MADISON COUNTY TERMS AND CONDITIONS OF ANNUAL ONLINE COUNTY LAND 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. Completed documents must be received by auctioneer/broker no later than 4:00PM on Monday, September 12, 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 Otsego 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.

PROCEDURES:

1.      Maps of the parcels will be available for viewing in the lobby of the Madison County Office Building, Wampsville, NY during regular business hours. Maps of the parcels will also be available by visiting http://www.NYSAuctions.com and click on the “Madison County Tax Foreclosure Real Estate Auction.”

2.      During the online auction, bidders must sign in to bid at NYSAuctions.com.

3.      All required bid deposits must be made with either the credit card, entered within the Internet Bidding Packet, or by bank check that was mailed to auctioneer prior to the auction opening for bidding. At the close of the online auction, immediately upon being declared the successful high bidder, auction personnel will create a “Contract of Sale and Receipt of Deposit,” a Real Property Transfer Form (RP-5217) and a Real Property Tax Return (TP-584) and charge the credit card or apply bank check for the required deposit amount. Bidders will be emailed these documents after the auction has closed for bidding.

STANDARD TERMS:

1.      Contract of Sale. The successful bidder will be sent a “Contract of Sale and Receipt of Deposit” at the end of the online auction. Note: Purchaser must provide social security number or federal tax identification number at the time of bidder registration. This information is required when recording documents are filed. The Real Property Transfer Report (RP-5217) requires the signature of the seller and buyer. You will be required to sign the RP-5217 and the TP-584 form via e-signature link at the close of the online auction.

2.      Buyer’s Premium. Purchaser shall be responsible for the payment of an eleven percent (11%) buyer’s premium (a 1% buyer’s premium discount will be given for cash or guaranteed funds.)

3.      Bid Deposit. If the successful bid plus the 10% or 11% buyer’s premium and 1.5% advertising fee totals under $500, the full amount of the bid, buyer’s premium, advertising fee and recording fees must be deposited immediately upon being declared the successful high bidder. Otherwise, a deposit of 25% equal to the sum of the bid plus the, 10% or 11% buyer’s premium is required.

4.      Type of Tender. Deposit can be either: cashier or teller check or credit card (MasterCard, Discover or VISA) for the required down payment. Credit card deposits are limited to the down payment requirements stipulated in paragraph #3 above. All instruments must be made payable to: MADISON COUNTY TREASURER. No third-party checks will be accepted. No exceptions.

5.      Full Payment of Bid. The balance of the successful bid, the 1.5% advertising fee, recording fees and the balance of the 10% or 11% buyer’s premium must be submitted to the Madison County Treasurer no later than 4 p.m. on Friday, September 23, 2022. NO EXCEPTIONS. MasterCard, Discover and VISA payments can be accepted for any balances due by the Madison County Treasurer, but there will be an additional 3% fee.

6.      Deed Description. The same description will be used in the tax deed issued as was used when title was conveyed to Madison County. The popular description listed in the auction notice has been obtained from the local assessor’s inventory file and is for ease of identification only, NOT for a deed description. Each parcel is defined by a section, block and lot number.

7.      Deed Recording. The Madison County Treasurer will record the deed. The deed will be issued as soon as possible after acceptance by the Madison County Board of Supervisors.

8.      Possession. The purchaser may not take possession of the premises until the deed has been recorded. Possession of the parcel may be subject to the occupancy of previous owner(s) and/or tenant(s). It shall be the sole responsibility of the purchaser to obtain possession.

9.      Prior owners: The Planning, Economic Development, Environmental & Intergovernmental Affairs Committee re- serves the right to reject any and all bids received from the prior owner, the prior owner’s spouse or children for each specific parcel.

10.  Deed Restriction. Madison County reserves the right to require that the deed issued will contain a restriction prohibiting the sale of the property sold at auction to the prior owner, the prior owner’s spouse or children for a period of five years.

11.  Who Can Bid? Anyone can bid except members of the Madison County Board of Supervisors, the Madison County Treasurer and any auctioneers and employees of Absolute Auctions & Realty Inc. Successful bids submitted by any public officer or employee of Madison County or any other municipal corporation in Madison County will be reviewed by the Planning, Economic Development, Environmental & Intergovernmental Affairs Committee for possible conflict of interest. Acceptance or rejection of the bid will be based on this review.

12.  Who Cannot Bid? Anyone who has bid and defaulted on completing and closing on any past Madison County Tax Auction property is hereby barred and prohibited from participating in this or any future Madison County municipal auctions. In such event when a previously defaulting party manages to register, bid and become the high-bidder, any and all such monies tendered as a deposit shall become immediately forfeit and that transaction shall be null and void as to the buyer whether acting alone or in concert with others. Any bidder that has delinquent taxes in the Madison County Treasurer’s Office at the time of the auction will not be allowed to bid.

13.  Taxes. The successful bidder will be responsible only for those town, county, village and school taxes levied on or after June 1, 2022 including interest, penalties and statutory fees due upon payment of the tax. There will be no other town, county village and/or school taxes due. As this sale coincides with the return of unpaid village and/or central school taxes, purchaser will have until November 30, 2022, to make payment of the unpaid 2022-23 village and/or school taxes along with interest and penalties at the Madison County Treasurer’s Office. All 2022-23 village and/or school taxes remaining unpaid on December 1, 2022, will be relieved on to (added to) the 2023 town and county tax bill. Purchaser will be responsible for any unpaid town, village water or sewer rents and fees or charges, whether customary or not, levied on a town or village tax bill.

14.  Default. Default by purchaser or failure to meet these rules, terms and conditions will result in forfeiture of the required deposit. NO EXCEPTIONS.

NOTICE TO BIDDERS

Madison County will sell the following property and premises and will convey “AS IS” subject to occupancy of former owner(s) and/or tenant(s), conditions, restrictions, zoning, actions of town and/or building inspectors, etc. affecting the said parcel of premises and to such facts as would be disclosed by a survey and inspection. The County of Madison makes no warranty or representation as to the condition, dimensions, location or physical existence of the property described herein, or to the marketability of its title, and the purchaser assumes all risk thereto. It shall be the responsibility of the purchaser to investigate all aspects of the status of the parcel and/or premises. Prior to sale, the purchaser or agent should have conducted any investigation he/she may deem necessary including, but not limited to:

1.      The status of the title and description of the property.

2.      The existence of any liens or encumbrances or easements affecting the property.

3.      The effect, if any, of all local laws, ordinances, Department of Environmental Conservation regulations and/or other legal restrictions or conditions which may affect the premises, including but not limited to, any of the following: zoning, presence of any possible toxic or harmful wastes, water, subdivision regulations, and any and all other matters pertaining to public health.

4.      Title X of the Housing and Community Development Act of 1992 – “Residential Lead-Based Hazard Reduction Act of 1992” Exempts Foreclosure Sales from the requirement of the Act and therefore Madison County makes no representation to the existence or nonexistence of Lead based paint in any homes in this sale.

5.      Under section 7425(d) of the Internal Revenue code the IRS has the right to redeem any property which is subject to a Federal Tax Lien within 120 days from the date of this sale. If the Internal Revenue Service chooses to act upon their right to redeem the successful bidder will receive back from the Internal Revenue Service their purchase price with interest. Any property being sold subject to a known Federal Tax Lien will be designated by the words “Federal Tax Lien.”

6.      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 sold subject to the provisions of law applicable thereto.

7.      Bidder acknowledges receipt of the pamphlet entitled “Protecting Your Family from Lead in Your Home.” Bidder also acknowledges that he/she has had the opportunity to conduct a risk assessment or inspection of the premises for the presence of lead-based pant, lead-based paint hazards, mold, asbestos or any other hazardous substances.

8.      All bidders are advised to personally inspect the premises and to examine title to the premises prior to the date of the auction EXCEPT those parcels that have been deleted from the auction listing.

9.      MADISON COUNTY, THE AUCTIONEER, AND THE BROKER MAKE NO WARRANTY EXPRESSED OR IMPLIED IN CONNECTION WITH THIS SALE, except that Madison County has complied with requirements of Article 11 of the Real Property Tax Law of the State of New York regarding the Tax Foreclosure proceeding. All known rights of redemption under said provisions of law have been extinguished by the tax foreclosure proceedings.

10.  Madison County reserves the right, in its sole discretion, to withdraw from the auction any of the properties listed on the schedule of real property, at any time. The County Treasurer or Deputy County Treasurer, has the sole discretion to make decisions concerning the conduct of the auction, prior to and during the auction, including, but not limited to the method of sale for each parcel or groups of parcels.

AT THE AUCTION

11.  All bidders are required to register and provide suitable personal identification, such as a driver’s license or passport, at registration. Auctioneer reserves the right to decline registration if identification is not sufficient. Individuals acting on behalf of others, not in attendance at the auction, must produce a “Power of Attorney” duly executed and notarized. 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.

12.  All bidders are required to use the bidder number issued to them for all purposes associated with the auction. A bidder may not bid on behalf of a party who is on the prohibited bidder list.

13.  All required deposits must be paid in full for all successful bids immediately upon being declared the successful bidder. Any successful bidder, who fails to tender the deposit, will be forbidden to participate in this auction. Any parcels which Madison County did not receive deposits for, as per these terms and conditions, will be considered defaulted, and the bidder will be disqualified from further bidding. Furthermore, upon a default in payment for any one parcel, either during the auction or subsequent thereto, the bidder shall not be permitted to purchase any other parcel(s) bid on, and any deposit monies paid thereon will be forfeited to Madison County.

14.  The successful bidder must provide information necessary to complete, and shall execute the necessary forms and documents required for recording the deed in the Madison County Clerk’s office. The bidder executing the auction terms and conditions of sale may not assign or otherwise transfer his right to complete the bid, unless the County agrees in writing. The deed prepared will be in the name of the successful bidder (and spouse) only. No third-party bidding will be accepted, unless the bidder identifies that he is bidding as an agent for a disclosed principal, or unless the bidder is a lawyer.

15.  At the auction, 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 proceeding bid.

16.  The successful bidder will be sent a “Contract of Sale and Receipt of Deposit” upon being declared the high bidder at the close of the auction. The approval of each bid by resolution by the Madison County Board of Supervisors will bind the bidder only and Madison County reserves the right to reject any bid prior to recording the deed.

17.  The successful bidder shall be responsible for the payment of an eleven percent (11%) buyer’s premium (1% buyer’s premium discount for cash or other guaranteed funds) in addition to the accepted purchase price, and advertising fee of 1.5% of the bid price, and the deed recording fees. The “buyer’s premium” is the fee/commission earned by the auctioneer. Accepted purchase price is the amount bid by the highest bidder, which will need to be approved by the Madison County Board of Supervisors.

18.  The former owner of the property, or his agent, shall not be deemed to be the successful bidder on the property or purchase of same at the public auction.

19.  $500 or 25% of the total contract price (total contract price is the combination of the high bid and the buyer’s premium as defined above in paragraph 17), whichever is higher, shall be paid as a down payment on the day of the auction upon execution of a “Contract of Sale and Receipt of Deposit.” Total contract prices selling for $500 or less must be paid in full at the auction, including, advertising fee, auctioneer fee, and deed recording fees. All deposits must be made in credit card (MasterCard, VISA or Discover), cash or guaranteed funds (bank check, tellers check/cashier’s check) payable to “Madison County Treasurer” and drawn on banks insured by the Federal Deposit Insurance Corporation (FDIC). NO EXCEPTIONS. Wire transfers will not be accepted. GUARANTEED FUNDS MUST BE RECEIVED AT AUCTIONEER’S OFFICE LOCATED AT 45 SOUTH AVENUE, PLEASANT VALLEY, NY 12569 NO LATER THAN FRIDAY, SEPTEMBER 9 AT 4PM TO RECEIVE BUYER’S PREMIUM REDUCTION. NO EXCEPTIONS.

20.  The Purchaser(s) paying by credit card(s) understands and agrees that all deposits collected by credit card(s) will be turned over to the Madison County Treasurer. The purchaser paying by credit card(s) agrees that they shall NOT at- tempt 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/Madison County, Purchaser agrees and authorized to compensate Auctioneer with $750 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).

AFTER THE AUCTION

21.  All bids are subject to approval by the Madison County Board of Supervisors through resolution. The Madison County Board of Supervisors shall have the right to reject any bid for any reason whatsoever.

22.  The entire balance of the accepted purchase price, the buyer’s premium, advertising fee and the deed recording fees must be paid in cash or guaranteed funds payable to the Madison County Treasurer and received by the Madison County Treasurer’s Office on or before September 23, 2022. The County is not required to send further notice to a purchaser. If the purchaser fails to pay the balance showing on the “Contract of Sale and Receipt of Deposit”, the deposit shall be forfeited and the purchaser will be banned from all future Madison County land auctions. 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.

23.  If the successful bidder fails to tender such amount due by the close of business on September 23, 2022, then the County may, but is not obligated, to offer any unsold property to the second highest bidder. All terms and conditions for the sale set forth herein above shall apply to the second highest bidder and/or any other purchaser.

24.  In the event that a sale is cancelled by court order or judgment, the successful bidder shall be entitled only to a refund of any deposit and recording fees paid. If the bid is rejected by the Madison County Board of Supervisors, any refund will be returned without interest. Purchasers agree that they shall not be entitled to special or consequential damages, attorney’s fees, reimbursement for any expenses incurred as a result of ownership, improvements made to the property or for taxes paid during the period of ownership.

25.  All sales shall be final, absolute and without recourse once title has been transferred and the deed has been recorded. In no event, shall Madison 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 assignees, arising from this sale and conveyance.

26.  Conveyance shall be by tax foreclosure deed only, containing a description of the property as it appeared on the tax roll for the year upon which Madison County acquired title or as corrected up to the date of the deed. The deed will be recorded by the Madison County Treasurer’s Office upon compliance with and payment in full pursuant to the terms and conditions of the “Contract of Sale and Receipt of Deposit” and upon approval of the bids by the Madison County Board of Supervisors. POSSESSION OF PROPERTY IS FORBIDDEN UNTIL THE DEED IS RECORDED IN THE MADISON COUNTY CLERK’S CONVEYING TITLE TO THE PURCHASER. TITLE VESTS UPON RECORDING OF THE DEED. It is agreed between Madison County and the purchaser that delivery and acceptance of the deed occurs upon recording of the deed.

27.  The successful purchaser on each auction parcel must remove the auction sign within seven (7) days after the recording of the deed.

28.  Evictions, if necessary, are solely the responsibility of the successful bidder. PLEASE NOTE: All bidders are advised that the properties are sold subject to the rights of tenants or persons otherwise occupying the properties, if any. Responsibility to evict any tenants or take similar action concerning occupancy of the premises is the sole responsibility of the bidder. Eviction proceedings are subject to NYS law including any Executive Orders of the Governor and Administrative Orders of the NYS court system.

29.  By acknowledging and executing these Terms & Conditions, the bidder certifies that he/she is not acting on behalf of the former owner(s) of the property against whom Madison County foreclosed and has no intent to defraud Madison 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 assignees shall convey the property to the former owner(s) against whom Madison County foreclosed within sixty (60) months subsequent to the date of the auction. If such conveyance occurs, the purchaser understands that he/she may be found to have committed fraud, and/or intent to defraud, and will be liable for any deficiency between the purchase price at auction and such sums as may be owed to Madison County and consents to immediate entry of a judgment by Madison County for said amounts (A copy of the within Terms & Conditions executed by the bidder/purchaser shall be attached to and warrant the filing of an Affidavit of Confession of Judgment.)

30.  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.