("TERMS & CONDITIONS" AS PROVIDED IN THE "BIDDERS PACKET")
ARISTOCRAT AUCTION LTD., WITH JOHN PETERS AS ITS AUCTIONEER, WILL CONDUCT THE SALE OF THIS PROPERTY IN EITHER A THE "PUBLIC" AUCTION FORMAT, ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS. OUR SELLER'S HAVE OPTED TO OFFER THIS PROPERTY IN THIS MANNER, WITH “SELLER CONFIRMATION” FIRMLY IN PLACE. JOHN PETERS, COLORADO LICENCED REAL ESTATE BROKER, WILL PREPARE, AND RECIEVE ALL REAL ESTATE RELATED PAPERWORK AND TRANSACTIONS RELATED TO THE SALE OF THIS PROPERTY. SEE ITEM #9, BELOW FOR FULL DISCLOSURE.
1. Announcements made at auction, or upon acceptance of “Buyer’s/Bidder’s Sealed Bid” deadline take precedence over printed material.
2. THE PROPERTY IS SOLD “AS IS, WHERE IS,” AND ALL SALES ARE FINAL. THE SUCCESSFUL BIDDER ACKNOWLEDGES THAT THE AUCTIONEER, BROKER AND SELLER HAVE MADE NO WARRANTY OR REPRESENTATION OF ANY TYPE AS TO THE PROPERTY AND THAT THE PROPERTY IS SOLD WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, AND SPECIFICATLY THERE IS NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Through all descriptions and commentary are believed to be correct. In NO event shall auctioneer, broker or seller be held responsible for having made or implied any warranty of description, genuineness, condition, etc. The property is open to thorough public inspection and making a bid is an acknowledgement that each bidder has had ample opportunity to, and has inspected the property.
3. Auctioneer reserves the right to withdraw any item before or during the auction.
4. Only registered bidder’s/buyer’s may bid on the property being sold. Any exceptions to this requirement shall be within the sole discretion of ARISTOCRAT AUCTION LLC. No allowances, adjustments or rescission of sale will be allowed based upon failure of the property to correspond to a particular need. The registered party will be responsible for any purchase made.
5. Bidder acknowledges that a 5% deposit will be required from the highest bidder at the auctions end, and upon contract acceptance. The 5% deposit will be calculated from the “final contract price.” Bidder acknowledges that a $5,000. cashier’s / certified check, personal/business check, or executed “promissory note” (to be fulfilled upon contract acceptance), payable to (themselves,) will be required in order to make a bid for said “auction.” In the case of a "Public Auction", these funds shall be placed in the hands of the Auction Company. It will then be the responsibility of the bidder to supplement these funds as necessary to make the 5% deposit, to be held by SAME AS ABOVE.
6. Bidder agrees to indemnify and hold harmless, ARISTOCRAT AUCTIONS LTD, AND SELLER AND THEIR AGENTS, from any damage, claim of liability from injuries or personal property caused by acts of the bidder and/or its agents in connection with this auction or the use of the property by the successful bidder. Neither ARISTOCRAT AUCTIONS LLC, nor Seller will be responsible for any damage arising out of the successful bidders purchase and use of the property, including direct, indirect, consequential or incidental damage.
7. DISCLAIMER TO ARISTOCRAT AUCTIONS LLC, AND JOHN PETERS COLORADO LICENCED REAL ESTATE BROKER. Purchaser shall look only to seller as to all matters regarding this agreement and the property. ARISTOCRAT AUCTIONS LLC, AND JOHN PETERS COLORADO LICENCED REAL ESTATE BROKER, shall not be responsible or liable in anyway if Seller (a) Fails, refuses or cannot close title hereunder, or (b) if the property is affected in any way is in need of attention or repairs or is in any way unsatisfactory to Purchaser, as Purchaser may determine before or after closing.
8. If the foregoing conditions and any other applicable conditions herein are not complied with, in addition to other remedies available to ARISTOCRAT AUCTIONS LLC, and JOHN PETERS COLORADO LICENCED REAL ESTATE BROKER, and the seller by law, including, without limitation, the right to hold the successful bidder liable for the bid price, and/or accepted contract price. ARISTOCRAT AUCTIONS LLC, and JOHN PETERS COLORADO LICENCED REAL ESTATE BROKER, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the successful bidder or (b) resell the property privately or publicly. In such event, the successful bidder shall be liable for payment of any deficiency plus all costs, including the holding costs of the property, the expense of both sales and ARISTOCRAT AUCTION LLC’S commission and incidental damages. In any action to enforce and/or recover damages to Paragraph 20, of the Colorado Real Estate Commission CONTRACT TO BUY AND SELL REAL ESTATE (CBS 1-7-04). ARISTOCRAT AUCTIONS LTD., shall be entitled to recover its attorney fee’s, expenses, and cost of suit incurred in such action.
9. John J. Peters d/b/a Aristocrat Services Ltd. and/or Aristocrat Estate Sales, Auctions, Liquidation & Appraisal Ltd., (“Aristocrat”) is not licensed to broker real estate. John J. Peters is licensed to broker real estate through a separate entity known as John Peters, Colorado Licensed Independent Real Estate Broker. The operations of Aristocrat are completely independent from John Peters, Licensed Independent Real Estate Broker. The companies neither control one another, nor own any interest in each other, nor share revenue. In the event you engage John J. Peters or John Peters, Licensed Independent Real Estate Broker, to broker a real estate transaction in connection with this estate, auction, liquidation or event, you understand and acknowledge that you must sign a separate agreement with such other entity, and that the foregoing agreement does not govern such transaction, and that Aristocrat will have no involvement, duties or obligations with regard to the brokering of that transaction.
10. Bidders signature below proves evidence of receiving, initialing and/or signing the following documents: “Seller’s Property Disclosure, Lead Base Paint Disclosure (if applicable), Square Footage Disclosure, Closing Instructions,” and the “Real Estate at Auction Terminology Statement,” provided, prior to, or in accordance with the bid process.
11. Undersigned bidder hereby releases ARISTOCRAT AUCTIONS LTD., and JOHN PETERS COLORADO LICENCED REAL ESTATE BROKER, and its successors and assigns from any and all actions, claims or suits therein in connection with this auction.
ARISTOCRAT
Auctions, Estate Sales, Liquidations and Appraisal, Ltd.
Divisions of Aristocrat Enterprises
1251 S. HURON ST. #C, DENVER, CO 80223
Direct 720.298.5101
www.AristocratServices.com
In Exclusive Cooperation with:
John Peters
Independent Licensed Colorado Real Estate Broker
720.298.5101
