Terms and Conditions of the Auction

INTERNET TERMS (in addition to standard terms below):

1.         Registration. All bidders are required to register and provide suitable I.D. (photo copy acceptable) prior to the auction, all registrations will take place ONLINE. The Internet Bidding Packet (IBP) will be emailed via electronic link once bidder registers for the auction at NYSAuctions.com. A sample IBP can be found at the top of the auction web listing approximately 30 days prior to the auction. Auctioneer reserves the right to decline registration if I.D. produced is not sufficient. A copy of the bidder’s valid driver’s license or passport must be provided to the auctioneer. NO EXCEPTIONS.

2.         Bidder approval for internet. In order to bid online, you will need to complete the Internet Bidding Packet (IBP) that will be emailed to you via electronic link from DocuSign. A sample IBP can be found at the top of the auction web listing approximately 30 days prior to the auction. Completed documents must be received by auctioneer/broker no later than 4:00PM on Monday, August 22, 2022, to be approved to bid online for this auction. NO EXCEPTIONS.

3.         No Recourse. Internet bidding through our Provider is offered as a service to our customers, and bidders shall not hold Lewis County and/or Absolute Auctions & Realty, Inc., responsible for any failure due to the loss of the internet connection supplied to Absolute Auctions & Realty, Inc., by the Provider.

STANDARD TERMS:

1.     Purchaser shall be responsible for the payment of an eleven percent (11%) buyer’s premium (1% buyer’s premium discount for cash or guaranteed funds) in addition to the accepted purchase price, advertising fee of 1.5% of the bid price, and processing and closing fees/costs. Purchasers will be responsible for obtaining and paying the current year (2022-2023) school and village tax bills and any past due and present bills for water and sewer rents and assessments.

2.     20% or $1,000.00 of the total contract price (bid price + buyer’s premium), whichever is higher, shall be paid as a down payment on the day of the auction upon execution of a contract of sale. All required deposits must be paid in full for all successful bids immediately upon being declared the successful high bidder. Any successful bidder who fails to tender the deposit immediately upon being declared the high bidder will be forbidden to participate in this or any other auction. If a purchase fails to close on the parcels(s) that he/she bids on at the auction, he/she will be prohibited from participating at future auctions held for the County of Lewis. All deposits are to be made by cash, credit card (MasterCard^®, Discover^® Card, or VISA^®), money order, or cashier’s check (payable to “Lewis County Treasurer”). Personal OR BUSINESS checks will not be accepted. NO EXCEPTIONS. The Purchaser paying by credit card(s) agrees that they shall NOT attempt a charge back on their credit card(s) used in this/these transaction(s) for any reason whatsoever. In such event that a charge back is initiated by Purchaser and that such attempt is upheld in favor of Auctioneer/Lewis County, Purchaser agrees and authorizes to compensate Auctioneer with a $750.00 recovery fee as a new charge to their credit card(s) without requiring additional Purchaser signature(s). Failure to pay such recovery fee will result in collection action against said Purchaser(s). GUARANTEED FUNDS MUST BE RECEIVED AT AUCTIONEER’S OFFICE LOCATED AT 45 SOUTH AVENUE, PLEASANT VALLEY, NY 12569 NO LATER THAN FRIDAY, AUGUST 19, 2022 AT 4PM TO RECEIVE BUYER’S PREMIUM REDUCTION. NO EXCEPTIONS

3.     The entire balance of the purchase price plus the buyer’s premium and closing costs/fees shall be paid to the Lewis County Treasurer's Office within 30 days after the auction by cash, cashier's check, credit/debit card or money order. The Treasurer’s Office will accept Visa, MasterCard, or Discover. There is an additional 3.5% transaction fee to utilize a credit/debit card.

4.     All real property, including any buildings thereon, are sold “AS IS” and without any representation or warranty whatsoever as to the condition or title, and subject to 2022-2023 school and village taxes, past due and present water and sewer rents and assessments, as well as: (a) any state of facts an accurate survey or personal inspection of the premises would disclose; (b) applicable zoning/land use/building regulations; (c) federal and/or state taxes, liens, judgments and encumbrances of record; (d) easements, covenants, conditions and rights-of-way of record existing at the time of the levy of the tax, the non-payment of which resulted in the tax sale in which Lewis County acquired title.

5.     Conveyance shall be by quitclaim deed only, containing a description of the property as it appeared on the tax roll for the year upon which the County acquired title. The quitclaim deed shall contain the following provision: “Nothing contained in any description herein is intended to convey more than the assessed owner owned at the time of the levy of the tax, the non-payment of which resulted in the tax sale”.

6.     The deed will be recorded by the County upon payment in full of the purchase price, buyer’s premium and closing fees/costs. POSSESSION OF PROPERTY IS FORBIDDEN UNTIL THE DEED IS RECORDED WITH THE LEWIS COUNTY CLERK CONVEYING TITLE TO THE PURCHASER; TITLE VESTS AT THE RECORDING OF THE DEED. It is agreed between the County and the Purchaser that delivery and acceptance of the deed occurs upon recording of the deed. If the purchaser fails to pay the balance of the total contract price plus closing costs and fees as herein provided, the deposit shall be forfeited. The County reserves the right to bring an action for specific performance. “Time is of the essence.” If purchaser does not complete and return the transfer documents needed to file the deed, the purchaser forfeits their rights to the property and will not receive a refund.

7.     The quitclaim deed shall also state: “THE ABOVE-DESCRIBED PROPERTY IS HEREBY SOLD “AS IS – WHERE IS.”  NO REPRESENTATION OR WARRANTY OF ANY KIND IS MADE AS TO THE STATE OR CONDITION OF TITLE TO SAID PROPERTY. Furthermore, no officer, employee, or agent of the County is authorized to make any representation or warranty, express or implied, as to the state of title, physical condition, size, acreage, description or environmental status of this Property. This conveyance is delivered and received with the express condition that the County of Lewis shall in no event become liable for any defects in title arising from such sale, the proceedings leading thereto or for any cause whatsoever.”

8.     The closing costs/fees which the purchaser shall be required to pay shall consist of: (a) County Administration fee [$250.00]; (b) filing fee for the Real Property Transfer Report (RP-5217) [$125.00 if the property is classified as agricultural, a 1-3 family dwelling, an apartment, or a condominium; and $250.00 if the property is otherwise classified (vacant, commercial, entertainment, community service, industrial, public service, forest, etc.)]; (c) fee for Combined Gains Transfer Tax Affidavit [$5.00]; and (d) Lewis County Clerk Deed Recording Fee [$50.00]. Title vests at recording of deed.

9.     Purchaser shall provide information necessary to complete, and shall execute, the necessary forms and documents required for recording the deed in the County Clerk’s Office at the time of bidder registration. Auctioneer reserves the right to decline registration if identification is not sufficient. Incorporated entities (Inc., Corp., LLC, etc.) are required to provide AT REGISTRATION: 1) a copy of the state entity incorporation filing receipt, 2) EIN number, and 3) a corporate resolution duly embossed with incorporation seal authorizing the registrant to purchase real property for said entity.

10.   The Purchaser will immediately render the required deposit upon being declared the high bidder on each parcel.

11.  All sales shall be final, absolute and without recourse, and in no event shall Lewis County and/or Absolute Auctions & Realty, Inc., be or become liable for any defects in title for any cause whatsoever, and no claim, demand or suit of any nature shall exist in favor of the purchaser, its heirs, successors or assigns, against Lewis County and/or Absolute Auctions & Realty, Inc., arising from this sale.

12.   Notice is hereby given that the premises being sold may lie within an Agricultural District as designated upon the tax map. It is the sole responsibility of any bidder to ascertain which specific parcel(s) is so designated and there sold subject to the provisions of law applicable thereto.

13.   By acknowledging and executing these Terms & Conditions, the purchaser certifies that he/she is not representing the former owner(s) of the property against whom Lewis County foreclosed and has no intent to defraud Lewis County of the unpaid taxes, assessment, penalties, and charges which have been levied against the property. The purchaser agrees that neither he/she nor his/her assigns shall, within 24 months of the auction date, convey the property to the former owner(s) against whom Lewis County foreclosed. If such conveyance occurs, the purchaser understands that he/she may be found to have committed a fraud and/or intent to defraud and will be liable for any deficiency between the purchase price at the auction and such sums as may be owed to Lewis County as related to the foreclosure on the property and consents to immediate judgment by Lewis County for said amounts. In the event that a court order or judgment cancels a sale, pursuant to this policy, the successful bidder shall be entitled only to a refund of the purchase money paid without interest. Purchasers shall not be entitled to special or consequential damages nor attorney’s fees or reimbursement for any expenses incurred as a result of ownership or improvement of the property.

14.   Lewis County acquired title to these properties in accordance with Article 10 or Article 11, as the case may be, of the Real Property Tax Law of the State of New York, and all known rights of redemption under said provisions of law have been extinguished by the tax sale proceedings, and/or as a result of forfeiture.

15.   If a person owes any delinquent taxes to Lewis County, those delinquent taxes must be paid in full prior to registration at the auction. Failure to comply with this provision will be grounds for ineligibility to bid.

16.   Anyone involved in the assessment process in the County of Lewis is prohibited from bidding on County delinquent tax property. This includes, but is not limited to, Town Assessors, Town Board of Review members, Lewis County Treasurer, County Attorney, County Legislators, and County Real Property Tax Director.

17.   No personal property is included in the sale of any of the parcels owned by Lewis County. The disposition of any personal property located on any parcel sold shall be the sole responsibility of the successful purchaser following the closing of sale.

18.   All informational tools, such as slides, tax maps, deeds, photos, auction listings, auction catalogs, auction signs, property record cards, etc., are for identification purposes only and are neither a guarantee nor a warranty as to location, dimensions, parcel use and/or size, or anything else. NEITHER LEWIS COUNTY NOR ABSOLUTE AUCTIONS & REALTY, INC., OR THEIR RESPECTIVE AGENTS OR EMPLOYEES, ARE AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY EXPRESSED OR IMPLIED IN CONNECTION WITH THIS SALE. ANY SUCH RESPRESENTATION OR WARRANTY MADE IN VIOLATION OF THIS PROVISION SHALL BE VOID AND OF NO EFFECT.

19.   The auctioneer’s decision regarding any disputes is final, and the auctioneer reserves the right to reject any bid that is not an appreciable advancement over the preceding bid.

20.   Evictions, if necessary, are solely the responsibility of the successful bidder after closing and recording of the deed.

21.   The successful purchaser on each auction parcel must remove the auction sign within seven (7) days of the auction.

22.   The purchaser shall be solely responsible for the payment of all taxes levied against the property subsequent to the auction.

23.   The purchaser may not assign his/her right to complete the sale. ALL DEEDS SHALL BE EXECUTED SOLELY IN THE NAME OF THE BIDDER (AND SPOUSE, IF REQUESTED) AS REGISTERED AT THE AUCTION.

24.   The Enforcing Officer is hereby authorized to promulgate such other and further terms and conditions of sale/rules of auction as he/she may deem necessary and appropriate, provided that such terms and conditions of sale are duly posted and available to all registered bidders on or before the starting time of the auction.

25.   Bidder gives permission for Auctioneer and those acting pursuant to its authority to photograph, video tape, or use any other electronic method of recording my likeness and/or voice to be used at the Auctioneer’s discretion in auction-related publications and/or websites.