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­­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. Auctioneer reserves the right to decline registration if I.D. produced is not sufficient. Notarized original of bidder’s signature on a photocopy of bidder’s valid photo identification or passport must be provided to 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 August 12, 2024, 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 Sullivan 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 a eleven percent (11%) buyer’s premium for credit card and ten (10%) buyer’s premium for cash or guaranteed funds in addition to the accepted purchase price, advertising fee of 1.5% of the bid price and the closing fees/costs.
2. $1,000.00 or 20% 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 deposits are to be made by cash, credit card (VISA, MasterCard or Discover Card ONLY), money order or bank check (cashiers or tellers check), made payable to the “Plattsburgh City Chamberlain.”  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/City of Plattsburgh, 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)."
3. Upon being declared the high bidder on a parcel, Purchasers credit card will be charged the minimum required deposit.
4. If a declared high bidder at the auction fails to tender the required down payment, or fails to complete purchase after deposit is made, he/she will be prohibited from participating at future auctions held by Absolute Auctions & Realty, Inc. The City of Plattsburgh reserves the right to take legal action against this high bidder, should such a default occur.
5. At the time of bidder registration, the purchaser shall provide information necessary to complete, and shall execute, the necessary forms and documents required for recording the deed in the Clinton County Clerk’s Office. The 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.  Entities such as corporations, limited partnerships, limited liability companies, 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 the incorporation seal authorizing the registrant to purchase real property for said entity.
6. 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) REGISTERED AT THE AUCTION.
7. Sale of City Property. Any bid will be an irrevocable offer to purchase until accepted by the City Common Council when it will become a binding agreement to sell and purchase. If a bidder whose bid is accepted fails or refuses to complete the sale, the parcel may be sold to the next highest bidder for the bid amount plus buyer’s premium, fees and costs.
8. The owner of a parcel who was a defendant in the tax foreclosure proceeding may not purchase such parcel for less than the amount owed for taxes, interest and other costs owed to the City when the City acquired title.
9. The City of Plattsburgh will notify purchaser when all required documents necessary to complete the sale and transfer of any and all parcels purchased at the auction have been prepared. Within 30 days of such notification, the entire balance of the purchase price, plus the buyer’s premium and closing costs/fees shall be paid. Credit card payment is NOT acceptable for balance due. All payments must be made by cash, money order or bank check.
10. The City will convey the property by quit claim deed. The Purchaser’s payment of the full purchase price, buyer’s premium, closing and recording costs shall be deemed delivery and acceptance of the deed. The City will record the deed on behalf of the Purchaser. The Purchaser may not enter into possession of the property until the deed is recorded. The risk of loss from fire or other casualty shall remain with the City until the deed is recorded.  If the property is damaged or destroyed before the deed is recorded, the City shall have the option of terminating the purchase agreement and refunding to the Purchaser all monies paid, or repairing the damage within 60 days and closing on the sale of the property.  In the event of damage or destruction, The Purchaser shall have no other claim or remedy against the City.
11. The closing fees/costs which the purchaser shall be required to pay shall consist of: (1) Filing Fee for the Real Property Transfer Report [$125.00 if the parcels classification code is 100-199, 200-299 or 411-C; $250.00 for all parcels otherwise classified]; (2) filing fee for Combined Gains Tax-Transfer Tax Affidavit [$5.00]; (3) all other fees and surcharges required by the Clinton County Clerk for recording of the deed; (4) omitted city, county and school taxes as explained in paragraph 15.
12. All real property, including any buildings thereon, are sold “AS IS” and without any representation or warranty whatsoever as to physical condition of the land and buildings or title, and subject to: (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; (e) The property has not been inspected for compliance with the NYS Building Code or other city codes. The property may have multiple code violations that must be corrected before it can be occupied. Some properties (particularly older structures) may have lead base paint, asbestos and other conditions that violate environmental protection laws and which must be treated or removed in compliance with state and federal regulations. In some cases a property offered for sale may have been cleaned and disinfected prior to sale, however, bidders should not infer from such work that the property is fit for occupancy. Wetlands or boundary disputes; and (f) all outstanding school taxes, past due and present water and sewer rents, assessments, and any demolition or “cleanup” charges, without pro-ration whatsoever.
13. All purchasers are advised to personally inspect the premises and to examine title to premises prior to the date upon which the sale is scheduled to take place. Personal inspection must be coordinated through Absolute Auctions & Realty, Inc; entrance upon any parcel without an employee of Absolute Auctions & Realty, Inc. constitutes trespass pursuant to the laws of New York State.
14. No personal property is included in the sale of any of the parcels owned by the City of Plattsburgh. 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.
15. Evictions, if necessary, are solely the responsibility of the successful bidder after closing and recording of the deed.
16. The purchaser shall be solely responsible for the payment of all taxes levied against the property subsequent to transfer of title to the City of Plattsburgh.
17. A person or entity who owns any property in the City of Plattsburgh that is delinquent in the payment of real property taxes must pay all such taxes before closing on any parcel. If such taxes are not paid, any purchase deposit will be forfeited.
18. The Purchaser represents to the City of Plattsburgh and agrees: 1. He is not bidding as the agent for the person who owned the property and was a defendant in the foreclosure proceeding (“Former Owner”). 2. He has not made, and for 24 months from the auction date will not make, an agreement with the Former Owner to sell the parcel to such Former Owner. 3. If Purchaser purchases the parcel for less than the full amount of taxes owed, and sells such parcel to the Former Owner within 24 months of the auction date, the Purchaser agrees that he will pay the City the difference between the full amount of taxes owed and his bid amount, plus attorney’s fees and costs incurred in obtaining a judgment for such amount.
19. The property offered for sale is currently owned by the City of Plattsburgh and exempt from real property taxes. Under the Real Property Tax Law when exempt property is transferred to a non exempt purchaser the property becomes subject to a lien for real property taxes from the date of transfer through the end of the tax year of the taxing jurisdictions; such taxes are sometimes called “omitted taxes”. If the omitted taxes are not computed and paid at the time of transfer, the omitted taxes should appear on the next tax bill issued by the taxing jurisdiction. The properties will be subject to liens for 2022 omitted city and county taxes from the date of transfer through 12/31/2022. The properties will be subject to a lien for 2022-23 omitted school taxes if title transfers after 7/1/2022 and before 6/30/2023.
20. All sales shall be final, absolute and without recourse, and in no event shall the City of Plattsburgh and 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 the City of Plattsburgh and Absolute Auctions & Realty, Inc., arising from this sale.
21. In the event that a sale is cancelled by Court Order or judgment or by the City of Plattsburgh Common Council, 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.
22. 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.
23. Anyone deemed by the Auctioneer to be intentionally obstructing the business of the auction may be ordered removed by the Auctioneer.
24. All informational tools, such as slides, tax maps, 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 CITY AND ABSOLUTE AUCTIONS & REALTY, INC. MAKE NO WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THIS SALE.
25. The successful purchaser on each auction parcel must remove the auction sign within two (2) days of receipt of the deed to the parcel as provided for herein.