Terms & Conditions for LASTBIDrealestate.com

This is a legal agreement between you, the user or buyer, and The SITE OWNER or Auction Co.
You must be at least 18 years old to bid.

LastBidRealEstate.com (hereinafter referred to as Auction Co.) at its sole discretion, may ban from further use any buyer or seller which Auction Co. believes to have in any way misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Auction Co. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

PAYMENT/NON REFUNDABLE DEPOSIT: Auction Co. RESERVES THE RIGHT to charge the credit card registered with your account 20% of your purchase or your total purchase amount immediately following the sale. A non-refundable deposit as specified in the Auction Terms will be due from the high bidder within 48 hours of the conclusion of the Auction.  In some instances, a deposit may be required prior to being approved to bid and will be specified in the Auction Terms.  Cash, cashiers checks, wire transfer, or personal or company checks are acceptable for the deposit.  The Balance will be due within the time frames specified in the Auction Terms, usually within 30 days. Note that additional fees may be added to the high bid as part of your complete purchase price. (Eg. Buyers premium, closing fees, title insurance, real estate taxes, recording fees, etc.)  Bidders should review the specific Auction Terms for details on what additional fees they may incur.   All payments must be in U.S. Funds. Auction Co. reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not otherwise paid by you within the Auction Terms.  We do not accept partial payments.  Purchases must be paid in full.

ALL PROPERTIES on the auction sell subject to the Seller’s acceptance or rejection of the high bid.

PERSONAL PROPERTY:  Unless specifically stated, no personal property shall be included in the sale of the Real Estate. 

REAL ESTATE TAXES:  The high bidder will be responsible for any future real estate taxes and, in some instances, past real estate  taxes as specified in the Auction Terms. 

UTILITIES:  Many properties sold via this website may have had utilities shut off.  The buyer shall be solely responsible for the re-connection of any desired utilities at their sole cost and obligation. 

NOTICE: BUYER’S PREMIUM: A buyer’s premium will be added to all purchases. This buyer’s premium varies, depending on the auction. The actual buyer’s premium in effect will be noted on the additional information page. You will see this additional information page when you click on the button to view the items that will be selling. You may also call us to find out the exact amount of the buyer’s premium for any auction. Visa, MasterCard & Discover and other credit cards are NOT accepted.

Failure to Complete Purchase. All purchases must be completed within the time frames specified in the Auction Terms.  Failure to complete a transaction within those terms will cause you to lose your deposit on the Real Estate.  In addition, all costs, responsibility, and liability for damages for failure to complete a purchase shall be borne by buyer. If for any reason buyers fail to complete their transaction within the time specified, the Auction Co. shall have the right but not the obligation, in its sole discretion, to resell said purchase at buyers sole risk and expense with the buyer being liable for any difference in price and any legal fees, without waiving any rights that Auction Co. or seller may have against buyer.

Seller Bidding: The SELLER, their agent, or the Auction Co. RESERVE THE RIGHT TO BID on the seller's item in order to protect their investment.

Terms: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. BUYER also agrees that any oral representation made by the auctioneer shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Co, or Seller for any errors or omissions.

Posted closing times and displays of Auction Co.'s current time are approximate. Auction Co. reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Eastern Time Zone. Dynamic bidding - The dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 10 minutes of bidding inactivity. Example - An item is bid on at 7:50pm. An auction is scheduled to close at 8:00pm. When this bid is placed the ending time will automatically extend to 8:10pm. When another bid is place at 8:01 the auction will extend until 8:20pm. This will give bidder 19 minutes to place another bid. If no bids are placed this auction will conclude at 8:20pm. The key to your dynamic bidding feature is that the auction extends from the preset closing time in 10 minute intervals, NOT 10 minutes from when you placed your bid.

Auction Co.'s Right to Terminate Purchase. If for any reason Auction Co. is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Auction Co. may terminate the purchase/agreement, in which case Auction Co.'s only liability shall be the return of any monies actually paid or deposited by buyer.

Consent to Suit in Michigan. In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Michigan. Buyer also agrees that venue shall be in Kent County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties’ transaction hereunder.   
The BUYER expressly agrees to indemnify and save the Auction Co., Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Auction Co., or anyone acting in his/her behalf in connection with or arising out of auction, except that the BUYER shall not be responsible to the Auction Co. for damages caused by or resulting from the Auction Co.'s sole negligence.
Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.

DISCLAIMER OF WARRANTY AND RELEASE
You expressly agree that use of this Web site is at your sole risk.  Neither the Auction Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
The Site may contain errors, omissions, inaccuracies, or outdated information.  Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site.  Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.  Provider may make any other changes to this Site at any time without notice.
Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.  PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

LIMITATION OF LIABILITIES
YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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