TERMS AND CONDITIONS
FOR BIDDING AT ON-LINE AUCTION
CONDUCTED BY TURNKEY AUCTIONS, LLC
(Brokered by Keller Williams Hometown Partners, LLC)
1. If you register to bid at this on-line auction being conducted by Turnkey Auctions, LLC (brokered
by Keller Williams Hometown Partners, LLC), you agree to be bound by these terms and
conditions as well as any additional terms found at the website of the on-line auction at which
you are bidding. These terms, together with any property specific terms found at the auction
website, are referred to as the “Terms” and you are referred to as “You”, “Your” or the “Bidder”.
Turnkey Auctions, LLC is referred to as “We”, “Us”, “Our” or the “Auctioneer”.
2. You may not modify the Terms by any conversation, email, text or other communication, unless
such communication is confirmed in writing by us as an amendment to these Terms.
3. Any property specific auction announcement takes precedence over these Terms. If there is a
conflict between these terms and any auction announcement for a specific property, the auction
announcement controls and is considered to be an amendment to these Terms.
4. ONCE YOU SUBMIT A BID, IT CANNOT BE WITHDRAWN OR RETRACTED.
5. The real estate that is being offered for sale at on-line auction is referred to as the “Property”.
6. Unless otherwise noted or announced with respect to a particular Property, all auctions are
conducted with reserve or subject to the confirmation of the seller.
7. The website listing for the Property contains a link to an auction packet. The auction packet
contains, among other things, a real estate purchase agreement for the Property (the “Purchase
Agreement”). The auction packet may be updated from time to time until the commencement
of the auction. A preliminary title insurance commitment for the Property will be included as
part of the auction packet no later than immediately prior to the commencement of the auction.
You should read all items contained in the auction packet at the commencement of the auction,
as You are bound by the contents and may not later object to anything found in the auction
packet. If You have a question about anything contained in the auction packet, You are
responsible for obtaining the answer or otherwise satisfying Yourself prior to the auction. If any
provision or the Purchase Agreement or the preliminary title commitment is unacceptable to
You, You should not bid on the Property as You will be unable to negotiate terms after the
auction is closed.
8. THE PROPERTY IS NOT BEING SOLD CONTINGENT ON FINANCING. If You are the winning or
successful bidder, You are bound to purchase the Property unless the seller cannot deliver
marketable title as described in the Purchase Agreement, or the auction is with reserve and the
seller does not accept the winning bid.
9. THE PROPERTY IS NOT BEING SOLD CONTINGENT ON ANY TYPE OF INSPECTION. If You desire
any physical inspection or other due diligence with respect to the Property, You must complete
this prior to the auction. If You desire to inspect the Property, You must make arrangements
with Us to conduct such inspection. If You or Your representatives desire access to the Property
for purposes of conducting a physical inspection, You may be required to sign a property access
agreement as a condition to such access. Should You elect to view or inspect the Property, You
assume all risk while on the Property and We have no liability for any injury or damage that may
occur to You, Your agents or guests while on the Property.
10. Except as may be specifically contained in any property disclosure contained in the Auction Packet,
neither We nor the seller makes any representation or warranty concerning the PROPERTY. The
Property is offered at public auction, AS IS-WHERE IS AND WITH ALL FAULTS. You acknowledge
that You have the opportunity, prior to the auction, to inspect and evaluate the Property. If You
elect to bid on the Property, You acknowledge that You will have performed all such inspections
and evaluations that You deem necessary. Without limiting the foregoing, no representation or
warranty is made concerning the condition of the Property, the suitability of the Property for any
particular use or purpose, the absence of lead paint at the Property, the Property’s compliance with
any laws or ordinances (including. without limitation, environmental laws, current building codes,
and zoning ordinances), or the lack or any encroachment affecting the Property.
11. If any representation or warranty concerning the Property is contained in the auction packet or
otherwise found to exist, such representation or warranty is between You and the seller. We
are not responsible for any representation made by the seller or otherwise found to exist.
12. The auction packet for a particular Property may be modified or updated from time to time,
including up to the commencement of the auction. You are responsible for monitoring the
website to determine if updated information has been provided.
13. The legal description for the Property is found in the Purchase Agreement contained in the
14. A BUYER’S PREMIUM OF THE GREATER OF (I) TEN PERCENT (10%) OF THE WINNING BID, OR (II)
OR $2,000, WILL BE ADDED to the winning bid and this sum is the purchase price for the
Property (the “Purchase Price”).
15. If You are the high bidder at the auction, You must immediately sign the Purchase Agreement,
and by 4:00 p.m. local time on the first business day after the auction, You must deliver the
earnest money in immediately available funds. The balance of the Purchase Price will be due in
immediately available funds at the closing date specified for the Property. The closing will occur
no later than 30 days following the auction date unless otherwise agreed to by You and the
seller. This is a firm closing date and YOU ARE NOT ENTITLED TO EXTEND THE CLOSING DATE
WITHOUT THE SELLER’S WRITTEN AGREEMENT, which may be given or withheld by the seller in
16. If You are the winning bidder, You have irrevocably agreed to purchase the Property for the
Purchase Price, subject only to Seller’s compliance with the Purchase Agreement. If, after being
the winning bidder, You fail or refuse to execute the Purchase Agreement, You are still bound to
purchase the Property. In such event, You agree that these Terms, together with the Purchase
Agreement which will be deemed attached to these Terms as an exhibit, constitute Your written
agreement to purchase the Property for the Purchase Price and is fully enforceable against You.
17. All bids are subject to acceptance by the Auctioneer. No bid is considered made by You until
accepted by the Auctioneer. The Auctioneer may refuse or reject any bid that is suspected to by
the Auctioneer to be fraudulent, which is not made in good faith, or which is made for any
purpose that the Auctioneer deems to be illegitimate.
18. The Auctioneer has the right to control the bidding process including setting the initial bid
amount and establishing the increments for subsequent bidding.
19. You represent that You have the legal authority to bid and are bidding on Your own behalf and
not on behalf of the seller. You agree that You will use Our online bidding system only for
proper purposes (that is, to submit legitimate bids with the legitimate intention of purchasing
the offered property) and not for any improper or malicious purpose that is designed to disrupt,
disable, overburden, delay, compromise or crash Our online bidding system, or limit any other
person’s access to Our online bidding system.
20. These Terms are binding on You and on Your representatives, successors, executors,
administrators, successors and assigns.
21. Neither the Auctioneer nor the company providing the software for Our online bidding platform
shall be held responsible for any missed bid, for the failure of the software to function properly,
for any interruption in Your on-line access to the bidding website, for any lack of compatibility
with Your software or hardware, for any delay in Your access to the system or for any other
disruption in or lack of Your access to the online bidding system.
22. If, after an auction has begun, We are aware of any lack of functionality in, or disruption in
access to, the online bidding platform, We reserve the right in Our sole discretion to extend the
scheduled ending time for the auction.
23. We allow broker or agent participation. However, in order to participate, Your broker or agent
must register with us in advance by returning to us a fully completed and executed agent
participation form no later than 24 hours prior to the scheduled closing time for the auction (as
described in more detail in Our agent participation packet). Your agent must contact us to
obtain the agent participation packet.
25. We are acting solely as the agent of the Seller. We are not acting as Your agent. In no event will
We be liable for damages, including without limitation, any incidental, consequential, special or
punitive damages arising out of or in connection with the auction, the Purchase Agreement, the
sale of the Property, any misrepresentation of the seller or any breach by seller of the Purchase
26. If any portion of these Terms is determined to be invalid or unenforceable, the validity or
enforceability of the remainder of the Terms will be unaffected. Each provision included in
these Terms is intended to be enforceable or binding only to the maximum extent permitted by
27. These Terms are governed by Kansas law, but without regard to Kansas rules governing conflict
of laws. In there is any dispute relating to these Terms, the auction of the Property, the
Purchase Agreement or any other matter relating to the offer or sale of the Property, exclusive
venue for litigation of any such dispute shall be in either the Sedgwick County District Court or
the United States District Court in Wichita, Kansas, and You submit to the jurisdiction of such
28. IF YOU ARE THE SUCCESSFUL OR WINNING BIDDER, BUT FAIL TO COMPLY WITH YOUR
OBLIGATIONS SET OUT IN THESE TERMS, YOU WILL BE IN BREACH OF THESE TERMS AND WILL
BE RESPONSIBLE FOR DAMAGES WHICH RESULT FROM YOUR BREACH.