Pending

Sample of form that must be signed prior to bidding

Sample of Sales Contract

TERMS OF SALE
Sale by live auction method

Real Estate to be Sold: 19220 SE Mack Dairy Road, Jupiter, Fl 33468

Auctions are open to the public. You do not need a real estate broker to bid. There is a 3% buyers premium added to the highest bid amount and added to the total purchase price.

GENERAL INFORMATION: The placement of a successful bid at this auction establishes a legally binding contract between the successful bidder and the Seller. The auctioneer’s announcement of the high bid amount and the bidder’s number establishes the contract, which is subject to final acceptance by the Seller. This contract is bound by these Terms and Conditions. The successful bidder is legally bound to pay for property awarded in accordance with his/her bid.
Doug Holladay Auctions, Inc., the Contractor, is acting as the Agent for the Seller, with respect to the sale of 22 acres M/L and any structures and improvements located at 19220 SE Mack Dairy Road, Jupiter, Fl 33468.

ELIGIBILITY OF BIDDERS: The Bidder warrants that he/she is not: (a) under 18 years of age; (b) an agent or immediate member of the household of the employee; (c) the Contractor, subcontractor or vendor or their agent who has access to in formation concerning the property to be sold to the public.

REGISTRATION OF BIDDERS: Persons wishing to participate in the bidding process of the sale are required to obtain, fill out, and deliver a bidder registration card during the registration process for this sale. In the event a person is bidding on behalf of another party, an original notarized Power of Attorney must be presented at the time of registration. Power of Attorney must include the buying party’s social security number. An individual’s signature on the bidder registration card, is an acknowledgment of his/her full and complete understanding of all Terms and Conditions and his/her agreement to be bound thereby. Therefore, bidders are cautioned to carefully read all applicable Terms and Conditions contained in this document and the sales flyer/brochure before signing the bidder registration card.

AS A PREREQUISITE OF REGISTRATION: Each registered bidder will be issued a bidder number upon completion of the registration process. Each bidder is solely responsible for the use of his/her bidder number and any use by another person is presumed to be with the consent of and contractually binding on the registered bidder. Bidders must present a photo ID and evidence of earnest money deposit in the amount of $10,000, in the form of cashier’s or certified check, made payable to: Richard W. Glenn Trust Account All funds will be returned immediately following the auction for unsuccessful bidders.

EARNEST MONEY DEPOSIT: Immediately after the bidding is completed, the high bidder will be required to make a $25,000 earnest money deposit in the form of approved check, cash, money order or cashier’s/certified check made payable to Richard W. Glenn Trust Account. A real estate contract will be executed at this time by the high bidder and the terms of the real estate contract supersede the Terms of Sale. The Winning bidder must be prepared in advance to deliver a total of $35,000 on the date of the auction to secure this property.

The high bidder shall deliver ten percent (10%) of the Purchase Price less the initial money deposit and earnest money deposit, whichever is greater, to: Richard W. Glenn Trust Account by cashier’s/certified check or by bank wire transfer, within three business days or no later than 4:00 p.m, on April 2nd, 2008. Should the high bidder fail to deliver the earnest money, Seller shall have all rights and remedies provided in the Terms of Sale, including the right to retain the initial money deposit and any other deposits or payments made by the high bidder as liquidated damages.

Escrow Wire Instructions:     Account Name: Richard W. Glenn Trust Account
                                                Routing number: 053100850 Account Number 7073005218
                                                Bank: RBC Centura
                                                14235 US Highway One
                                                Juno Beach, FL 33408

The successful bidder’s deposit(s) will be retained as the initial payment for the property. Personal or business checks, bank letters, or letters or credit will not be accepted. Cashier’s checks made payable to the bidder’s name and credit cards CANNOT be accepted.

BACK-UP BIDDER: The back-up bidder will have the first option to purchase the property in the event the high bidder neglects to fulfill his/her obligations. The back-up bidder’s earnest money deposit will be returned by certified mail or overnight delivery service within three (3) business days after receiving total earnest money deposit from the high bidder. In the event that earnest money is not received from the high bidder within the time period specified, the back-up bidder will become the high bidder at the Purchase Price stated in the back-up bid contract. The back-up bidder is obligated to transmit earnest money as stated above within three (3) business days of notification. The foregoing liquidated damages provision shall apply as well.

INSPECTION OF PROPERTY: The bidder is invited, urged, and cautioned to inspect the property prior to submitting a bid. Failure to inspect property shall not constitute cause for cancellation of sale. Property will be available for inspection at the times specified by the Contractor. Absolutely no access to property is allowed without prior Contractor authorization. At their own expense, potential bidders may have property inspectors examine the property by appointment.

ORAL STATEMENTS AND MODIFICATIONS: Changes may be made on the day of the sale to the property status or descriptions in the sales flyer/brochure. These changes take precedence over previous sales flyer/brochure information pertinent to that property, but do not alter in any way the basic Terms and Conditions of sale.

REAL PROPERTY DESCRIPTIONS: The bidder understands and agrees that the property is offered, purchased, and accepted by the buyer "AS IS, WHERE AS" and "WITH ALL FAULTS". Doug Holladay Auctions, Inc. and its agents make no warranties or guarantees whatsoever whether written, oral, or implied as to quality, condition or habitability.

All information contained in the sales flyer/brochure and any advertising was derived from sources believed to be correct, but there is no guarantee. Buyer acknowledges that he/she relied entirely on his/her own information, judgment, and inspection of the property.

If a legal misrepresentation is determined before the final closing on the property, Seller reserves the right to cancel the sale and refund any earnest/deposit money paid.

OFFERING OF PROPERTY FOR AUCTION AND SUBMISSION OF BIDS: Once the Auctioneer accepts a bid, a final written sales contract will be prepared to include the individual information of the high bidder along with the accepted bid amount. A contract may also be conditionally established with the recognized back-up bidder for execution if the high bidder defaults for any reason or is rejected by Seller.

In the event of a dispute as to final bid amount, the Auctioneer reserves the right to review the video and audio tape of the auction for clarification or to re-offer the property in question.

WRITTEN BIDS: Written bids may be submitted in person, by registered mail, or by overnight delivery service if the bidder is unable to attend the auction. The appropriate deposit by cashier’s/certified check only, must accompany your written bid.

Written bids for the property must be received no later than March 28th, 2008 at the following address. Doug Holladay Auctions, Inc., 9792 Quail Trail, Jupiter, FL 33478.
Unsuccessful written bidders’ deposits will be sent to the bidders by certified mail or overnight delivery service within five (5) business days after the sale.

PHONE BIDS: Phone bids are also accepted. The same conditions apply as with "Written Bids".

CONSIDERATION OF BIDS: The Auctioneer reserves the right to reject any or all bids, and to waive any technical defects in bids. Property is sold with a minimum reserve price. If the minimum reserve price is not achieved, the Auctioneer may withdraw the property at any time before the sales contract is executed.

FINANCING: The Buyer is responsible for obtaining his or her own financing arrangements as required. The Seller or Auctioneer does not provide financing for the purchase of any property offered under these Terms and Conditions. Bidders are strongly recommended to investigate and secure financing arrangements, if required, prior to attendance at this public offering.

Failure to obtain financing during the closing process does not relieve the buyer of his/her legal responsibility and obligation for completion of the contract. Failure to comply with all provisions of the sales contract regarding closing may result in termination of the contract because of buyer’s default and may result in the forfeiture of any earnest/deposit funds.

CLOSING: Closing will be held within thirty (30) calendar days of the auction, no later than Monday April 28th, 2008. Closing may be held sooner, with mutual agreement of Buyer and Seller. Only the Seller may, at its discretion, exceed closing beyond thirty (30) calendar days. Closing costs including, without limitation, transfer taxes, documentary stamps, recording fees and escrow fees will be paid by the Buyer and Seller in accordance with the customs of Martin County, Florida. Seller will provide a title insurance commitment at least 10 days prior to closing, to be issued by the closing agent selected by seller. The cost of title search, examination and the title commitment and title policy will be the Buyer’s expense at closing. The Seller selects attorney Richard W. Glenn, 11382 Prosperity Farms Road, Suite F-222, Palm Beach Gardens, FL 33410 (561-626-1011) to act as title, escrow, and closing agent

WARRANTY DEED: Clear Title will be conveyed free of Liens and encumbrances.

DEFAULTS: Failure to make required deposit or final payments and/or comply with the time frames specified in the sales flyer/brochure, shall be deemed default of the high bidder and may result in cancellation of the contract and forfeiture of any rights, title, and interest the Buyer may have acquired. In that case, title of the property will remain with the Seller and will result in the forfeiture of all deposits. Additional Terms & Conditions can be made the day of the auction.

BIDDER INFORMATION

Bidder Name(s): _______________________________________________________________
                         
Print

Address: _____________________________________________________________________

 City: _______________________________ State: _____________  Zip Code: _____________

Home Phone: ___________________________   Cell Phone: ___________________________

Email Address: ________________________________________________________________

Bidder Number: ____________

I have read and understand the Terms and Conditions for bidding, listed above.

 

Bidder Signature: __________________________________________ Date: ______________