13.621 Acres - Reservoir Drive, Gainesville, GA (Hall County)

This auction will be an Online Only auction.All Properties Sold Subject to Sellers Approval.10% Buyers Premium on all Properties.10% Down Payment due within 48 hoursBuyer pays closing costs.Below is a snap shop of the terms for the sale. You can go to the terms and conditions section of this site to view the complete terms.Auction End Times & Extend All Feature:  Our Auctions are timed events with an auto extend feature. The auto extend time typically starts out at either 3 or 5 minutes and may decrease if the auction continues to extend past the scheduled closing time.  For example, if the auction is scheduled to begin closing at 2:00 PM and someone places a bid at 1:59, the system will auto extend, ALL PROPERTIES, 3 minutes to allow the previous bidders time to bid again. The auto extend feature remains active until no further bids are received within a 3 minute time frame.  ALL PROPERTIES IN THIS SALE EXTEND IF ANY ONE IS EXTENDED.  BUYERS FEE: A 10% Buyer Fee will be added to your final bid resulting in the final purchase price. Example: if the final bid on the property is $100,000.00, add the 10% buyers fee of $10,000.00 in this case, for a total purchase price of $110,000.00ALL PROPERTIES SOLD SUBJECT TO SELLER APPROVAL: Please note that all bids will have to be approved by the seller. Although some may be confirmed that day, others may take additional time to receive approval.CONTRACTS: Once all lots have closed, our office will begin preparing the Sales Purchase Contract to send to you for your signature. Please allow us 24 hours to get the contract sent to you. Once you receive the contract, we ask that you return it within 48 hours.DOWN PAYMENT: 10% Down Payment. Deposit Due within 48 hours with the balance due within 30 days.CLOSING COST: All cost incurred for the closing will be paid by the buyer.CLOSING AGENT: tbdSPECIAL NOTES:All properties are sold “As Is, Where Is” with no warranties expressed or implied as to current or future use of property.Failure of any bidder to inspect or to be fully informed as to the condition of the properties will not constitute grounds for any claim or demand for adjustment or withdrawal of any contract signed by the bidder.At the conclusion of bidding, the successful bidder will be emailed a Sale/Purchase contract and will be required to return a signed copy within 48 hours.No conditions may be added to the agreement by the buyer.All Properties may be subject to Pre-Auction offers and/or direct sale prior to Auction.Please note that you may need to refresh your screen during the last minutes of the auction to ensure the most accurate information.POSSESSION: Purchaser shall receive possession of the property at the time of closing. There will be no exceptions to this conditionTITLE INSURANCE: Title Exam & Insurance will be the buyer’s expenseTAXES: Taxes will be prorated to the day of closing (if applicable)TRANSFER TAX: Transfer tax to be paid by the buyer (if applicable)RENTS/INCOMES: Any Rents or Income will be prorated to the day of closing (if applicable)Survey: Properties will be sold by the existing plats of record recorded in the county where the property is located. If there is no plat of record or legal description and the property requires a survey, the cost of the survey will be at the buyer’s expense. Please do your own due diligence prior to bidding.Please Note: Descriptions, Acreage, Aerials & Pictures etc.. may be derived from tax assessors records on file. Please be sure to conduct your own due diligence to verify all information provided. Seller reserves the right to add or delete any properties at anytime prior to the close of the auction.Agent Disclosure: Members of sellers are licensed agents in the state of GeorgiaSERVER SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Breco Benton Auction reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor Breco Benton Auction SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to the email address provided in your registration with updated information as deemed necessary by Breco Benton Auction. If property is selling with reserve or subject to owner confirmation, L.W. Benton Company reserves the right to or have the system bid on behalf of the seller up to the reserve amount.TERMS: 10% of the final bid price as non refundable earnest money in the form of a certified check, cash or wire transfer within 48 hour of the close of auction, with the balance of purchase price due at closing. Purchaser shall be responsible for all wire transfer fees and any currency exchange fees to US dollars. Closing will be as specified in the Contract for Sale of Real Estate. This online only auction is a CASH SALE not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by bidders at registration prior to bidding and specified in the Contract for Sale of Real EstatePlease do you own due diligence before bidding. If you are unsure about what you are bidding on, Do Not Bid!TERMS: By registering to bid on the internet, you acknowledge that you have read & understand the terms and conditions for each auction and/or auction item, and you agree to abide by all terms and conditions for each auction and/or auction item.AUCTION BID DEFAULT: If the winning bidder's credit card information is on file with L.W. Benton Company, Inc., that card can be charged for the total purchase price plus one $30 late payment fee if payment is not otherwise made or arranged within 48 hours of the close of the auction. If no credit card information is on file or if the information is insufficient or outdated, a $30 late payment fee will be assessed for each day beyond the payment deadline for which payment is not made. If items are not timely removed as required above, a $10.00 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within seven (7) days after the auction, the item can be considered abandoned property, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. If any items have been moved from an on-site location after the posted pick-up times at the election of L.W. Benton Company, Inc., there will be an $80 hour moving charge to recover those items. If a representative agrees to meet a successful bidder outside normal pick-up times at any location, there will be a $50 convenience fee for that arrangement. The seller reserves the right to sell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. L.W. Benton Company, Inc. and/or the seller reserve the right to pursue all legal remedies.INSPECTION: Date and Time for inspections are posted in the Auction Catalog. Buyers understand they view property at their own risk and L. W. Benton Company, Inc., its representatives, nor the Seller or their representatives are responsible for accidents or damage to personal property during any inspection.CONDITION OF PROPERTY: Any and all information regarding the condition of property is derived from sources believed to be true and accurate, but none is guaranteed by the Seller or L. W. Benton Company, Inc.. It is the sole responsibility of the Bidder to verify any and all lot information (including condition) in person during the posted inspection times for this auction.BID RETRACTION: By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. Once a bid is placed, L. W. Benton Company, Inc. cannot remove the bid from the online bidding system. Please be sure of your bids before placing them in our system.AGENCY DISCLOSURE: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents.DISCLAIMER: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” All information published, announced or contained herein was derived from sources believed to be true and accurate but is not guaranteed by the Seller or L.W. Benton Company. The Sellers and their agent (auctioneer) reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion, unless selling absolute. Furthermore, the auctioneer and L.W. Benton Company employees / agents may also bid personally on auction items. All property is being sold “as is, where is” with no guarantee or warranties. It is the Purchaser’s responsibility to conduct their own due diligence and make their own decision as to the accuracy of all information.LEGAL COURSES OF ACTION: Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers & L. W. Benton Company, Inc., its employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer's use of L. W. Benton Company, Inc.'s website and (III) a dispute with another bidder.Seller agrees to hold harmless the Auctioneers against any claims of the nature referred to in this contract. Venue for any controversy or claim arising from or relating to this agreement, or breach thereof, shall lie exclusively with the Magistrate or Superior Court of Jones County, Georgia. This agreement shall be interpreted in accordance with, and governed by, the laws of the State of Georgia.WARNING! - EXPLANATION OF CREDIT CARD FRAUD: In order to bid online, buyers must register and create an account at our website, www.bidderone.com. The credit card will be charged upon completion of the auction for any items won plus applicable buyer's premium and sales tax. If, when charged, it is determined that the card is not valid or does not have a sufficient balance to cover the charges, and the bidder or representatives of the bidder knowingly registered with this card, this constitutes "Credit Card Fraud" under Federal and Georgia state law, and L. W. Benton Company, Inc. reserves the right to press criminal charges for such fraud, including the swearing out of an arrest warrant in the county of the bidder's residence. In addition to any criminal charges, L. W. Benton Company, Inc. reserves the right to seek civil restitution.BIDDER VERIFICATION: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, L.W. Benton Company, Inc. may reject the registration, and bidding activity will be terminated.WITHDRAWAL OF ITEMS FROM THE AUCTION: L.W. Benton Company, Inc. and/or the Seller reserves the right to add or delete property, reject any bid and/or cancel the sale.Please call our office if you have any questions regarding this policy at 478-744-0027.