, Ohio 45373. 3. If you are outbid by another bidder, you will receive an email notice so you can return and increase your bid if you so desire. 4. The bidding will be open and everyone will have access to the bid history during the auction. 5. As the auction nears the ending time it will auto-extend until bidding is silent for 10 minutes. 6. If there is more than one high bid at the same level (a tying bid), the bid first submitted will be honored. 7. The high bidder will be notified via email after the auction ends. 8. Bidders have been advised to physically inspect the property on their own behalf. 9. The Winning bidder will sign the Real Estate Purchase contract. A copy of the contract is attached. 10. The property will be auctioned in an “AS-IS, WHERE-IS” condition as of the date and time of sale. Pence Auctioneers nor the seller(s), their agents, employees or representatives make any expressed or implied warranties of any kind concerning the property and this sale. 11. The information listed in materials describing the property is obtained from sources, which are deemed reliable, but not guaranteed. It is the bidder’s responsibility to verify all property information prior to bid and sale. The decision to purchase or not purchase the property is the sole and independent business decision of each bidder. Auctioneer assumes no responsibility for the condition or property or for the performance of this Contract by any and all parties. Purchaser hereby warrants and represents that Auctioneer has not made any statements, representation or warranty regarding the condition of the premises, zoning conditions, governmental requirements or environmental matters, guarantees or warranties of the like, upon which Purchaser has relied and which is not contained in the Contract. Pence Auctioneers shall not be responsible or liable in any way if the owner fails to honor the bid, or refuses to settle or cannot close in accordance with the Sales Contract. 12. Pence Auctioneers reserves the right to withdraw any property from sale and may cancel any auction sale prior to the start of bidding. 13. Bidding increments are made in amounts acceptable to the Auctioneer, who may set a minimum bidding increment as the sale progresses. Any bid may be rejected by the Auctioneer if it is merely nominal or, at his or her discretion, it may negatively affect the auction process. This Auction will be Reserve, meaning that the seller may accept or reject the high bidder. 14. In the event of a dispute between bidders the auctioneer in its discretion may determine the successful bidder or re-offer the property for sale. 15. The winning bidder of the sale must sign the sales contract and all applicable forms relating to the sale upon completion of the auction. At that time an initial deposit will be due from the Purchaser in certified funds. 16. A Buyer’s Premium in the amount of 3% will be added to the high bid and will be due from the winning bidder. The Buyer’s Premium is in addition to the winning bid, and when added together with the winning bid this figure represents the Final Purchase Price to be paid by the purchaser at settlement, in addition to any customary buyer closing costs. 17. Settlement is to take place within Thirty (30) calendar days of the auction sale date. Closing Shall be held at Title Safe Agency, Inc., 210 W. Main Street, Troy, Ohio 45373. Purchaser should secure any necessary financing and select a settlement agent or attorney immediately. 18. By bidding at an auction, whether present or by agent, by written bid or otherwise, bidders shall be deemed to have consented to the jurisdiction of the State and Federal courts of the State of Ohio. 19. The property will be sold in “As is” condition without express or implied warranty as to the nature and description of the improvements. The property will be sold subject to easements, agreements, restrictions or covenants of record affecting the same, if any. Dimensions and acreage are more or less. Time is of the essence as to the terms of this contract 20. Pence Auctioneers may accept telephone bids from registered bidders. Phone bids will be placed online under the name of “Phone Bidder”. Additional Auction Specific Terms On-Line Auction Terms and Conditions This Property is being offered via an Online Only Auction Event. Bidding will be open April 15th 2019 and end May 15th 2019 at 8:00 P.M. Register and place your bids at www.penceauctioneers.com Property Description: 895 Miami Conservancy Rd Piqua, Ohio 45356. Shelby County Parcel #58-26-29-127-007 AUCTION PROCEDURE: The real estate above will be offered as one unit to the highest bidder subject to fiduciary confirmation via online auction on the 15th day of May, 2019. Bidding will close at 8:00 p.m; provided, however, that in the event a bid is placed within 10 minutes of the auction close, bidding will automatically be extended an additional 10 minutes and the last bidder will be notified via e-mail that they have been outbid. Our system also offers a Max Bid or proxy-bidding feature in which a bidder may enter their maximum bid and the computer will bid on their behalf in designated increments. BUYER’S PREMIUM: A 3% buyer’s premium will be charged. This buyer’s premium will be added to the final high bid to determine full contract price. NOTIFICATION OF ACCEPTANCE OF OFFER: The successful bidder will be notified via phone or e-mail within 24 hours of the auction close that their bid has been accepted. ACCEPTANCE OF BID PRICES: The successful bidder will be required to enter into a NON CONTINGENT REAL ESTATE PURCHASE CONTRACT with the seller within 24 hours of the auction close. This will take place at Title Safe Agency, Inc., 210 W. Main Street, Troy, Ohio 45373. Your bidding is considered to be a binding contract. DEPOSIT: $ 5,000.00 shall be required at the time of executing the above-mentioned agreement as good faith earnest money. Payment may be made in the form of Cash, or Check. This deposit shall be made payable to the Estate of Connie S. Smith and will be held in Escrow until closing at which time it will be returned to the buyer. TITLE: At closing the seller shall convey marketable title to the property free and clear of all liens and encumbrances in the form of a fiduciary deed. If the seller’s title is found to be defective the seller shall have the right to remedy the defect within 60 days. If this cannot be done, then, at the option of the buyer, the deposit shall be returned and the auction sale terminated. CLOSING: The full contract purchase price plus other applicable closing and transfer fees shall be due at closing which shall take place no later than June 14th, 2019. Closing for this transaction shall be held at Title Safe Agency, Inc., 210 W. Main Street, Troy, Ohio 45373. POSSESSION: Seller shall deliver possession to the property at closing. All fixtures, personal property, as well as any and all debris remaining at the time of possession shall become the property and responsibility of the purchaser. Neither the present owner nor auctioneers assume any responsibility for any remaining items located in or on the premises. REAL ESTATE TAXES, UTILITIES: Real estate taxes and assessments shall be pro-rated to the day of closing. The seller shall pay all accrued utility bills to the date of possession by buyer. SALE CONTINGENCIES: Your agreement to purchase this property is subject to no contingencies of any type including financing. AGENCY: Bryan Pence and Garden Gate Realty are exclusive agents of the seller. DISCLAIMER AND ABSENCE OF WARRANTIES: The property and all fixtures are being sold on an AS-IS WHERE IS BASIS with no warranty or representation, either expressed or implied, concerning the property by the sellers, Broker or auction Company. Buyers are responsible to perform all of their own inspections and have those results satisfactory to their expectations before bidding. Owner: Sarah G Worley, Administrator of the Connie Smith Estate. Under case number 2017-EST-271, Probate Court, Shelby County, Ohio Bryan Pence Auctioneer/ REALTOR Garden Gate Realty Troy, Ohio 937-541-9199 --------------------------------------------------------------------------------------- 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. REGISTRATION OBLIGATIONS 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 AUCTIONS 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 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. BIDDING 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. 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Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 9,999,999.99 250.00 USD
Currency USD
Buyer Premium 3% Buyers premium is applicabe.
Payment Terms
Cash