Real Estate Auction Onsite Absolute Live House Auction 824 Crescent Drive, Heath, Ohio Sept 16th 12 pm Open House Sept 12th&14th 6-8pm 10% Buyers Premium (buyer broker must register with form in documents within 24hrs and sent to david@wyethauctions.com) Bidding Terms and Conditions of Real Estate Auction Thank you for participating in this Auction Event (the “Auction”). Outlined below are the Terms & Conditions of Sale. Please read them carefully. By placing a bid, you are acknowledging your acceptance of these Terms. Auctioneer: For the purposes of Terms of Sale, David L. Wyeth, (“Auctioneer”) is the auctioneer. David L. Wyeth is a licensed auctioneer and a real estate salesperson associated with CENTURY 21 Frank Frye Real Estate. Inspection: The property will be available for inspection by appointment if stated in the auction listing. If applicable, real estate brokers/salespersons may show by appointment following the registration of their prospective client with Auctioneer. Contact Auctioneer at david@wyethauctions.com for information. Registration: To obtain a buyer number for the real estate auction, the buyer must complete online registration with Auctioneer and agree, if the highest bidder, to tender a deposit of the higher of Ten Thousand Dollars ($10,000 .00) or _______% of the successful bid and execute an Auction Real Estate Purchase Contract for delivery to Auctioneer not later than the next business day following the conclusion of the auction. Be it understood that Auctioneer advises all potential buyers to seek legal counsel if for any reason they do not understand any part of the auctions TERMS and CONDITIONS. Agency: Auctioneer represents the Seller ONLY in this transaction as auctioneer. Other real estate salespersons associated with CENTURY 21 Frank Frye Real Estate may represent buyers and all registrants to the auction hereby consent to Dual Agency. Contracts: The successful bidder for the purchase of the real property shall sign and return all documents to Auctioneer on the next business day following the conclusion of the auction. Transmission may be by email to Auctioneer at david@wyethauctions.com. Sale offer is irrevocable for twenty-four (24) hours from receipt pending Seller signature. A copy of the Auction Real Estate Purchase Contract is available by contacting Auctioneer at david@wyethauctions.com. Deposits: A deposit of the higher amount of Ten Thousand Dollars ($10,000.00) or _______% of the successful bid will be collected from the high bidder by wire transfer to Seller’s preferred Title Agent or CENTURY 21 Frank Frye Real Estate not later than 5:00 p.m. eastern standard time on the business day following conclusion of the auction. Timing and End of Auction: The Auction will be a timed event and all bidding will close at a specified time. At Auctioneer’s discretion, Auctioneer may close bidding early or extend the Auction. The Auction may have an auto-extend feature. If the Auction features auto-extend, any bid placed within a specified time of the end of the Auction, Auctioneer may extend bidding for an additional amount of time specified by Auctioneer. Auctioneer may increase or decrease such extended time during the Auction until bidding is closed. Technical Provider and Technology Issues: In the sole discretion of Auctioneer, Auctioneer may use a third party to provider technical services to facilitate the Auction. In the event that there are issues related to any technology utilized during the Auction, Auctioneer may extend bidding, continue the bidding, or close the bidding. In no event shall Auctioneer be held responsible or liable for a missed bid, any failure of technology to function properly for any reason during the Auction, or for the actions of any third-party service provider engaged by Auctioneer to provide services for the Auction. Buyer’s Premium: A Buyer’s Premium of tenpercent ( 10 %) shall be added to the high bid at the close of bidding. The high bid plus buyer’s premium shall constitute the purchase price to be paid by the Buyer to the Seller. Closing: Closing shall occur not later than Oct 26th, 2023 through a Title Agent of Seller’s choosing. Seller shall pay taxes through the date of closing and transfer tax. All other closing costs shall be paid by through the Buyer’s Premium. At Closing, Buyer shall receive a limited warranty deed to the Property in transferable and recordable form. Possession: Buyer shall be entitled to possession at closing. Contingencies: None. Real Estate Brokers: Real estate brokers shall be paid a fee equal of (2%) of the successful high bid amount of, or for, their buyer client, provided that brokers register their buyers with Auctioneer prior to (a) any interaction between prospective bidder and Auctioneer and (b) the registration by prospective buyer for participation in the online auction. Broker registration information is available by contacting Auctioneer at david@wyethauctions.com. No fee shall be paid to a broker if their client buyer fails to close on the property sold at auction. All prospective buyers are notified that CENTURY 21 Frank Frye Real Estate may receive a referring commission. Condition of Sale: BUYER ACCEPTS THE PREMISES "AS-IS, WHERE IS", WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY SELLER INCLUDING ANY REPRESENTATIONS REGARDING ENVIRONMENTAL CONDITIONS AFFECTING THE PREMISES. THE WARRANTIES EXCLUDE, BUT ARE NOT NECESSARILY LIMITED TO, FREEDOM FROM STRUCTURAL DEFECTS, CONSTRUCTION IN A WORKMANLIKE MANNER AND FITNESS FOR HABITATION. No Warranties and Limitation of Liability: Auctioneer makes no representations or warranties with respect to any technical aspects of the Auction, including, but not limited to, the performance of any computer hardware or software, any other technology utilized during the Auction, or the services of any third party engaged by Auctioneer to provide technical services during the Auction. In no event shall Auctioneer be held responsible or liable for any delay or failure of technology during the Auction. Force Majeure. If Auctioneer is delayed or prevented from the performance of the Auction by reason of any act of God, act of nature, fire, act of government or state, acts of war or terrorism, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw material, energy or other supplies, labor stoppages or disputes of whatever nature, or any other reason beyond the control of the party, including, but not limited to any epidemic or outbreak of pandemic disease, performance of such act shall be excused. Jurisdiction: The respective rights and obligations of the parties with respect to the herein terms and conditions and the conduct of the Auction shall be governed and interpreted by the laws of the State of Ohio. By bidding at the Auction, whether present in person or by agent, by written bid, online or other means, the buyer shall be deemed to have consented to the jurisdiction of the Court of Common Pleas in LickingCounty, Ohio. Any controversy or claim arising from or relating to the any purchase contract or incidental document associated therewith, or breach thereof, shall be determined and settled by the County Court of Common Pleas in Licking County, Ohio. High Bidder Notification: At the conclusion of the auction winning, bidders will receive an email advising of their successful bid. Bidders will receive an email only and are responsible for checking your email account. BUYER BEWARE: By placing a bid, the bidder acknowledges that bidder has been provided an opportunity to conduct an inspection of the property and is entering into this agreement as the result of a thorough inspection, or waived opportunity to inspect the property being purchased, which is sold in an AS-IS, WHERE-IS condition with any and all faults. AUTHORITY TO BIND. If individual executing this agreement is not executing as an individual, the party signing this agreement hereby warrants that the party has authority to bind any business entity it is named as the bidder, or alternately has authority to execute in a fiduciary capacity if signing as trustee. The above-stated Terms & Conditions of Sale cannot be altered except in writing by Auctioneer. By registering to bid, you agree that you have read and understand the previous terms and conditions.