Terms & Conditions
For anyone planning on bidding on this or any live auction, timed online auction or live online auction are bound to the following terms & conditions and auction announcements from
Emma Creeks Real Estate & Auction LLC (ECRE)
New auction announcements or postings take precedence over any earlier information stated or printed. ECRE Terms and conditions supersede the rules and conditions that apply to online bidding platform and site.
Real Estate offered for sale on this or any auction is legally described in the contract for Purchase and Sale which ECRE will provide a copy for inspection.
ECRE offers NO CONTINGENCY on inspections/ investigations on Real Estate being offered. Bidder is 100% responsible for all inspections, fees and investigations relating to the property being auctioned prior to bidding on auction. ALL real estate is offered in the “as is, where is” condition and is accepted by the bidder without any expressed or implied warranties & representations from ECRE or the owner. This also applies to the real estates compliance with government authority, condition of the real estate including but not limited to roof, termite, survey, groundwater, flood designation and the presence of lead based paint, radon, asbestos, mold, electrical issues, plumbing, heating, air conditioning, sex offender registry information or any other issue. Real Estate is being auctioned “as is, where is”, period. Bidder must either perform all inspections prior to bidding or accepts the risk of not having done so. ECRE has done no investigations or inspections. Bidder alone is responsible for any investigations prior to bidding.
Bidding on ECRE online auctions is at the discretion of the bidder alone and bidder is responsible to monitor ECRE website for any updates or changes in the information available for the real estate on which is being bid on. Bidder understands the information might change or be updated during the auction period. It is the bidders responsibility to review the information or accepts the risk of not having done so.
Once a bid is submitted it cannot be retracted. ECRE is not responsible for any missed bids, in person or through website.
Real Estate is NOT contingent on financing.
Some auctions will be subject to a 10% buyers premium and others may be standard rates. Each auction will state which type it is in the description.
When bidder is successful bidder the bid constitutes an irrevocable offer to purchase offered real estate and is bound by the offer. Bidder must complete a Contract for Purchase and Sale and submit a nonrefundable earnest money deposit in the form of cash or a check or certified funds, in the amount set forth by ECRE, by 4pm (CST) of the next business day following the auction. With the balance of the purchase price due on day of closing as agreed on by ECRE & bidder.
If the bidder fails to comply with bidder obligations set out in these terms and conditions bidder will be in breach of these terms and conditions. ECRE will then attempt to resell the real estate to other potential buyers. Regardless if real estate is sold to another buyer the “winning bidder” will still be held liable to seller for damages.
If the bidder fails or refuses to complete the Contract for Purchase and Sale the bidder understands that these terms and conditions together with the Contract for Purchase and Sale completed by the seller are used together to complete the statue of frauds and will together constitute an enforceable agreement between bidder and seller.
Broker /Agent participation is welcomed. Bidder broker /agent must contact ECRE with clients name and information at least 24 hours prior to close of auction. % of participation will vary with each auction and will be displayed in private information on MLS.
ECRE is only an agent for the seller, not the bidder. ECRE is not liable to bidder for any event including sellers failure to execute or abide by Contract for Purchase and Sale. ECRE is not liable for any damage or injury at or on the real estate. Any person entering the property is responsible for their safety and that of anyone who accompanies them. Seller and ECRE are not responsible for dangerous conditions or defects on real estate. ECRE is not responsible for any loss or damaged property.
ECRE has the right to reject any bid for any reason and bidder by bidding warrants they are bidding on their own behalf are competent to bid and are not bidding on the behalf of seller or ECRE. ECRE states that Real Estate is offered to all persons without regard to race, color, religion, sex, handicap, family status or origin. These terms and conditions are binding on bidders & all bidders associates.
When signing up for bidding account all information must be filled out and completed. Bidder is responsible for proper information on online bidding account and must maintain the security of their account and be responsible for any bids. If a bidder believes their account has been compromised they must immediately contact Emma Creeks Real Estate & Auction LLC
Bidder uses bidding site at own risk. ECRE is not responsible for bidder error on bidding site. ECRE is not responsible for downed site, interruption, unavailability, delay or compatibility of bidders hardware or software.
All auctions will be “Proxy Bid” auctions with soft closes. Real Estate will be bid on until bidding ceases. There will be no exact time limit. At any time ECRE may extend, pause or suspend auction for any reason.
These Terms and Conditions are designed for the protection of the Seller and ECRE. With the discretion of the seller and ECRE some exceptions to the Terms and Conditions can be made.
In the event that redress to a court of law is necessary to resolve any dispute between the bidder, seller or ECRE concerning these Terms and Conditions then proceedings will be governed and construed in accordance with the laws of Kansas but without regard to Kansas rules governing conflict of laws. Proceedings for dispute will then be initiated in District Court of Sedgwick County Kansas or the United States District Court in Wichita Kansas. Bidder submits and accepts jurisdiction of these courts.