Information regarding Bidding and Auction Participation

BillyLand.com > Land for Sale > Auction Terms

Information regarding Bidding and Participating in our Auctions
All buyers must agree to our Terms of Sale!

Unless otherwise stated in an Auction's Details, all Auctions offer the sale of Land via the 'Bid plus Finance' Auction Format, commonly referred to as a 'Bid and Assume' Auction. In this instance the Seller is allowing the Winning Bidder to finance the balance of the property:

The Winning Bid amount shall be deducted (as a down payment) from the amount to be financed. The Winning Bidder shall be responsible for payment of the Winning Bid amount and the Financing Terms and Fees as described within the Auction description. There is no buyers premium attached to any auction.

The Winning Bidder shall pay the Winning Bid amount IN FULL within 2 business days of the close of the auction, and within 10 business days of the close of the Auction have returned the signed Purchase Agreement along with the Processing Fee.

Any Winning Bidder that fails to remit payment will be blocked from any future auctions until such fees are paid.

The Winning Bidder is also responsible to remit monthly installments based on the new financing, terms, interest rate, and fees as described within the Auction description.

The Winning Bidder has the option to pay off the new financing in full at any time, without penalty. In fact, a discount may be available in this instance. We recommend you inquire as to the availability and amount of this discount prior to making your Bid.

An Auction may have a 'minimum bid' or 'reserve', meaning the Seller may have established an unpublished minimum bid price. The starting bid is not necessarily the minimum bid or reserve.
In order to win the auction, a bidder must meet or exceed the minimum bid price and have the highest bid.
In some instances the Auctioneer may place bids on behalf of the Seller to meet the minimum bid or reserve amount.
If no bidders meet the minimum bid price, the Seller is under no obligation to sell the property.

The Seller may withdraw any Auction at any time without notice.

RULES REGARDING MULTIPLE HIGH BIDS AND MULTIPLE PURCHASES
A Bidder is allowed to be the current High Bidder in a maximum of 1 Auction in any 10 day period. Established customers can request to have this limit increased.
A Bidder may not purchase more than 1 parcel until payment has been made on the initial purchase. We reserve the right, at any time, to limit the number of bids and purchases made by any Bidder.

THE FOLLOWING INFORMATION IS FOR THE WINNING BIDDER:
Within 2 business days of our receipt of your Down Payment and the required initial purchase information we will send to you a 'Purchaser's Package'.

This Purchaser's Package consists of the following:

-A Purchaser's Profile form.
-Purchase Agreement Finance Options if applicable, as described in the listing details, ie: a '12-Year Plan' or a '20-Year Plan'.
-A Prepaid FedEx Shipping Envelope.

The Purchaser's Profile form may appear similar to an Application for Credit, but it is not, as we do not check your credit or your references. We are not concerned with your past credit history. The Purchaser's Profile form provides us with important alternative contact information to be used in the event that we are unable to contact you as usual.

The 12-Year and 20-Year Purchase Agreements are the two most common plans that our customers make use of. Feel free to select from the available plans the one that best suits your needs. Additionally you may indicate your preferred Payment Due Date.

Once you have filled out the Purchaser's Profile and Purchase Agreement, place them into the prepaid FedEx shipping envelope along with any other Payment that may be due based on your individual situation.
Take the envelope to a FedEx drop-off location, or call FedEx directly at 1.800.GoFedEx (1.800.463.3339). FedEx will deliver express mailings to us with two business days.
As time is of the essence, please return the Purchaser's Package to us within 48 hours of your receiving it.

Once our Office receives your completed Purchaser's Package your purchase will be processed and we will send to you a signed Purchase Acknowledgement, a receipt for your down payment, and a Self-Adressed Return Envelope for you to use for your first Payment.

-MAKING PAYMENTS--
When mailing your Payment, detach the small voucher from the end of the receipt from your previous Payment and write in the amount you're paying and include it with your check in the Self-Addressed return envelope. Affix the neccesary postage and mail it off! We recommend mailing your Payment a week before it is due so that it will reach us in a timely manner.

Your Payment will be posted once our Office receives it, and on the following Friday we will mail to you a receipt and another Self-Addressed Return Envelope for you to use with your next Payment.

Please contact us if you don't receive your receipt and Self-Addressed Return Envelope within 2 weeks of mailing your payment.

PLEASE NOTE: A $6.00 Payment Processing Fee is required on each installment of Payment-Plan purchases. This fee is represented on the itemized voucher stub of your receipt.

PLEASE NOTE: We do not send to you a Monthly Statement! We send only a receipt with itemized voucher stub after each Payment has been posted. If i have not received your Payment with 15 days of the due date, you will receive a late notice and/or a phone call, which will alert you that we did not receive your Payment. At that time you can check with your bank to see of the check cleared. Or if you simply forgot to send the payment, just give me a call and I will mark your account 'payment is on the way'. We do assess late fees of 10% of your minimum required payment, but not less than $5.00 - so to avoid this charge, be timely with your payments. We also assess a $35.00 fee for ALL returned checks. We will redeposit a check one time. If it is returned NSF again, then you will have to replace the check with cashier check or money order.

Bill-Pay Services: Most banking and financial institutions provide a 'Bill-Pay Service' for their account holders. You need only to provide them with your account number, which is on all documents you receive from us, and our mailing address. Quite a few of our buyers are using this method of payment, and there have been no problems whatever. You will still continue to receive from us a receipt with voucher stub and a Self-Adressed Return Envelope after each Payment has been posted.

-PHOTOS, MAPS, SATELLITE IMAGERY--
Maps can be made available only after your Purchaser's Package has been processed and your Down Payment has been paid to us in full. In most instance we have included in the Auction all photos that we have of your property. Feel free to inquire as to the availability of additional photos, as in some instances we do have on-hand more photos than what was shown in the auction.
PLEASE NOTE: Additional Photos(if available), Land-Maps, Large Format Maps, and satellite imagery may take up to 2 weeks to prepare for your individual Property. Please allow ample time.

TERMS AND CONDITIONS
IMPORTANT - READ CAREFULLY

BIDDER'S ACKNOWLEDGMENT
Upon successful closing of each auction, the parcel is 'SOLD' to the highest bidder and the purchaser is bound to the purchase and the sale is final. All properties are sold in 'As-Is/Where-Is with all Faults' condition with no warranties expressed or implied other than marketable title free and clear of all liens and encumbrances upon payment in full.

If a verifiable defect in title is discovered the seller will work to resolve such issues and shall be allowed ample time to do so prior to other options being considered. If said title issue cannot be resolved, a full refund will be granted to the buyer(s) in addition to a 10% discount of up to $2,000 off the purchase price of another of our available properties as a bonus for the inconvenience.

Buyer agrees that it is the purchaser's responsibility to conduct their own due diligence, including verification of title and all information provided, and to make informed decisions based on purchaser's own research and investigation. By participating in the auction and bidding, it is implied that each Bidder has conducted their own due diligence or is waiving his or her rights to it. Bidder hereby acknowledges and agrees to be bound to the Term and Conditions herein.

All information contained in each auction is deemed reliable, but is not guaranteed to be free from errors, although every precaution has been taken to ensure the accuracy of the information. The Seller, and auctioneer will not be responsible for any errors or omissions. Taxes, association dues and other recurrent costs are estimates based on previous year's billings; these costs may be assessed at different rates in subsequent years. Buyer should contact the applicable property owners' association if any for the current assessment amount. Buyers should carefully verify all costs and assessments, inspect the property and bid accordingly.

PROPERTY INSPECTION
All Bidders must fully complete their Property due diligence prior to the Auction. Winning Bidders shall represent, covenant, and warrant that they are purchasing the Property relying solely on their independent inspection of the Property in its existing condition, and that Buyer has physically inspected and fully investigated the suitability of the parcel, including the availability of utilities, water, sewage and means of access . Neither Sellers nor Auctioneer shall be liable for any allowance, adjustment or revision based upon the failure of the Property to conform to any specific standards.

All of the properties will be sold by seller and auctioneer 'as is, where is and with all faults'. All prospective purchasers agree that they are acquiring the property in its present condition as of auction day, with all defects and with all faults, whether known or unknown, presently existing or that may hereafter arise. All purchasers agree that sellers and auctioneer have not made any representations, warranties, promises, or guaranties of any concerning or with respect to the property.

You should personally inspect all properties you are interested in purchasing. Your inspection should include a complete, in-person inspection of the property, It is the responsibility of all bidders to inspect each property they desire to bid upon prior to the auction and to satisfy themselves as to its physical condition. You may wish to consult with a licensed real estate broker in connection with any prospective bid.

The Winning Bidder/Buyer is solely responsible for locating their property and Seller assumes no responsibility or liability for a Buyer's inability to locate or failure to properly identify their property. Regardless of any prior surveys in hand or existing markers in the ground, Seller strongly advises Buyer to have their property professionally surveyed immediately prior to the commencement of any improvement or construction.

TITLE BY DEED
Unless otherwise specified in Buyer's real estate purchase agreement, deeds conveying title from Seller to Buyer shall be recorded without the benefit of independent escrow or title insurance. Escrow for title transfer and title insurance is available at buyers expense.

CANCELLATION/LIQUIDATED DAMAGES
If Winning Bidder fails to comply with any of the foregoing, or subsequently defaults under the Purchase Agreement, the sale may be canceled by the Seller and the Buyer shall be required to pay damages as set forth in the Purchase Agreement.

Offers made at this Auction are void where prohibited by law. Any information on any website, in any brochure, e-mail or postcard and any and all information available regarding the Properties shall not constitute an offer to sell or a solicitation of any offer to buy any of the Properties referenced herein. In addition, and without limitation of the foregoing, any website or brochure shall not constitute an offer to sell or a solicitation of any offer to buy nor shall there be any sales of any of the Properties in any state in which such offer, solicitation, or sale would be unlawful prior to the registration or qualification under the applicable securities laws of that state.

No Federal or State agency has judged the merits or value, if any, of this property.

All Terms Subject To Change.

--QUESTIONS REGARDING YOUR ACCOUNT--
If you have any questions regarding your account feel free to contact us.
(949) 248-2512