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Terms and Conditions for Online Auctions

Terms and Conditions - Real Estate

1. ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. UNTIL ACCEPTED BY THE AUCTIONEER, NO BIDS WILL BE CONFIRMED AND ARE SUBJECT TO FINAL ACCEPTANCE AND DISCRETION OF THE AUCTIONEER.

2. ALL BIDS ARE DEEMED PENDING SUBJECT TO APPROVAL AND ACCEPTANCE BY THE AUCTIONEER.

3. UPON ACCEPTANCE OF THE FINAL BID BY THE AUCTIONEER, ALL SALES SHALL BE DEEMED FINAL AND BINDING UPON THE BIDDER.

4. WHEN YOU ARE DECLARED THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE FULL AMOUNT OF YOUR BID PLUS ALL FEES, PREMIUMS, TAXES, CLOSING COSTS IN ACCORDANCE WITH WRITTEN AND ORAL TERMS AND CONDITIONS OF THE AUCTION.

5. YOU AGREE TOHOLD HARMLESS THE AUCTION COMPANY AND THE COMPANY PROVIDING THE SOFTWARE FOR TECHNICAL PROCESSES THAT MAY CAUSE THE SOFTWARE TO LOSE FUNCTIONALITY, MISS BIDS OR FAIL TO PLACE BIDS.

6. THE AUCTIONEER RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS WHICH, IN AUCTIONEER'S SOLE DISCRETION, JEOPARDIZE THE ADVANCEMENT OF THE AUCTION OR ARE DEEMED INJURIOUS TO THE AUCTION, INCLUDING, BUT NOT LIMITED TO SUSPICIOUS, NOMINAL OR SUSPECT BID ADVANCES.

7. IN THE EVENT A DISPUTE ARISES BETWEEN BIDDERS, THE AUCTIONEER SHALL HAVE SOLE DISCRETION TO DETERMINE THE SUCCESSFUL BIDDER, AND AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE FINAL.

8. YOU ACKNOWLEDGE AND AFFIRM THAT BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS ESTABLISHED BY EACH AUCTION COMPANY INDIVIDUALLY. YOU FURTHER AFFIRM THAT YOU HAVE READ AND AGREE TO ALL TERMS AND CONDITIONS SET FORTH FOR INDIVIDUAL AUCTIONS, AS WELL AS THESE TERMS AND CONDITIONS.

9. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOU HAVE THE LEGAL AND FINANCIAL CAPACITY TO BID AND THAT YOUR BID IS A LEGALLY BINDER OFFER TO PURCHASE THE PROPERTY BEING AUCTIONED.

10. IN REGARD TO BIDDING AND COMPLETION OF THE SALE TRANSACTION, TIME IS OF THE ESSENCE.

11. YOU AGREE THAT AS A DECLARED AND CONFIRMED PURCHASER, YOU AGREE TO PAY ANY ALL ATTORNEY'S FEES AND COURT COSTS INCURRED BY THE AUCTION COMPANY TO DEFEND ANY ACTION ARISING FROM YOUR FAILURE TO COMPLETE THE TRANSACTION, INCUDING ALL OBLIGATIONS HEREUNDER.

12. ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION OR YOUR PARTICIPATION IN THE AUCTION SHALL BE RESOLVED IN THE JURISDICTION OF PENSACOLA, ESCAMBIA COUNTY, FLORIDA.

13. THE LAWS OF THE STATE OF FLORIDA SHALL GOVERN THE INTERPRETATION AND RESOLUTION OF ANY AND ALL DISPUTES AND MATTERS RELATING TO THE AUCTION SALE.

14. BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP EXISTS BETWEEN BIDDER AND AUCTIONEER OF ANY NATURE, INCLUDING BY AGENCY, EMPLOY OR INDEPENDENT CONTRACTOR.

15. AUCTIONEER IS THE AGENT OF THE SELLER AND IS THE SELLING AGENT ONLY. ANY AND ALL ANNOUNCEMENTS MADE PRIOR TO OR DURING THE AUCTION TAKE PRECEDENCE OVER PRIOR PRINTED MATERIALS, STATEMENTS OR ADVERTISING.

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