REAL ESTATE: Thoroughly read the auction information document and familiarize yourself with the properties offered and the auction terms and conditions. If you will require financing, please see a lender for pre-qualification. If you have questions about the terms, conditions or purchase agreement, contact our office and speak with one of the auction staff. Plan to inspect or drive-by each property in which you are interested. Establish a range of value for the property and bid within your limits. We do not recommend that you bid on a property that you have not seen. There is not an inspection period after the auction. The deposit listed in the terms is due upon being declared the winning bidder. The deposit is non-refundable. All information about the property has been provided by the seller or public records. All bidders must verify all information to their own satisfaction prior to bidding. Immediately upon completion of the auction, winning bidders will be required to execute an Auction Contract. Please be prepared to close the transaction within 30 days. Buying real estate at auction is simple and easy. Good luck in your bidding! Terms & Conditions For Sale of Real Property: Each property is offered under the specific terms and conditions provided in the property information package. Please read and review the terms & conditions thoroughly prior to bidding on any property. If you have not read and reviewed the Terms & Conditions of Real Property, Do Not Bid. Terms: At the close of the auction, successful bidders will be emailed a contract to be executed and returned to L.W. Benton Company, Inc.. Successful bidders will deposit an earnest money deposit as stated in the property information package for each property in the form of cashier’s check, personal or company check with bank letter or wire transfer with the onsite broker listed for the specific property. The entirety of the remaining balance is due at closing within 30 days from the sale date. Purchaser shall be responsible for all wire transfer fees. Contract Documents will be sent by e-mail to the successful bidder, who must execute and fax or email back to L.W. Benton Company, Inc. within 24 hours of the end of the auction. Successful bidders not executing and returning their contract with earnest money deposit within 48 hours of the conclusion of the auction will be considered in default. Auction Bid Default: In the event a winning bidder fails to submit the signed “Contract for Sale of Real Property” and the earnest money deposit as provided in the pre-stipulated Auction Terms, the winning bidder will be charged a penalty fee of $2,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by L.W. Benton Company, Inc. and the Seller as provided in the Auction Terms & Conditions and the “Contract for Sale of Real Property”. Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, L.W. Benton Company will reject the registration, and bidding activity will be terminated. A 10% buyer’s premium will be added to the bid price to determine the final contract price. Buyer's premium A 10% buyer's premium will be added to the bid to establish the contract price the successful bidder must pay. For example, a bid of $100,000 will be assessed a $10,000 buyer's premium, creating a contract price of $110,000. Closings: Time being of the essence, these sales shall be closed with 30 days of the sale date. The seller will pay for preparation of the deed of conveyance, and prorated taxes up to the date of closing. HOA fees and condominium assessments, if any, will be prorated up to the date of closing. Rents/Incomes will be prorated to the date of closingThe purchaser will pay all other closing costs associated with this sale . Broker Participation: A two and a half percent (2.5%) bid price commission is available to properly registered brokers. Please review the broker participation form for eligibility. Agency Disclosure: In all transactions, L.W. Benton Company, Inc. is acting as agent for the seller, not as buyer’s agent. This transaction is not contingent on the buyer obtaining financing or upon any other event except as specifically referred to in these terms and conditions. Multiple tract sales Individual purchases are to be considered as singular transactions not contingent on the sale of other properties or tracts. L.W. Benton Company, Inc. reserves the right to offer the property in individual tracts or lots, combinations of tracts or lots, as a whole or in anyway that we see fit in order for it to bring the most money for the seller. The sale of combinations supersedes the sale of individual tracts. The decision of the auctioneer is final. Seller and L.W. Benton Company, Inc. reserve the right to amend any terms or conditions prior to or during the auction. Release By its acceptance of the deed, buyer shall be deemed to release seller & L.W. Benton Company, Inc. from any and all claims and liabilities relating to any defect, deficiency of other matter concerning the property including, without limitation, the quality, condition, quantity, or use of the property. Sellers & L.W. Benton Company, Inc. give no warranties of any kind either expressed or implied, with respect to the condition, merchantability, use, size, configuration, design, or suitability of the property. Legal courses of action Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers & L.W. Benton Company, Inc., their employees, governing body, officers, owners, affiliates, subsidiaries,directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer's use of L.W. Benton Company, Inc.'s website and (III) a dispute with another bidder. Bid retraction By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the purchase offer. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. Disclaimer: All information contained herein is believed to be correct to the best of the L.W. Benton Company, Inc. knowledge. The information is being furnished to bidders for the bidder’s convenience and it is the responsibility of the bidder to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the recipient’s risk. Each bidder must conduct and rely solely upon their own investigation and inspection. The property is being sold “AS IS” with any and all faults. By Georgia Law, all properties are sold with reserve/subject to owner confirmation unless advertised Absolute. The Sellers and their agent (auctioneer) reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion, unless selling absolute. Furthermore, the auctioneer and L.W. Benton Company employees / agents may also bid personally on auction items. Please review all information supplied and seek appropriate assistance prior to bidding. Note: Under Title X, the purchaser of a single family residence built before 1978 has a maximum of 10 days to inspect the property for the presence of lead-based paint. All bidders must sign a waiver of the 10 day post sale inspection period. Any announcements made from the auction stand take precedence over all other prior announcements either announced, published, posted, verbal, or communicated in any form. GENERAL ESTATE ITEMS TERMS: By registering to bid on the internet, you acknowledge that you have read & understand the terms and conditions for each auction and/or auction item, and you agree to abide by all terms and conditions for each auction and/or auction item. PAYMENT: ONLY Visa, MasterCard, Discover, or American Express payments. A 15% Buyers Premium will apply to all purchases in this auction. Local Georgia Sales Tax will apply to each item. Dealers buying for resale may be exempt from paying sales tax if the dealer has a sales tax number and a signed tax exemption form with our main office, and if that sales tax number has been entered by the dealer in his or her profile before bidding. Any other specific payment arrangements would have to be approved by L. W. Benton Company, Inc. PRIOR to bidding. Payment will be automatically made using the card with which the buyer registers. Upon receipt of payment in full, the purchaser will receive a paid invoice by email which must be presented at time of pick-up. AUCTION BID DEFAULT: If the winning bidder's credit card information is on file with L.W. Benton Company, Inc., that card can be charged for the total purchase price plus one $30 late payment fee if payment is not otherwise made or arranged within 48 hours of the close of the auction. If no credit card information is on file or if the information is insufficient or outdated, a $30 late payment fee will be assessed for each day beyond the payment deadline for which payment is not made. If items are not timely removed as required above, a $10.00 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within seven (7) days after the auction, the item can be considered abandoned property, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. If any items have been moved from an on-site location after the posted pick-up times at the election of L.W. Benton Company, Inc., there will be an $80 hour moving charge to recover those items. If a representative agrees to meet a successful bidder outside normal pick-up times at any location, there will be a $50 convenience fee for that arrangement. The seller reserves the right to sell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. L.W. Benton Company, Inc. and/or the seller reserve the right to pursue all legal remedies. INSPECTION: Location, Date, and Time for inspections are posted in the Auction Catalog. Buyers understand they view property at their own risk and L. W. Benton Company, Inc., its representatives, nor the Seller or their representatives are responsible for accidents or damage to personal property during any inspection. CONDITION OF PROPERTY: Any and all information regarding the condition of property is derived from sources believed to be true and accurate, but none is guaranteed by the Seller or L. W. Benton Company, Inc.. It is the sole responsibility of the Bidder to verify any and all lot information (including condition) in person during the posted inspection times for this auction. DYNAMIC AUCTION CLOSING TIME: The lots in this auction will close in groups of 100 lots beginning at 9:00 PM, and with each addition group of 100 lots closing in 5 minute intervals. Please note that there is also a 5 minute auto-extend for each lot in all of our auctions. For example, if a lot in the auction is scheduled to close at 9:00 PM and someone places a bid at 8:59, the system will auto extend 5 minutes to give the previous bidders time to bid again. This will continue until there are no more bids in a 5 minute period related to that lot. BID RETRACTION: By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. Once a bid is placed, L. W. Benton Company, Inc. cannot remove the bid from the online bidding system. Please be sure of your bids before placing them in our system. PICK-UP OF ITEMS: At the completion of the auction, successful bidders will be emailed an invoice with pick-up instructions. In this auction, because the card with which you registered will automatically be charged, your invoice should be paid when you arrive for pickup unless there was a problem with your card. Winning bidders must make payment in full or approved payment arrangements within 48 hours after the close of the auction if there is a problem with the registered card. Sellers cannot accept payment. L. W. Benton Company, Inc. and/or Sellers are in no way responsible for pick-up, delivery, or assisting in loading out of property as this is the sole responsibility of the successful bidder. It is the successful bidder's responsibility to remove property within the posted pickup times for this auction. In the event that a Seller or representative of L. W. Benton Company, Inc. agrees to assist in the load out of purchased lots, Buyers understand that neither the Seller, L. W. Benton Company, Inc. nor its representatives are responsible for any damage to the Buyer's property of any kind. If items are not timely removed as required above, a $10.00 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within seven (7) days after the auction, the item can be considered abandoned property, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. If any items have been moved from an on-site location after the posted pick-up times, there will be an $80 hour moving charge to recover those items. If a representative agrees to meet a successful bidder outside normal pick-up times at any location, there will be a $50 convenience fee for that arrangement. GROUP / BULK LOTS: Bidder agrees that he / she will remove all items in any group or bulk lots won and not leave behind "unwanted" items. SHIPPING: IF BUYER MAKES ARRANGEMENTS WITHIN 24 HOURS OF AUCTION CLOSE, we will be glad to ship small items via USPS Priority Mail Flat Rate Padded Envelope ONLY at a cost of $5 per envelope plus the price of actual shipping including any insurance, which will be required on items totaling more than $50 in value. WARNING: If you do not contact us with your request for shipping within 24 hours of auction close, we will not ship, and you will forfeit your items without refund. ITEMS NOT REMOVED DURING POSTED PICK-UP TIMES: If arrangements have not been made to remove items by the end of the last posted pickup day after the auction closing time, they will be considered abandoned property, even if paid, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. Items will be resold to recover removal costs. Further, the seller and L. W. Benton Company, Inc. reserves the right to resell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. L. W. Benton Company, Inc. and/or the seller reserve the right to pursue all legal remedies. PENALTIES: Purchases not picked in accordance with the removal terms will be forfeit and resold to cover storage fees with no credit given to the original buyer. Buyers accounts will then be turned over to a collection agency for any delinquencies and storage fees yet unpaid. DOCUMENTATION FEE ON ITEMS REQUIRING TITLE OR DOCUMENT TRANSFERS: There will be a $100 document transfer fee added to all vehicle and equipment purchases that require a title or document transfer with the State. When signatures are required to transfer the title, it is the sole responsibility of the buyer to submit the necessary signatures and information for that transfer. L. W. Benton Company, Inc., nor the Seller, will be responsible for any late fees accrued for a title transfer as the result of negligence or untimely submission of paperwork by a Buyer. TITLE CANCELLATION: Buyers who purchase titled vehicles with the intent to scrap, salvage and/or dismantle said vehicles may qualify for a $40 document fee by signing a letter stating their intent to do so, thus granting L. W. Benton Company, Inc. permission to request that the State cancel the current title. Upon doing so, Buyers understand that there is no remedy to this request, and a title cannot be reapplied for once submitted to the state for cancellation. AGENCY DISCLOSURE: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents. DISCLAIMER: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” All information published, announced or contained herein was derived from sources believed to be true and accurate but is not guaranteed by the Seller or L.W. Benton Company. The Sellers and their agent (auctioneer) reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion, unless selling absolute. Furthermore, the auctioneer and L.W. Benton Company employees / agents may also bid personally on auction items. All property is being sold “as is, where is” with no guarantee or warranties. It is the Purchaser’s responsibility to conduct their own due diligence and make their own decision as to the accuracy of all information. LEGAL COURSES OF ACTION: Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers & L. W. Benton Company, Inc., its employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer's use of L. W. Benton Company, Inc.'s website and (III) a dispute with another bidder. Seller agrees to hold harmless the Auctioneers against any claims of the nature referred to in this contract. Venue for any controversy or claim arising from or relating to this agreement, or breach thereof, shall lie exclusively with the Magistrate or Superior Court of Jones County, Georgia. This agreement shall be interpreted in accordance with, and governed by, the laws of the State of Georgia. WARNING! - EXPLANATION OF CREDIT CARD FRAUD: In order to bid online, buyers must register and create an account at our website, www.bidderone.com. The credit card will be charged upon completion of the auction for any items won plus applicable buyer's premium and sales tax. If, when charged, it is determined that the card is not valid or does not have a sufficient balance to cover the charges, and the bidder or representatives of the bidder knowingly registered with this card, this constitutes "Credit Card Fraud" under Federal and Georgia state law, and L. W. Benton Company, Inc. reserves the right to press criminal charges for such fraud, including the swearing out of an arrest warrant in the county of the bidder's residence. In addition to any criminal charges, L. W. Benton Company, Inc. reserves the right to seek civil restitution. BIDDER VERIFICATION: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, L.W. Benton Company, Inc. may reject the registration, and bidding activity will be terminated. WITHDRAWAL OF ITEMS FROM THE AUCTION: L.W. Benton Company, Inc. and/or the Seller reserves the right to add or delete property, reject any bid and/or cancel the sale. Please call our office if you have any questions regarding this new policy. 478-744-0027. Quick Links Auctions User Links