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 4:00 PM on Tuesday, September 6, 2022. NO EXCEPTIONS.

3. INTERNET BIDDING through our Provider is offered as a service to our customers, and bidders shall not hold Orange 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. ALL SALES ARE FINAL.

2. Purchaser shall be responsible for the payment of an eleven percent (11%) buyer’s premium (1% buyer’s premium discount for down payment by bank check or money order) in addition to the accepted purchase price and the closing fees/costs. GUARANTEED FUNDS MUST BE RECEIVED AT AUCTIONEER’S OFFICE LOCATED AT 45 SOUTH AVENUE, PLEASANT VALLEY, NY 12569 NO LATER THAN FRIDAY, SEPTEMBER 2, 2022 AT 4PM TO RECEIVE BUYER’S PREMIUM REDUCTION. NO EXCEPTIONS.

3. The County of Orange makes no warranty or representation with respect to the condition, physical existence, location, acreage, existence of improvements or buildings, intended use of or accessibility to the property described.

4. This sale is subject to any state of facts an accurate, current survey, or personal inspection of the property or a current title report or abstract of title might disclose. The distances, dimensions and locations of the boundary lines of the premises herein are not guaranteed.

5. The premises will be conveyed subject to easements, rights-of-way, restrictions and conditions of record in favor of others affecting said premises and to such state of facts as would be discovered by a survey and inspection of the premises.

6. The general form of deed to be used is available for inspection prior to sale and is a QUIT CLAIM DEED. This deed shall contain the condition and covenant that the County of Orange shall in no event be or become liable for any defects in title so conveyed for any cause whatsoever, and no claim or demand of any nature shall ever be made against said County of Orange arising from such sale or proceedings leading thereto. The deed shall contain the tax map number description of the premises and not a metes and bounds description.

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

8. Conveyances are subject to Federal and State Tax Liens. It shall be the sole responsibility of a bidder to undertake the necessary research to establish which parcels, if any, are burdened with a Federal and/or State Tax Liens.

9. All conveyances are subject to bankruptcy proceedings if any. No search has been conducted to determine whether any parcel may be the subject of a bankruptcy proceeding. It shall be the sole responsibility of any bidder to undertake the necessary search to determine if any parcel is the subject of a bankruptcy proceeding.

10. It is the sole responsibility of the prospective buyer to contact local town offices for any zoning, building or planning restrictions. As stated in paragraph “3” above, the County of Orange makes no representation to intended use of the premises.

11. THE COUNTY OF ORANGE DOES NOT MAKE ANY REPRESENTATIONS THAT THE BUILDING OR OTHER ERECTIONS UPON THE PREMISES HEREIN, OR THEIR USE, COMPLY WITH FEDERAL, STATE AND MUNICIPAL LAWS, REGULATIONS AND ORDINANCES.

12. Certain premises offered for sale may be occupied by former owners or squatters without the consent or authorization of the County of Orange. No rent to these premises is being collected by the County of Orange. After delivery of the Quit Claim deed, the Purchaser assumes all responsibility for obtaining possession of the premises, including any necessary eviction proceedings. 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.

13. The Purchaser shall be responsible for the payment of 2023 COUNTY/TOWN taxes; 2022-2023 VILLAGE taxes which may be relieved on the 2023 County/Town bill; 2022-2023 SCHOOL taxes which may be relevied on the 2023 County/Town bill, and the 2022-2023 City School Tax with the exception of the Middletown, Newburgh and Port Jervis CITY school districts which are billed by the city school districts. BUYER HEREBY ACKNOWLEDGES THAT THE TAX BILLS TO THE PROPERTY MAY NOT ARRIVE AT HIS OR HER ADDRESS IMMEDIATELY AFTER TAKING TITLE, WHICH DOES NOT RELIEVE BUYER OF THE OBLIGATION TO PAY TAXES OR OTHER ASSESSMENTS ON THE PROPERTY. IT IS THE BUYER’S RESPONSIBILITY TO OBTAIN THESE BILLS AND PAY THEM.

14. All Purchasers shall be responsible for all County, Town and Special District taxes that become due and owing on the premises subsequent to the date of sale.

15. BIDDERS SHOULD BE AWARE THAT THERE IS THE POSSIBILITY OF LIENS EXISTING BY REASON OF THE NON-PAYMENT OF THE VILLAGE WATER OR SEWER RENTS, ASSESSMENTS AND OTHER MUNICIPAL CHARGES, INCLUDING ANY DEMOLITION CHARGES FOR UNSAFE BUILDINGS. THESE CHARGES ARE THE RESPONSIBILITY OF THE PURCHASER.

16. Orange County acquired title to these properties in accordance with Article 11, 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.

17. No representation is made as to riparian rights.

18. The sale is also subject to underground encroachments and easements, if any, including pipes and drains, and such rights as may exist for entry upon said premises to maintain and repair the same.

19. The sale is subject to rights, if any, in favor of any electric light or telephone company to maintain guide wires extending from sale premises to poles located on the roads on which said premises abut.

20. NO TITLE TO ANY PERSONAL PROPERTY SHALL BE CONVEYED. All parcels are sold “as is.” The County of Orange makes no representation regarding the removal of or title owner of any personal property and will in no way be liable or responsible for the removal of personal property or questions regarding title to the personal property.

21. THE COUNTY MAKES NO PROMISES OR STATEMENT OF FACT ABOUT ANY PARCEL WHICH IS BEING OFFERED FOR SALE. NO COUNTY EMPLOYEE OR AGENT HAS ANY AUTHORITY TO MAKE ANY PROMISES OR REPRESENTATION OF ANY NATURE CONCERNING ANY PARCEL.

22. All premises shall be sold separately or in groups at the discretion of the Orange County Commissioner of Finance. The Auctioneer/ Broker reserves the right to offer parcels individually, in combination, at high bidder’s choice or by multi-par bidding assuming the reserve amounts are met or exceeded for each property in the group. High-Bidder’s Choice: A method of bidding whereby the highest bidder may select one or more parcels being offered in a bidding round. If more than one parcel is selected by the high bidder, the bid amount will be multiplied by the number of lots chosen. Multi-Par Bidding: A method of bidding whereby parcels may be offered individually or in combination during one or more rounds of bidding.

23. Orange County reserves the right to reject any bid. Orange County may withdraw any parcel from the auction before the start of bidding without prior notice.

24. Orange County Reserves the right to reject any and/or all offers. Prior owners, immediate family members of prior owners or representatives of prior owners may bid assuming the bid amount exceeds the back taxes and all necessary auction and filing fees are paid at the auction and prior to closing.

25. In the event that a sale is cancelled by Court Order or judgment or by the Orange County Legislature, the successful bidder shall be entitled only to a refund of the purchase money. Purchaser shall not be entitled to special or consequential damages, nor attorney fees, nor reimbursement for any expenses incurred as a result of ownership or improvements of the property nor for taxes paid during the period of ownership.

26. The Purchaser shall be responsible for the payment of a buyer’s premium in addition to the accepted purchase price and the closing fees/costs.

27. At the time the premises are struck down, the successful bidder will be required to pay bank check or money order, made payable to the “Orange County Commissioner of Finance,” credit or debit card (MasterCard, Discover Card or Visa), $1,000.00 or 20% of the total contract price (total contract price is the combination of the high bid and the buyer’s premium), whichever is higher together with all closing costs. 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 Orange County Commissioner of Finance. 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/Orange 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).

28. The Purchaser shall pay all closing fees which shall consist of (a) filing Fee for the Real Property Transfer Report [$190.00 if the parcel classification code is 100-199, 200-299 or 411-C; $305.00 for all parcels otherwise classified]; and all other fees and surcharges required by the Orange County Clerk for recording of the deed.

29. 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. THE COUNTY, THE AUCTIONEER, AND THE BROKER MAKE NO WARRANTY EXPRESSED OR IMPLIED IN CONNECTION WITH THIS SALE.

30. All persons attending the auction shall be required to sign a copy of these Terms and Conditions of the Auction and by executing the Terms and Conditions of the Auction, they agree to the conditions contained therein, acknowledge that they understand them, and that these terms may not be enlarged, diminished or otherwise modified by any officer or employee of the County of Orange. All bidders are required to register and provide suitable personal identification prior to the auction. 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.

31. The balance of the purchase price shall be paid to the Orange County Commissioner of Finance at her office at 255 Main Street, 3^rd Floor, Goshen, NY 10924 between the hours of 9:00 A.M. and 4:00 P.M. on or before Tuesday, October 11, 2022. Payment (bank or teller’s check, or money order made payable to the Commissioner of Finance) can be mailed to the Commissioner of Finance Office at 255 Main Street, Goshen, NY 10924. Cash payments can be made in person at the Government Center. Purchasers mailing or dropping off their payments will be mailed a receipt. On receipt of the total purchase price, the Commissioner of Finance shall give a receipt for such payment. After completion of payment, Quit Claim deed shall be filed in the office of the Orange County Clerk.

32. The Purchaser executing the Terms of Sale may not assign or otherwise transfer his right to complete the bid. The deed prepared will be in the name of the successful bidder (and spouse) only, as was reflected in the bidder’s registration form. No third-party bidding will be accepted.

33. The identity of the parties at closing of this title should be established to the satisfaction of the County Attorney.

34. A Quit Claim deed will be issued to the Buyer with the description as advertised by Orange County and may not be assigned to another person.

35. Orange County shall not be obligated to send any further notice to the Purchaser. If the Purchaser fails to pay the total Tuesday, October 11, 2022, the down payment as provided in paragraph 28 shall be forfeited to the County of Orange as liquidated damages and the property may be re-sold as if no previous sale had occurred.

36. The Purchaser may not take possession or enter on the property until delivery of the deed for the property purchased.

37. Auctioneer reserves the right to bid on behalf of buyer and/or seller.

38. IF A PERSON OWES ANY DELINQUENT TAXES TO ORANGE 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.  

ATTENTION ORANGE COUNTY EMPLOYEES & ELECTED OFFICIALS: As per Orange County Ethics Law, people involved in the following departments are precluded from bidding at the Orange County Auction: a) County Executive’s Office, b) Law Department, c) Finance, d) Real Property Tax Services Agency, e) Legislature, f) Orange County Planning Department. If you are unsure that you are allowed to bid, a list of precluded county positions is available on NYSAuctions.com and at the registration table upon request.

 

I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF SALE.