Tuesday, October 24, 2023 at 10:00 am — Auction Site: 2075 Hwy 113, Taylorsville, GA 30178
Taylorsville, Bartow County, GA
Nichols Portable Buildings
Selling in tracts, combination of tracts, or as a whole
Equipment, Building, and More!
[Click Here for Catalog – To be Updated Closer to Auction Date]
Presenting an incredible investment opportunity! Dempsey Auction Company proudly presents the auction of “Nichols Portable Buildings.” Since 1980, Nichols Portable Buildings has been serving Georgia, Tennessee, and Alabama with top-quality portable buildings, wood and aluminum structures, gazebos, doghouses, garages, carports, and greenhouses.
This auction includes the entire company, along with its extensive inventory. Nestled on 8.14 acres of prime real estate, the property located at 2075 Hwy 113, Taylorsville, GA 30178 offers vast potential. Additionally, two adjacent lots for a combined total of 3.09 acres are available for consideration.
Noteworthy features of the property include five single-family residential rental houses and two apartments on the 8.14-acre parcel, providing additional income opportunities. The commercial zoning designation further enhances the versatility of this remarkable property.
Conveniently situated only an hour from Atlanta, an hour and 30 minutes from Chattanooga, and two hours from Birmingham, this location offers exceptional regional accessibility.
Discover the potential for lucrative returns as you acquire Nichols Portable Buildings and its expansive real estate holdings. Don’t miss this rare chance to invest in a well-established company with a rich history and a loyal customer base.
Contact us today to learn more about this exciting auction and secure your opportunity to participate in this outstanding investment prospect.
OPEN HOUSE: Dempsey Representatives will be onsite Monday, October 23 from 1-4 pm or by appointment.
BIDDING: The auction will be Simulcast with the opportunity to participate Live, in person, or Online, whichever is most convenient.
SALE SITE: The property will be SOLD onsite.
TERMS AND CONDITIONS: 10% Buyer’s Premium to be charged on all purchases.
- Real Estate—10% down with a balance due on or before 30 days from above date.
- Personal Property, Equipment, and Rolling Stock—All purchases shall be paid for in full on sale day by cash, credit/debit card (3.5% convenience fee) certified check, or personal/company check with bank letter guaranteeing payment to DEMPSEY AUCTION CO, for this specific auction. 7% sales tax will be charged and collected on the full purchase price unless the purchaser has a valid sales tax resale or exemption certificate and executes the appropriate form on sale day—NO EXCEPTIONS
[CLICK HERE FOR PERSONAL PROPERTY TERMS]
[CLICK HERE FOR REAL ESTATE TERMS]
CLOSING: Closing to be on or before 30 days from Sale Date.
BROKER PARTICIPATION: Dempsey Auction Co will pay any licensed Broker/Agent a referral commission for any registered client who successfully closes on the property. CONTACT OUR OFFICE FOR PRECISE DETAILS.
CHECKOUT: Removal may begin immediately following the sale’s conclusion until 5:00 pm and Wednesday, October 25th, 8:00 am-4:00 pm. Special Accommodations will be made for the larger items. Purchases MAY NOT be removed until Sales conclusion. YOU MUST HAVE A PAID RECEIPT TO REMOVE ITEMS – NO EXCEPTIONS!!
EXHIBIT “B”
RE TERMS AND CONDITIONS (Personal Property to Follow)
Taff Road Family Trust
Cartersville, Bartow County, GA
Tuesday, October 24th @ 10:00am
These “Terms and Conditions” supersede all other printed and oral statements and will be attached to and become a part of the Real Estate Sales Contract as Exhibit “B”, which will prevail over this document and any other agreement between the Buyer and Seller.
CONDITIONS OF SALE: Dempsey Auction Company (Auctioneer/Broker) has entered into a contract with the Taff Road Family Trust, Gary Wayne Nichols, Trustee (Seller), TO OFFER AT AUCTION, certain parcels of real estate located in Bartow County, GA.
All property, real and personal, is selling “AS IS, WHERE IS” and being conveyed by Seller as provided for below. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products (collectively Hazardous Materials), concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction, that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. For compliance with Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, interested purchasers have had ten a (10) day inspection period prior to the auction for assessment of possible lead-based paint hazards.
We require all bidders register and obtain a bid number in order to participate in the bidding process. All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during, or after the auction.
The Seller has the right, at their sole discretion; to add or withdraw all or any portion of the property before the auction on Tuesday, October 24th @ 10:00 AM. This property is Selling Subject to Owner Confirmation reserving the right to hold ALL offers open until Friday, October 27th @ 5:00 PM.
CONVEYANCE: All property will be conveyed by a Limited Warranty Deed with title insurance available at the Purchaser's expense.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Bartow County regulations, protective covenants, any existing rights of way, and all other matters now of record or shown on attached plat. All Personal Property and Equipment are reserved.
ONLINE PURCHASERS’ PAYMENT: At the close of the auction, successful bidders will be emailed the contract package to execute and return to Dempsey Auction Co. Successful bidders will deposit 10% of the Contract Price as earnest money in the form of cashier’s check or bank wire transfer with Dempsey Auction Co within 24 hours of receipt of the contract package. The entirety of the remaining balance is due at closing as stipulated in the “Terms and Conditions”. Purchaser shall be responsible for all wire transfer fees. Successful high bidders not executing and returning their contract with earnest money deposit within 24 hours of receipt will be considered in default and subject to an Administrative Fee (as defined below). All Administrative Fees are non-refundable.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Dempsey Auction Company is providing online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Dempsey Auction Company or anyone else if the internet service fails to work correctly. Dempsey Auction Company will not be responsible for any missed bids from any source.
DEFAULT: In the event a winning bidder fails to submit the signed “Sales Contract” and deposit earnest money as provided in the pre-stipulated Terms and Conditions, the winning bidder will be charged an administrative fee of $2,500 on the credit card provided at auction registration. Additional default remedies are reserved by Dempsey Auction Co and the Sellers as provided in the Terms and Conditions and the Sales Contract.
PAYMENT: A 10% Buyer’s Premium on Real Estate will be added to the Bid Price on all real estate today to arrive at the final purchase price. The purchaser will be required to sign the Real Estate Sales Contract and pay a non-refundable earnest money deposit equal to 10% of the final purchase price immediately following the Auction. This payment may be made with either a personal or company check. This deposit will be held in a non-interest-bearing escrow account under the control of Dempsey Auction Co. No disbursements will be made from this escrow account until closing or otherwise in accordance with this agreement. In the event the purchaser fails to close and pay his/her balance when due, the deposit may be retained by the Seller and Auctioneer as liquidated damages in addition to any other remedies available to the Seller and Auctioneer.
SURVEY: We are selling the property according to a registered boundary survey. Each tract has been surveyed by William A. Smith, a Georgia Registered Land Surveyor #1803 of Smith and Smith Surveying. A survey/staking fee of $2,500 for Tract #1, $1,000 for Tract #2 & $1,500 for Tract #3 will be due and collected today. The accuracy of the survey is the sole liability of the surveyor and the Purchaser, and the Purchaser does hereby release the Seller and Dempsey Auction Co from all liability in all matters concerning the survey.
CLOSING: Closing shall take place within 30 days of auction, in accordance with the Real Estate Sales Contract, or on a date mutually agreed upon by the Seller and Purchaser(s) in writing. The closing firm will be Ms. Carrie Trotter at Tilley Deems & Trotter, LLC in Cartersville. We encourage you to contact Ms. Allison Barden at the firm as soon as possible to discuss the closing – 770.382.6144.
CLOSING COSTS: The Seller will provide a Limited Warranty Deed and pay their prorated share of the 2023 property taxes at closing. If for some reason the Seller is unable to convey good and marketable title to the property, the Purchaser(s) Earnest money deposit will be returned.
All other costs including, but not limited to, Attorney’s Closing Fees, Recording and Handling Fees, Deed Transfer Taxes, Title Search, Title Insurance, Loan Origination Fees, etc., will be at the Purchaser’s expense.
POSSESSION: Purchaser(s) will be granted possession of real estate at closing, on or before November 23, 2023. These properties are selling Subject to the Rights of the Tenants at Will and any and all Existing Leases, where applicable. Rents to be prorated at Closing.
TAXES: The Real Estate property taxes will be prorated to the date of closing. If any additional taxes are assessed resulting from the change of use by the purchaser, they will be the responsibility of the purchaser.
AGENCY: The Auctioneer is acting as agent for the seller only in this transaction and is to be paid a fee pursuant to a separate written agreement between seller and the Auctioneer. The Auctioneer is not acting as an agent for the purchaser in this transaction. Any third-party broker is not a sub-agent of the Auctioneer.
BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms or conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. The Auctioneer makes no warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information.
METHOD of SALE: DAC reserves the right to offer the property any way we see fit to obtain the seller the most money.
Dempsey Auction Company is the “Agent of the Seller” and our fiduciary duties of loyalty and faithfulness are owed to the Seller.
NOTE: This auction is being recorded by audio in its entirety for legal purposes.
I have received, read, understand and agree to the information in these “Terms and Conditions” which will become a part of the sales contract and will hereafter be Exhibit “B”.
Personal Property TERMS AND CONDITIONS
Taff Road Family Trust
Tuesday, October 24, 2023
CONDITIONS OF SALE: Dempsey Auction has entered a contract with the Taff Road family Trust, Seller, TO OFFER AT AUCTION, Assorted Personalty as described by the attached list.
All personal property is selling “AS IS, WHERE IS” free and clear from all liens and judgments. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use, purpose or merchantability, concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction, that he/she has inspected the Property, have had the opportunity to inspect the Property and have declined, or have not inspected the Property at all, and in any event, are not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. No claim will be considered for allowance, adjustment, or rescission of any sale based upon the failure of the property to correspond to any particular standard of expectation.
We require all bidders register and obtain a bid number in order to participate in the bidding process. As far as possible, the auction will proceed in numerical sequence; however, it shall be at the Auctioneer's option to consolidate or break down lots or quantities offered and sell lots out of scheduled numerical sequence.
All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during, or after the auction. In the event of a tie bid, the Auctioneer shall have the right to reopen the bidding to determine the highest bidder between the tie bidders only.
The Seller has the right, at their sole discretion, to add or withdraw all or any portion of the property prior to auction on Tuesday, October 24th @ 10:00 am.
While quantities and descriptions are believed to be correct, neither the Auctioneer nor the Sellers make any guarantees and will not be held responsible for listings, or advertisement inaccuracies or discrepancies. Please inspect the merchandise, as no adjustment will be made for errors in descriptions or quantity estimates. Be sure you bid on the lots you wish to buy. We cannot correct any errors on your part.
Upon the award of bid, title and all risk of loss, damage to, or destruction of the purchased item, passes to the Purchaser, and the Auctioneer or Seller shall have no liability whatsoever for any damages to or destruction of any such lots. Dempsey Auction Company is not responsible for equipment left on premises upon completion of the auction. Buyers are advised to remove their purchases as soon as possible or obtain insurance for potential loss.
It shall be the prerogative of the Auctioneer, at his discretion, to have the right to call upon any bidder at any time during the auction sale to pay 25% bid deposit of his purchases during the auction sale.
The decision of the Auctioneer shall be final in all matters pertaining to property removal and/or extent of contents of lots sold, etc.
There will be a 10% BUYERS PREMIUM charged on all confirmed sales.
7% Sales tax must be paid on ALL purchases unless you hold a valid sales tax exemption certificate and execute a sales tax exemption form. If purchaser does not know their tax number and can not present their certificate, sales tax will be paid. The sales price consists of bid price plus Buyer’s Premium.
VEHICLE TITLES: All vehicle titles will be sent, by certified mail, within 10 business days from sale date. Sales tax WILL NOT be collected on vehicle purchases, it will be paid at the time of tag application.
PAYMENT: All purchases must be paid for in full at sales conclusion on sale day. Purchases must be paid for in cash; debit/credit card (3.5% convenience fee); certified check; approved personal or company check- Driver’s license will be required for ALL purchases paid by check or card. There will be a 10% BUYER’S PREMIUM charged on all confirmed sales. Sales price consists of bid price plus BUYER’S PREMIUM.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Dempsey Auction Company is providing online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Dempsey Auction Company or anyone else if the internet service fails to work correctly. Dempsey Auction Company will not be responsible for any missed bids from any source.
CHECKOUT: Removal begins at Auctions Conclusion until 5:00 pm and Wed. Oct. 25th, 8:00 am-4:00 pm UNLESS prior arrangements are made. YOU MUST HAVE A PAID RECEIPT TO REMOVE ITEMS – NO EXCEPTIONS!!
BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms or conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. Neither the Auctioneer nor the Seller makes any warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information.
RE TERMS AND CONDITIONS (Personal Property to Follow)
Taff Road Family Trust
Cartersville, Bartow County, GA
Tuesday, October 24th @ 10:00am
These “Terms and Conditions” supersede all other printed and oral statements and will be attached to and become a part of the Real Estate Sales Contract as Exhibit “B”, which will prevail over this document and any other agreement between the Buyer and Seller.
CONDITIONS OF SALE: Dempsey Auction Company (Auctioneer/Broker) has entered into a contract with the Taff Road Family Trust, Gary Wayne Nichols, Trustee (Seller), TO OFFER AT AUCTION, certain parcels of real estate located in Bartow County, GA.
All property, real and personal, is selling “AS IS, WHERE IS” and being conveyed by Seller as provided for below. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products (collectively Hazardous Materials), concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction, that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. For compliance with Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, interested purchasers have had ten a (10) day inspection period prior to the auction for assessment of possible lead-based paint hazards.
We require all bidders register and obtain a bid number in order to participate in the bidding process. All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during, or after the auction.
The Seller has the right, at their sole discretion; to add or withdraw all or any portion of the property before the auction on Tuesday, October 24th @ 10:00 AM. This property is Selling Subject to Owner Confirmation reserving the right to hold ALL offers open until Friday, October 27th @ 5:00 PM.
CONVEYANCE: All property will be conveyed by a Limited Warranty Deed with title insurance available at the Purchaser's expense.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Bartow County regulations, protective covenants, any existing rights of way, and all other matters now of record or shown on attached plat. All Personal Property and Equipment are reserved.
ONLINE PURCHASERS’ PAYMENT: At the close of the auction, successful bidders will be emailed the contract package to execute and return to Dempsey Auction Co. Successful bidders will deposit 10% of the Contract Price as earnest money in the form of cashier’s check or bank wire transfer with Dempsey Auction Co within 24 hours of receipt of the contract package. The entirety of the remaining balance is due at closing as stipulated in the “Terms and Conditions”. Purchaser shall be responsible for all wire transfer fees. Successful high bidders not executing and returning their contract with earnest money deposit within 24 hours of receipt will be considered in default and subject to an Administrative Fee (as defined below). All Administrative Fees are non-refundable.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Dempsey Auction Company is providing online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Dempsey Auction Company or anyone else if the internet service fails to work correctly. Dempsey Auction Company will not be responsible for any missed bids from any source.
DEFAULT: In the event a winning bidder fails to submit the signed “Sales Contract” and deposit earnest money as provided in the pre-stipulated Terms and Conditions, the winning bidder will be charged an administrative fee of $2,500 on the credit card provided at auction registration. Additional default remedies are reserved by Dempsey Auction Co and the Sellers as provided in the Terms and Conditions and the Sales Contract.
PAYMENT: A 10% Buyer’s Premium on Real Estate will be added to the Bid Price on all real estate today to arrive at the final purchase price. The purchaser will be required to sign the Real Estate Sales Contract and pay a non-refundable earnest money deposit equal to 10% of the final purchase price immediately following the Auction. This payment may be made with either a personal or company check. This deposit will be held in a non-interest-bearing escrow account under the control of Dempsey Auction Co. No disbursements will be made from this escrow account until closing or otherwise in accordance with this agreement. In the event the purchaser fails to close and pay his/her balance when due, the deposit may be retained by the Seller and Auctioneer as liquidated damages in addition to any other remedies available to the Seller and Auctioneer.
SURVEY: We are selling the property according to a registered boundary survey. Each tract has been surveyed by William A. Smith, a Georgia Registered Land Surveyor #1803 of Smith and Smith Surveying. A survey/staking fee of $2,500 for Tract #1, $1,000 for Tract #2 & $1,500 for Tract #3 will be due and collected today. The accuracy of the survey is the sole liability of the surveyor and the Purchaser, and the Purchaser does hereby release the Seller and Dempsey Auction Co from all liability in all matters concerning the survey.
CLOSING: Closing shall take place within 30 days of auction, in accordance with the Real Estate Sales Contract, or on a date mutually agreed upon by the Seller and Purchaser(s) in writing. The closing firm will be Ms. Carrie Trotter at Tilley Deems & Trotter, LLC in Cartersville. We encourage you to contact Ms. Allison Barden at the firm as soon as possible to discuss the closing – 770.382.6144.
CLOSING COSTS: The Seller will provide a Limited Warranty Deed and pay their prorated share of the 2023 property taxes at closing. If for some reason the Seller is unable to convey good and marketable title to the property, the Purchaser(s) Earnest money deposit will be returned.
All other costs including, but not limited to, Attorney’s Closing Fees, Recording and Handling Fees, Deed Transfer Taxes, Title Search, Title Insurance, Loan Origination Fees, etc., will be at the Purchaser’s expense.
POSSESSION: Purchaser(s) will be granted possession of real estate at closing, on or before November 23, 2023. These properties are selling Subject to the Rights of the Tenants at Will and any and all Existing Leases, where applicable. Rents to be prorated at Closing.
TAXES: The Real Estate property taxes will be prorated to the date of closing. If any additional taxes are assessed resulting from the change of use by the purchaser, they will be the responsibility of the purchaser.
AGENCY: The Auctioneer is acting as agent for the seller only in this transaction and is to be paid a fee pursuant to a separate written agreement between seller and the Auctioneer. The Auctioneer is not acting as an agent for the purchaser in this transaction. Any third-party broker is not a sub-agent of the Auctioneer.
BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms or conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. The Auctioneer makes no warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information.
METHOD of SALE: DAC reserves the right to offer the property any way we see fit to obtain the seller the most money.
Dempsey Auction Company is the “Agent of the Seller” and our fiduciary duties of loyalty and faithfulness are owed to the Seller.
NOTE: This auction is being recorded by audio in its entirety for legal purposes.
I have received, read, understand and agree to the information in these “Terms and Conditions” which will become a part of the sales contract and will hereafter be Exhibit “B”.
Personal Property TERMS AND CONDITIONS
Taff Road Family Trust
Tuesday, October 24, 2023
CONDITIONS OF SALE: Dempsey Auction has entered a contract with the Taff Road family Trust, Seller, TO OFFER AT AUCTION, Assorted Personalty as described by the attached list.
All personal property is selling “AS IS, WHERE IS” free and clear from all liens and judgments. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use, purpose or merchantability, concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction, that he/she has inspected the Property, have had the opportunity to inspect the Property and have declined, or have not inspected the Property at all, and in any event, are not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. No claim will be considered for allowance, adjustment, or rescission of any sale based upon the failure of the property to correspond to any particular standard of expectation.
We require all bidders register and obtain a bid number in order to participate in the bidding process. As far as possible, the auction will proceed in numerical sequence; however, it shall be at the Auctioneer's option to consolidate or break down lots or quantities offered and sell lots out of scheduled numerical sequence.
All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during, or after the auction. In the event of a tie bid, the Auctioneer shall have the right to reopen the bidding to determine the highest bidder between the tie bidders only.
The Seller has the right, at their sole discretion, to add or withdraw all or any portion of the property prior to auction on Tuesday, October 24th @ 10:00 am.
While quantities and descriptions are believed to be correct, neither the Auctioneer nor the Sellers make any guarantees and will not be held responsible for listings, or advertisement inaccuracies or discrepancies. Please inspect the merchandise, as no adjustment will be made for errors in descriptions or quantity estimates. Be sure you bid on the lots you wish to buy. We cannot correct any errors on your part.
Upon the award of bid, title and all risk of loss, damage to, or destruction of the purchased item, passes to the Purchaser, and the Auctioneer or Seller shall have no liability whatsoever for any damages to or destruction of any such lots. Dempsey Auction Company is not responsible for equipment left on premises upon completion of the auction. Buyers are advised to remove their purchases as soon as possible or obtain insurance for potential loss.
It shall be the prerogative of the Auctioneer, at his discretion, to have the right to call upon any bidder at any time during the auction sale to pay 25% bid deposit of his purchases during the auction sale.
The decision of the Auctioneer shall be final in all matters pertaining to property removal and/or extent of contents of lots sold, etc.
There will be a 10% BUYERS PREMIUM charged on all confirmed sales.
7% Sales tax must be paid on ALL purchases unless you hold a valid sales tax exemption certificate and execute a sales tax exemption form. If purchaser does not know their tax number and can not present their certificate, sales tax will be paid. The sales price consists of bid price plus Buyer’s Premium.
VEHICLE TITLES: All vehicle titles will be sent, by certified mail, within 10 business days from sale date. Sales tax WILL NOT be collected on vehicle purchases, it will be paid at the time of tag application.
PAYMENT: All purchases must be paid for in full at sales conclusion on sale day. Purchases must be paid for in cash; debit/credit card (3.5% convenience fee); certified check; approved personal or company check- Driver’s license will be required for ALL purchases paid by check or card. There will be a 10% BUYER’S PREMIUM charged on all confirmed sales. Sales price consists of bid price plus BUYER’S PREMIUM.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Dempsey Auction Company is providing online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Dempsey Auction Company or anyone else if the internet service fails to work correctly. Dempsey Auction Company will not be responsible for any missed bids from any source.
CHECKOUT: Removal begins at Auctions Conclusion until 5:00 pm and Wed. Oct. 25th, 8:00 am-4:00 pm UNLESS prior arrangements are made. YOU MUST HAVE A PAID RECEIPT TO REMOVE ITEMS – NO EXCEPTIONS!!
BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms or conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. Neither the Auctioneer nor the Seller makes any warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information.