Terms

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 ONCE YOU SUBMIT A BID, IT CANNOT BE WITHDRAWN OR RETRACTED.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

Auction Packet.

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

its discretion.

 

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.

24. These terms are subject in all respects to Our privacy policy which can be found at

https://danielg.kw.com/kw/privacypolicy 

 

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

Agreement.

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

applicable law.

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

courts.

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.