Terms
General Terms
EVERYTHING SELLS AS IS – NO WARRANTIES EXPRESSED OR IMPLIED:
All equipment is sold “AS IS”, “WHERE IS” with no warranties or guarantees, expressed or implied by the Seller and Burton W. Wiand, Receiver (“Receivership-Auctions”). All sales are final.
There shall be no returns, exchanges, or refunds for any reason. All property is sold “as-is”. It is the bidder’s responsibility to determine the nature, condition, and state of each item or property bid on or purchased.
Receivership-Auctions
Receivership-Auctions is a trade name used by Burton W. Wiand, Receiver to conduct online and live auctions of property for Receivership Estates. Receivership-Auctions.com is a website used to conduct these auctions. The auctions are judicial sales conducted pursuant to Order of the United States District Court for the Middle District of Florida. Orders authorizing auctions are contained on that website. See www.EquialtReceivership.com.
Disclaimer of warranties
There are no understandings, agreements, representations, or warranties, express or implied not specified herein, respecting this contract or the item or property sold hereunder, including but not limited to the merchantability or fitness for a particular purpose. Information about the property being sold is provided from records acquired by Seller that is a Receiver who acquired the property pursuant to Court Order. Purchasers must review public records regarding the properties being sold. The Receiver has no personal knowledge of the property and while the information provided is believed to be reliable all buyers must rely solely on their examination of the property and its condition.
Inspections
It is the responsibility of the buyer to conduct their own inspection. No testing or operational assessments have been made by Receivership-Auctions. Contact Receivership-Auctions prior to bidding with any questions regarding any item or property. Inspection of vehicles may be made by appointment. Inspections of real properties may be arranged by contacting employees of EquiAlt LLC, Tony Kelly, Alex Ellis or Sam Wiand. All known material facts conveyed to Receivership-Auctions have been disclosed. The buyer is accepting the property “as-is”.
Internet Bidding
This is a live online Auction, All bids will be entered online. The highest bid online when the bidding closes will be the winning bid for the item unless a bid is accepted prior to the expiration of the auction. By placing a bid, you agree to all of the terms and conditions which may be set forth by Receivership-Auctions (Burton W. Wiand, Receiver) and expressly acknowledge and affirm that you have read and are familiar with all terms and conditions including these General Terms and the Participation Terms. Bidding will be controlled by Receivership-Auctions. Be prepared to bid accordingly. No bidding by the sellers will be allowed for absolute auctions or after a Reserve is met. All sales are final as is the determination of the winning bidder by Receivership-Auctions.
Auctioneer’s Discretion
The content displayed on the Receivership-Auctions website may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the online bidding service and to make any changes to the features, functionality, or content at any time.
Choice of Law, Venue & Jurisdiction of Disputes
The law of the state of Florida shall govern the interpretation of any and all disputes or other matters relating to the subject sale and/or stemming from the auction sales. Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor, or otherwise, is created between bidder and Burton W. Wiand Receiver. Any dispute shall be resolved before the SEC v. EquiAlt Receivership Court (The United States District Court for the Middle District of Florida) in summary proceedings without a jury. Prevailing parties shall be entitled to their cost and attorney’s fees.
Auction Software
Receivership-Auctions will not be held liable for any software or software malfunction discrepancies.
Bidding Closure
Auctions will be conducted online and on occasion live and will terminate with respect to each property when the Receivership-Auctions accepts a bid, an event that can occur at anytime during an auction.
Register
All bidders must register and be in good standing with Burton W. Wiand-Receiver in order to bid on items listed on the online auctions. Bidders must satisfy financial qualifications as required by Receivership-Auctions and receive approval prior to being allowed to bid. Burton W. Wiand-Receiver reserves the right to remove a bidder for any reason. Registration for each auction will be subject to a charge of a $10 dollar administration fee that will be collected on line through payment by credit card. By registering for an auction all bidders agree that they are bound by the terms and procedures of Receivership-Auctions and a successful bid constitutes a written contract to purchase a real estate property.
Photos
Please consider the photos as only part of the buying process and not the definitive authority. Photos may or may not depict all the positives or negatives of an item. These photos and descriptions are to be used as guidelines only. All bidders are responsible for their own personal inspection of the item(s).
Odometer/Mileage/Hours
Odometer, Mileage & Hour Meter are assumed to be correct. However, these assumptions do not constitute a guarantee. It is up to the BUYER to validate the accuracy of the reading during the inspection process. Receivership-Auctions is not liable for any inaccuracies pertaining to the odometer, mileage, or hour meter readings. Receivership-Auctions has no knowledge of the history of these vehicles except as provided in the documentation made available.
Reserve
Burton W. Wiand Receiver (Receivership-Auctions) has the ability to protect its merchandise with a minimum selling price. Reserve prices are designed to protect the owner of an auctioned item from an unfavorable outcome. Receivership-Auctions may withdraw any lot, item or property from the auction and all lots are subject to prior sale. Consigners have the right to bid until the reserve price is met. Consigners are not authorized to bid beyond the agreed reserve. Consignors may not bid on their lots in an absolute auction. Some Lots may have minimum bids, a minimum bid is not a Reserve.
Auction details page
The auction details page and Participation Terms contains the auction specific terms, location details, and category list for the auction. The auction details page can be assessed by clicking on each lot. Please review the attached contractual documents.
First bid notice
By placing a bid in an auction, you will be agreeing to the auction terms and conditions as contained herein and specified elsewhere on the Recievership-Auctions.com website. Registration for an auction shall constitute written agreement to the terms of the auctions and all Real Estate contracts that are a part of the auction.
Buyers Premium
Taxes
In order to comply with state and local sales tax requirements, it is necessary that we have in our files a properly executed exemption certificate from all of our customers who claim sales tax exemption. Buyers are responsible for all sales and transfer taxes.
Receivership-Auctions will NOT release equipment until we receive any necessary and properly executed tax exemption form or until required taxes, if any, are paid (Buyers Responsibility). We need the sales tax form from the state in which the equipment was sold, not from the state in which you are located. Guidelines and regulations regarding tax exemptions may vary between states. Receivership-Auctions does not provide any legal or tax advice. Please consult your advisors.
All taxes relating to real estate transactions will be dealt with at closing specifically according to the applicable Sales Procedures Agreement.
Invoicing
An invoice with payment instructions will be sent to each successful buyer’s registered email at the close of bidding. If you do not receive an invoice via your email within 24 hours after the close of the auction, please contact us at 727-235-6769 immediately.
Bidder’s Payment
Payment instructions will also be included on your invoice. Successful bidders on non-real estate items must contact Receivership-Auctions within 24 hours after receiving their invoice to confirm their method of payment.
- Payments must be received within 48 hours after the conclusion of the auction absent written extension from Burton W. Wiand Receiver.
- Any payment received between 7 to 14 days after the conclusion of the auction, the buyer will be assessed a 2% fee on the invoice total.
- If payment is not received within 14 days after the conclusion of the auction, the buyer will lose all rights, title, and interest to the property, including any and all moneys. Buyer shall remain responsible for any damages or expenses incurred by Burton W. Wiand, Receiver as a result of any buyer default.
- All transactions must be paid by wire transfer.
- NO equipment will be released until payment is made in full. Burton W. Wiand Receiver will after payment clear all encumbrances on the vehicles and deliver title promptly to the Buyer.
- All funds wired to Burton W. Wiand Receiver will be held in a trust account with Burton W Wiand, PA, and used to satisfy any incumbrances on the items sold. No funds shall be released to the Burton W. Wiand Receiver until all encumbrances and liens are satisfied and the item and or title thereto is delivered to the buyer.
For real estate transactions, 10% of the total purchase price must be wired to the Trust Account of the Closing Agent, Najmy Thompson PL, within 24 hours of the acceptance of a winning bid. The remainder of the purchase price shall be wired to the Closing Agent prior to the completion of the transaction. The wiring instruction for the closing agent will be included with the Sales Procedures Agreement for each real property. Failure to timely wire funds as required will allow the Receiver or Receivership-Auctions.com to terminate a transaction but shall not impact the obligation of a successful bidder for damages or specific performance if the Receiver so chooses.
A successful bidder must wire 10% of the purchase price as described herein. The successful bidder will be provided with a Sales Procedures Agreement that will set forth the procedures for completing the real estate transaction. The successful bidder should sign and return the Sales Procedures Agreement. Regardless of whether or not the successful bidder signs this agreement by agreeing to the terms of Receivership-Auctions a real estate purchaser agrees to the terms of the Sales Procedures Agreement and agreeing to these terms constitutes a written contract to purchase the real that is subject of a successful bid. Wiring instructions for the Closing Agent are included with the Sales Procedures Agreement that is included on the website with the description of each property.
Payment Procedures
Payments for real estate transactions shall be wired as described above.
Payments for non-real estate items will be made directly to Burton W. Wiand-Receiver. They will be deposited into the trust account of Burton W. Wiand, PA, and disbursed to satisfy liens and distribute funds to the Receiver upon delivery of property to Buyers. All payments for purchased items shall be made by wire transfer.
Wire Instructions:
ABA Routing Number: 062006505
Beneficiary Bank: ServisFirst Bank
Address: 2500 Woodcrest Place
City: Birmingham, AL 35209
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Beneficiary Account #: 500120XXXX Beneficiary Name: Burton W. Wiand PA Special Trust Account Further Information: Lon=t No; |
Credit card
Credit Cards may be used for the payment at the time of Registration for administrative processing fees. Payments by credit card may only be used for such fees. Auction items may only be paid for by wire transfer.
Titles for Vehicles
There will be a $100 title processing fee applied to all items requiring a Department of Motor Vehicles tag. Buyers will be contacted via email the day of the auction in regard to titling information. The Receiver will require title information including name(s) and complete address via email. The title will be mailed to the buyer via certified mail as soon as possible after receipt of payment, regardless of payment type.
**ALL TITLES WILL BE ENDORSED, UNDER NO CIRCUMSTANCES WILL ANY OPEN TITLES BE ISSUED**
Removal of Items
All items shall be removed from 2101 W. Cypress, Tampa, FL subsequent an auction at the buyer's sole expense and risk. Items shall be removed within 72 hours of notification to the buyer by Burton W. Wiand Receiver that the item is available for removal. Should any item not be removed within that time period storage fees shall apply. Any extension of these deadlines shall be in writing signed by Burton W. Wiand Receiver.
Closing of Real Estate Transactions
The closing of each sale of real property shall occur according to the terms of the Sales Procedures Agreement that is included on the website with each lot.