Auction Terms & Conditions Please review all terms and conditions.

47 Windridge Dr., Dunlap, Tennessee 37327

Each bid constitutes an offer on the property.

The auction is with reserve and subject to the owners’ acceptance and confirmation of offer.

ALL registration steps must be completed to be approved to bid in this auction.

TYPE OF AUCTION: Online Only Bidding

BUYERS PREMIUM: 10% Real Estate.

BIDDING BEGINS: November 13th, 2023

DATE OF AUCTION-BIDDING ENDS: Wednesday November 29, 2023

TIME OF AUCTION CLOSE: 7:00pm Eastern/6:00pm Central Time
This auction implements soft close technology and will extend bidding for a determined timeframe with each bid.

OPEN HOUSE DATES:
Sunday November 19, 2023 from 3:00-5:00pm ET/ 2:00-4:00pm CT

Sunday November 26, 2023 from 2:00-5:00pm ET/ 1:00-4:00pm CT.

PAYMENT: $10,000.00 Earnest money deposit due in full within 24 hours of auction.

BALANCE DUE/CLOSING: On or before thirty days, December 27th, 2023.

TITLE COMPANY: ALLIANCE TITLE, LLC, 2242 Encompass Drive, Chattanooga, TN 37421. PHONE: 423-648-8390 FAX: 423-648-8391

TYPE OF DEED: General Warranty Deed

BROKER PARTICIPATION OFFERED: Yes. 2.5%. Brokers MUST complete the NeXstep broker participation form 24 hours prior to auction date to qualify for commission. ***NOTE: This does NOT register your buyer for bidding***Broker Participation Form Link

 We highly recommend bidders complete registration 72 hours in advance of the auction. Bidders are verified by NeXstep. Bidders registering later than 24 hours prior to auction may be subject to delay or may not clear the verification process in time to bid.

 Registration Steps:

1. Choose Register To Bid
2. Complete the details to register with the platform.
3. You have now registered with the platform and its time to choose which auction you are registering for. Each auction is a separate auction with its own unique set of terms and conditions.
4. Choose the specific auction you wish to register for.
5. If prompted enter your credit card information.
6. This places a $500 temporary hold on your card to ensure the card is valid. The hold will be removed within 24 hours following the auction.
7. Bidders will be placed in pending status until verified with the auction office.
8. Bidder verification occurs Monday - Friday 8:00am-5:00pm ET.
9. Once verification and registration is completed. We highly recommend that you enter your max bid into the system to ensure that your bid is accepted and acknowledged. The system will auto bid for you to that amount. You may login and increase your bid and continue bidding at anytime.
10. Bidders needing special assistance to bid please contact our office or the agent.

Contact 423.702.6886 or support@nexstepre.com

Realtor/Auctioneer AGENT: Text or Call Paige Holt 423.702.6287

BIDDER DEPOSIT: $500.00 temporary hold required for this auction. Unless within the scope of the auction companies' standard bidder registration practice for new or international bidders which may have additional processing requirements.

BIDDER STATUS: Online bidder will be placed in pending status until verified and processed with auction office.

CONTRACT: Online winning bidder for real property agrees to enter into and sign auction contract via e-sign agreement immediately following auction. By participating in this Auction to purchase real property, you are agreeing that you are submitting a written offer; your act of bidding constitutes your submission of a written offer in the amount of your bid. Each bid is an offer to purchase. There is a stated Buyer's Premium for this sale. Therefore, stated buyers premium % of the highest bid will be added to the final hammer price to achieve the total contract price.

Example: $100,000.00 x 10% buyer's premium= $110,000.00 total contract price.

EARNEST MONEY DEPOSIT: Online winning bidder should be prepared to submit full $10,000.00 by bank wire or by check within 24 hours of auction.

 

We encourage early registration to ensure that your online bidder registration is approved.

ACCEPTANCE OF TERMS & CONDITIONS: By registering to participate in the bidding process for the above asset, you are agreeing to the following terms & conditions: Payment in full as earnest money down within 24 hours of auction. Good check or bank wire due for earnest money deposit, closing on or before 30 days following auction. Taxes to be prorated. Possession occurs following the transfer of deed at closing or expiration of a lease in its entirety. Property is being sold "As-Is" with any and all faults subject to all covenants and restrictions. There are NO warranties expressed or implied by RE/MAX Properties or NeXstep LLC or by the seller. The properties offered in this auction may not have surveys, title searches, or appraisals. Buyer is responsible for verifying square footage, acreage, zoning regulations, and any and all other pertinent information deemed relevant by the prospective buyer. Lines and areas displayed are for showing the general area of the property and are for reference only and not guaranteed to be accurate. Buyer shall be responsible to conduct any and all inspections buyer deems necessary at buyer's expense prior to the auction date. There are NO Contingencies to this sale. Announcements made day of sale take precedence over previous advertising or any other published or stated information or data.

BIDDER REGISTRATION QUALIFICATIONS: Bidder must fully register with NeXstep LLC, agreeing to all terms and conditions. A Valid government-issued picture ID may be requested. Proof of funds - will be required prior to auction.  Articles of incorporation, trust documentation or other proof of signing authority (for those taking title in a company name or trust only) must provide pertinent documentation. If you are bidding on behalf of someone, you must provide a power of attorney authorizing you to bid and execute documents for the purchaser for their specified properties of interest, The registered bidder is the party that is financially responsible to complete the transaction, payment and closing.

Bidders Please Note*- this auction is NOT contingent on the buyers ability to obtain financing. Any bidder that fails to close will forfeit the earnest money deposit.

CLOSING INFORMATION: Buyer pays all closing cost. Closing to occur on or before 30 days of auction. Closing attorney/agent to be determined by seller and NeXstep LLC. If financing, you must provide your loan commitment documents on bank/lender letterhead. If you are a legal entity such as a trust or corporation, you must provide articles of incorporation, trust documentation or other proof of signing authority. The foregoing documentation must be provided within 24 hours of the acceptance of your bid.

THIS AUCTION IS SOLD AS IS WHERE IS WITH NO CONTINGENCIES AND IS NOT CONTINGENT ON FINANCING, APPRAISAL, INSPECTIONS OR FOR ANY OTHER REASON.

ALL CLOSING COSTS ARE THE RESPONSIBILITY OF THE PURCHASER, INCLUDING COSTS CUSTOMARILY PAID BY THE SELLER UNLESS OTHERWISE STATED.

 

AS-IS SALE: All properties are being sold "AS IS - WHERE IS". There are no contingencies in regard to financing, title, appraisal, inspections or surveys, property sales with any and all faults, subject to easements, leases, restrictions, covenants, conditions, zoning, occupancy and all other matters revealed by a current survey or an inspection of the property and contained in public records. The buyer is hereby put on notice that if they are the high bidder, they are then committed to proceed with the purchase once documents are executed by the seller. The buyer is responsible for all due diligence prior to placing their bid and the verification of any information advertised. If the buyer fails to close, they will forfeit their earnest money deposit, and could face litigation for performance of contract. Additionally, if the buyer is the high bidder and fails to proceed with the contract, they will forfeit their registration deposit as liquidated damages. The property will sell as is where is with no warranty, express or implied, as to soil condition, environmental and wetlands, zoning and improvements. Information contained herein is believed to be from sources deemed reliable but there are no warranties expressed or implied by RE/MAX Properties, NeXstep LLC, brokerage, agent or seller. Seller reserves the right to add or delete property or cancel the sale prior to the auction. All real estate is sold with reserve whether published or unpublished unless otherwise advertised and absolute. All real estate is subject to the sellers acceptance and confirmation of offer.

 

CONDITION OF THE PROPERTY: You agree that you will accept the Property in "As-Is" condition and subject to all defects, including those defects that affect title, physical condition, environmental condition, survey, lead-based paint where applicable, and legal status such as zoning and building codes. Seller makes no warranty as to title, condition, or legal status.

 

AUCTIONEER RESPRESENTATION: Auctioneer represents the seller only and does not inspect properties. Bidders must conduct their own due diligence, inspection, and investigation of each property to determine the suitability of each parcel prior to placing a bid. Bidders must rely solely upon their own investigation and NOT any information provided by the Seller, Auctioneer, Representative, Firm, Broker, Agent, Contractor or Employee. Failure of a bidder to be fully informed on the condition of a property will not constitute grounds for a claim or adjustment or to cancel the sale. All the information contained regarding this property was obtained from sources deemed reliable but is not guaranteed and may be in error. Furthermore, the Auctioneer and Seller DO NOT WARRANT OR IN ANYWAY GUARANTEE the accuracy thereof. Seller has made no independent investigation of any information provided and assumes no responsibility for the absence or providing of any information, whatsoever, or for the accuracy thereof.

POSSESSION: Other than as disclosed in the web page for any particular parcel of property, Seller makes no representation as to the occupancy of any parcel offered for sale in this Auction and Seller further will not place you in possession of the Property at closing. That is, Seller will not evict any tenants or squatters who may be present on the Property. It is your duty to conduct your own due diligence regarding the status of occupancy prior to bidding. After closing, it is your obligation to ensure that your possession of the Property is lawfully accomplished. It is expressly up to the buyer to verify whether or not the property is occupied. Possession of property to be passed at closing unless otherwise specified in the particular auction terms stated above.

 

DUE DILIGENCE: You are responsible for verifying the legal description, condition of title, square footage, acreage, zoning, regulations and conformity, taxes, surveys, back taxes, liens, permitting, utilities, school zones, condition of property, HOA dues, and any and all other information you deem appropriate. You are responsible to conduct any and all due diligence you deem necessary at your expense prior to bidding. There are NO CONTINGENCIES to this sale and the sell is not contingent on inspection period prior to or after the bidding. Bidders may enter unoccupied properties per stated terms to conduct limited due diligence at their own risk but may not enter any property identified as occupied and may not enter any structures on the property without prior written approval from RE/MAX Properties, NeXstep LLC. Bidders may not conduct any invasive or destructive testing of the property, including phase II environmental site assessments.

ASSUMPTION OF RISK: Your inspection of the property(ies) and attendance at this auction are at your own risk. Auctioneer, seller, and their respective agents, contractors, and employees expressly disclaim any "invitee" relationship and shall not be liable to any person for damage to their person or property while in, on, or about these properties, nor shall they be liable for any defects, dangers or conditions on the property(ies). All persons enter the property(ies) and attend the auction at their own risk and shall defend, indemnify, and hold harmless auctioneer, firm, broker and seller, their agents, contractors, and employees from any and all liability attendant thereto.

 DEED:  Delivered at closing.

 All properties are subject to seller confirmation and acceptance.

 ERRORS AND OMISSIONS: Information has been provided for these properties; however, Compass will not be held responsible, liable, or accountable for any error or emission in descriptions, images, or any information from any source whatsoever. Bidder is responsible for their own research and all information associated with each property. By bidding in this auction bidder is relying solely on their own knowledge, expertise, and investigation.

 AUCTIONEER AUTHORITY: The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or adjust, or separate quantities offered, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding, to accept or reject any or all bids, to sell out of scheduled sequence, and to cancel or re-schedule an auction. The Auctioneer will call the sale either live, online and or both and control any increments of bidding. Auctioneer reserves the right to bid on behalf of the seller. Absentee bids may be accepted at the discretion of the Auctioneer, and the Auctioneer reserves the right to enter bids on behalf of absentee bidders. The Auctioneer is the controller of the conduct of the auction and shall be the final and absolute authority without liability to any party. The auctioneer will be the final authority in determining the highest bidder in the event of any question as to highest bidder. Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the Auctioneer reserves the right to reopen the bidding. The auctioneer's designation of a buyer shall be final.

 BIDDING AND TECHNOLOGY: Auctioneer reserves the right to withdraw or re-catalog items in the auction as needed. All announcements made day of auction or posted as an update in the terms & conditions will take precedence over any and all written, verbal or electronic statements, Auction Company reserves the right to update terms and conditions at any time without notice. Registration: -Online bidding will be conducted with an online bidding platform-Internet Bidders are required to register with the online bidding platform and receive an Auction Registration Bidder Number. NeXstep, LLC. is providing Internet Auction bidding as a service. NeXstep LLC will not be held responsible for any issues with technology, or for any missed bids for any reason whatsoever whether live or onsite Auction or live bidding over the internet or for any technology issue. - Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours prior to the beginning of the auction. -By registering to bid and/or bidding on any item in the auction the registered bidder has accepted the terms and conditions of the auction and agrees to adhere to and be bound by all sections of the auction terms and conditions. This is a legally binding contract whether attending onsite or by clicking to agree to the terms and conditions online, or by any other digital method whether by fax or email the buyer is bound by the terms and conditions set forth in this contract. This auction is using a soft close feature and bidding will extend by a designated timeframe when a bid is placed per lot.

 CANCELLATION / LIQUIDATED DAMAGES: If the high bidder breaches any portion of these auction Terms of Sale, or the Contract for Sale and/or fails to return all executed copies of all required documents or the required down payment, the seller has the right to cancel or void bidder's high bid offer and shall be rejected by the seller and any and all rights to purchase the property, if any, shall terminate with the seller having the right to offer for sale or sell the property to another without limitation, and the bidder shall pay Auctioneer liquidated damages in an amount equal to the potential loss to the auctioneer, the earnest money deposit or the bid deposit held on bidder's credit card at the time of registration whichever is greater. The bidder hereby authorizes Auctioneer to charge the credit card used to register for the Event the bid deposit or the earnest money deposit whichever is greater to satisfy all or part of the associated damages caused and owed to Auctioneer by bidder.

 CONTRACT FOR SALE DEFAULT: If the high bidder executes the Contract for Sale and other required documents and tenders the down payment, but fails to complete the transaction for ANY reason (including, but not limited to, remitting the total purchase amount), the high bidder shall relinquish ANY right to complete the transaction and shall have no rights or interest in the property, as well as forfeit all down payment and or earnest monies as liquidated damages to Seller. State statutes may give Seller the right to pursue legal action against bidders who refuse to complete transactions. This may include legal action to pursue finalization and or completion of the sale, and or criminal charges. Auctioneer may pursue legal action for damages and loss of commissions.

 DISCLAIMERS, NO WARRANTIES, ERRORS & OMISSIONS. AUCTIONEER, FIRM, AGENTS, AND THE SELLER EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS, OMISSIONS, OR CHANGES REGARDING ANY INFORMATION PROVIDED FOR THESE SALES. SELLER, REPRESENTATIVES AND AUCTIONEER HAVE NO KNOWLEDGE OF THE SUBJECT PROPERTY OR ITS FIXTURES, CONDITION, ZONING, ENCUMBRANCES, LIENS, ENCROACHMENTS AND ARE NOT RESPONSIBLE FOR SUCH. BIDDERS ARE STRONGLY URGED TO RELY SOLELY UPON THEIR OWN INSPECTIONS AND OPINIONS IN PREPARING TO PURCHASE PROPERTY AND ARE EXPRESSLY ADVISED TO NOT RELY ON ANY REPRESENTATIONS MADE BY THE SELLER, REPRESENTATIVES OR THEIR AGENTS AND EMPLOYEES. PROPERTY INFORMATION MAY BE UPDATED AND CHANGE WITHOUT NOTICE AND POTENTIAL PURCHASERS SHOULD INVESTIGATE ALL DATA FULLY BEFORE RELYING UPON IT AND BID ACCORDING TO THEIR SOLE DISCRETION.

YOU ARE ENTERING A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY, FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE'S SELF OR ACTING AS AN AGENT. ANY BIDDER WHO FAILS TO COMPLETE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE SELLER AND AUCTIONEER AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS. BY PLACING A BID IN THIS AUCTION YOU ARE ENTERING INTO A LEGAL AND BINDING CONTRACT.

NEXSTEP LLC STRONGLY RECOMMENDS REVIEWING THE FULL TERMS AND CONDITIONS.

ANY AND ALL DISPUTES THAT REQUIRE LITIGATION SHALL BE ADMINISTERED AND SHALL BE ENFORCED AND BROUGHT IN THE STATE OF TENNESSEE, HAMILTON COUNTY, AND GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE. NEXSTEP, LLC RESERVES THE RIGHT TO SELECT THE VENUE FOR THE LITIGATION PROCEEDINGS, WHETHER BY ARBITRATION OR LITIGATION. NEXSTEP, LLC AUCTIONS RESERVES THE RIGHT TO RECEIVE COMPENSATION OF ANY AND ALL LEGAL FEES, COLLECTION FEES AND ANY OTHER CHARGES INCURRED BY NEXSTEP, LLC AS A RESULT OF ANY LEGAL ACTION

Auctioneer/Realtor

Paige Holt

TAL#6586 TNRL#358641 FIRM#261546
GAL#AU004533 GARL#418641