At Absolutely Sold, we serve an array of clients including private sellers, financial institutions, real estate agents and brokerages, corporations, government agencies, and attorneys. Although we specialize in real estate, our services include:
We believe we are the most complete auction company in the southeast. We can assist our client with virtually any service in order to help facilitate a successful sale. We have learned that our clients are happy to find a one-stop company.
When you make the decision to sell, you need professional guidance and assistance to properly prepare your property, business, estate, etc. for auction. We do everything we can to maximize our clients return and minimize the time required to sell.
As we all face an ever changing economy along with a market adjustment, our clients’ need for a complete package becomes more prevalent.
Types of auctions
REGISTRATION
All bidding is open to the public; however, you must register and obtain a bid number in order to bid at the auction. The auction will be an open call auction. Although advance registration is not required, it is recommended so that you can be notified of any changes to the auction schedule. Call us or download form to register in advance.
BUYER'S PREMIUM
A buyer's premium will be added to the final bid price and included in the total contract price. All property to be sold in "As is, Where is" condition, with any and all faults and no implied warranties by seller or auctioneer. All information is derived from sources believed to be accurate but is not guaranteed. Buyers shall rely on their own information, judgment, and inspection of the property or item. The auctioneer represents the seller in this offering and the buyer acknowledges that payment of this premium does not constitute a dual agency relationship.
SEALED BIDS
Sealed bids may be made on certain properties prior to the scheduled auction date. Call 404-355-3834 for details or refer to the property information for any property you may be interested in.
DEPOSIT
The successful high bidder on each property will be immediately required to sign the Auction Agreement for Purchase and Sale and make the appropriate deposit. A deposit on the day of auction is required. Cashier’s check, money order, or cash will be accepted. The deposit is non-refundable once the agreement is signed. Each transaction requires a separate deposit.
CONTRACTS
Interested bidders are advised to review the Auction Purchase and Sale Agreement thoroughly, prior to undertaking due diligence review of any particular property. Sample Purchase Agreements are available by request.
CLOSING
The balance of purchase price is due at closing to the seller's appointed closing agent, within the contract period. Any additional costs, such as survey, title, insurance, and termite certificates, if required, and purchaser’s customary closing costs are to be paid by the purchaser at the time of closing. Taxes and rents will be pro-rated to Act of Sale date. Insurable title will be conveyed to the purchaser by cash sale without warranty.
AUCTION TERMS
Conduct at the auction and increments of bidding are at the direction of the auctioneer. The auctioneer reserves the right to accept absentee bids in advance and to place them during the course of bidding. In the event of a tie, the auctioneer will re-open the bidding between the tied bidders only. Properties not sold absolute will be sold subject to seller's confirmation within 72 hours or by contract date.
FINANCING
Purchasers are to obtain their own financing if required. Purchase Agreements are not contingent on financing or qualification. Absolutely Sold will provide a list of potential lenders upon request. See finance for additional information.
SELLING AGENTS
Absolutely Sold Auction Service is acting as agent for the seller in these transactions and is to be paid a commission by the seller. Absolutely Sold is not acting as agent for the purchaser.
ANNOUNCEMENTS
All announcements from the auction block will take precedence over all previously printed material and any other oral statements made. The Auction Agreement for the Purchase and Sale represents the final contracted terms.
In the event of a dispute over any matter at the auction, the auctioneer shall make the sole and final decision and will have the right either to accept or reject the final bid or re-open the bidding. The auctioneer and seller reserve the right to remove any person or party from the auction including, but not limited to, a registered bidder, broker, or guest.
WITHDRAWALS
The seller at its sole discretion reserves the right to withdraw any property or item from the auction at any time.
DEFAULT
If the purchaser fails to comply with any of these Terms & Conditions, the sale shall be canceled, and the seller may reserve the right to retain the earnest money deposit as liquidated damages. The property, at the auctioneer’s discretion, may be reoffered or resold.
SECURITY INTEREST
The auctioneer maintains a purchase money security interest in any item from time of successful bid until full payment has been made and any financial instrument given in payment has been successfully negotiated through a banking channel. Therefore, in addition to any other remedy, the auctioneer may recover the item from the bidder in any lawful manner if payment is not made or if check is dishonored.
RISK OF LOSS
The risk of theft, damage, or other loss of property is the buyer’s responsibility immediately on becoming the successful bidder. It is the bidder’s sole responsibility to protect property after that time. In the event the property is left at the auction site after conclusion of the auction, the auctioneer has no obligation to secure the property or item and only has obligation to grant access to the auction site for bidder’s removal of the item.
RISK OF INJURY
The bidder acknowledges that the auction site it a potentially dangerous place and shall be deemed to be there at his own risk. No person shall have any claim against the auctioneer, seller, Absolutely Sold Auction Services, its agents, employees, or principles for any injury sustained or damages to or loss of property which may occur from any cause whatsoever.
REPRESENTATIONS
Neither the seller nor auctioneer makes any representations or warranties of the accuracy or completeness of any information provided. Each prospective purchaser must conduct and rely solely upon his own investigation of the properties or items. Each bidder shall be deemed to represent, warrant, and agree that:
(a) Such bidder has examined the property or item on which he or she intends to bid, is familiar with the overall physical condition thereof, and has conducted his or her investigation of the property as such bidder has considered appropriate, or has waived investigation of the property or item. Bidders are invited to perform any inspections or Due Diligence at their expense and at their own risk prior to the auction. There is no inspection period after the auction bidding is completed.
(b) Neither the auctioneer nor sellers, nor any affiliate, agent, officer, employee or representative of any of the foregoing has made any verbal or written representations, warranties, promises or guarantees whatsoever to such bidder, expressed or implied, with respect to the condition, operation, value or any other matters or things affecting or related to the property or item or the offering of sale of this property or item.
(c) Such bidder has not relied upon any promises, representations, guarantees, warranties, or any statements made or any information provided concerning the property, including but not limited to the brochures or property information packages provided by the auctioneer or any advertising provided by the auctioneer or the sellers or their respective agents and representatives, and
(d) Has determined to make his/her bid after having made and relied solely on his/her own investigation, analysis, inspection, appraisal and/or evaluation of the property or item and any facts and circumstances related thereto.
(e) Buyer has received a 10 calendar-day opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead based hazards on residential properties built prior to 1978. Buyer has received the pamphlet "Protect Your Family from Lead in Your Home." Buyer has waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead based paint hazards.
Without limiting the generality of the foregoing, neither the auctioneer, agents nor sellers shall be under any obligation to disclose any information regarding any property or item to any bidder, and shall have no liability for its failure to disclose to any bidder, any and all information known to it relating to any property or it.
All bidders are bound by any announcements made at the auction which take precedence over all advertising, even though a bidder may not have actually heard the announcement.
We wish you success with your purchase.
