Myers Estate Auction - Part 3 - Building & Lot + Automobiles

SIMULCAST AUCTION TERMS & CONDITIONS

INSPECTION TIMES:

Friday, October 25 - 11:00 A.M. – 12:00 P.M.  Eastern

PICKUP:

No shipping, All items must be picked up in person and you must bring your own help to load.  You can pay for your purchase at pickup.  We will not automatically charge your credit card unless you fail to pickup.  We reserve the right to hold any piece until funds are verified or cleared the bank.  Buyer to make arrangements with auctioneers the following week after the auction to pickup their item.

 

DRIVERS LICENSE IS REQUIRED TO REGISTER FOR THIS AUCTION, APPLIES TO LIVE ON SITE BIDDERS AND SIMULCAST BIDDERS.  SIMULCAST BIDDERS CAN EMAIL A COPY OR PHOTO OF THEIR DRIVERS LICENSE TO: office@kesslerauction.com

TERMS REAL ESTATE:  10% of purchase price day of auction, along with signing a real estate sales and purchase contract with the balance due with deed at closing, on or before December 17, 2024.   Simulcast, internet, phone or absentee  bidders, shall sign a real estate sales and purchase contract either in person or by electronic signature within 24 hours of the conclusion of the auction and shall pay the earnest money deposit by 5:00 P.M. on the 2nd business day following the auction.  In the event that a simulcast, internet, phone or absentee bidder does not timely perform (either signing the contract or paying the deposit), the sellers authorize the auctioneers to offer the property to the backup bidder at their last bid.  In the event of forfeiture of the earnest money deposit by the purchaser, said deposit shall be divided 50% to the seller and 50% to KESSLER AUCTION & REALTY CO.  NO CREDIT CARDS USED ON REAL ESTATE. 

Note: A 10% Buyers Premium will be added to all winning bids to determine the final sales and purchase price. ALL BUYERS NOT KNOWN BY KESSLER AUCTION & REALTY CO. MUST HAVE A BANK LETTER OF GUARANTEE ADDRESSED TO KESSLER AUCTION & REALTY CO. OR CERTIFIED FUNDS. 

TERMS & CONDITIONS ON PERSONAL PROPERTY: Cash, Cashier’s check, wire transfer(buyer pays wire fees) or good check with proper ID, or Visa/Master Card (with a 3% convenience fee; No Credit Cards over $1,000.00), day of auction. Cash, approved check, cashiers check, wire transfer on guns only – no credit cards.   Cash payments totaling Ten Thousand Dollars ($10,000) or more will not be accepted.  Online purchases are due upon receipt of your invoice.   Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.  Wire transfers must be sent no later than one business day after the auction.

Note: A 10% Buyers Premium will be added to all winning bids to determine the final sales and purchase price. ALL BUYERS NOT KNOWN BY KESSLER AUCTION & REALTY CO. MUST HAVE A BANK LETTER OF GUARANTEE ADDRESSED TO KESSLER AUCTION & REALTY CO. OR CERTIFIED FUNDS.  All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. 

WITHOUT THE LETTER OF GUARANTEE, THE RIGHT IS RESERVED BY THE AUCTIONEER TO HOLD ANY TITLED VEHICLES OR EQUIPMENT UNTIL FUNDS ARE EITHER VERIFIED OR HAVE CLEARED THE PAYEE’S BANK.   IF YOU ARE THE WINNING BIDDER ON A TITLED VEHICLE, CONTACT KESSLER AUCTION & REALTY CO ON THE NEXT BUSINESS DAY TO ARRANGE TO TRANSFER THE TITLE AT THE TAYLOR CO COURT HOUSE.  ALL CHECKS WILL BE VERIFIED PRIOR TO TRANSFER OF TITLE AND CHECK OUT.  WE DO RESERVE THE RIGHT TO HOLD ANY TITLED VEHICLE OR FARM EQUIPMENT UNTIL FUNDS ARE CONFIRMED.  TITLED VEHICLES WILL BE HELD AT THE AUCTION SITE UNTIL TRANSFER IS MADE.  ALL BUYERS NOT KNOWN BY KESSLER AUCTION & REALTY CO. MUST HAVE A BANK LETTER OF GUARANTEE ADDRESSED TO KESSLER AUCTION & REALTY CO. OR CERTIFIED FUNDS. YOU MUST HAVE YOU PROOF OF INSURANCE AS REQUIRED BY THE COUNTY CLERK. 

Wire Transfer Payments. Buyer shall obtain verbal verification of all bank account information from Kessler Auction & Realty Co., prior to initiating transfer. Except as otherwise provided by law, we shall not be liable for any loss or damage due to misplaced, unauthorized or fraudulent fund transfers.  Buyer pays all wire fees.

Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of $50.00. In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.

No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that they will not, under any circumstances, issue a stop payment order with respect to any checks issued at or in connection with the Auction, or initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation  of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and was in agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such the Bidder’s Registration and to issue a Bid Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.

Notice: Any announcement made by the auctioneer will take precedence over any printed material or oral statement. In an auction sale, all property is sold As Is, Where Is with NO warranty expressed or implied by the sellers or the auction company. The information in all advertising is believed to be correct but is not guaranteed. It is the responsibility of each potential bidder to make their own Inspections or investigations and to bid on their judgment of value. All buyers should avail themselves of the opportunity to make an inspection prior to the auction ending time & date. This auction is subject to all Terms and Conditions herein, so please read all the Terms & Conditions.

SALES TAX: All items are subject to 6% Kentucky Sales Tax of total sales price (bid price + buyers premium), unless you have a valid KY Resale number and fill out the certificate. Some farm related items may be tax exempt if you are a farmer and sign the exemption form.

NOTE: FEDERAL FIREARM RULES AND BACKGROUND CHECKS DO APPLY ON ALL RIFLES, SHOTGUNS & PISTOLS.  PICTURE ID REQUIRED.  ALL GUNS WILL BE TRANSFERRED BY A FEDERAL FIREARMS DEALER AND A $20.00 PER GUN TRANSFER FEE WILL APPLY.   ALL GUNS WILL BE  TRANSFERRED AND PICKED UP BY THE BUYER AT THE FIREARM DEALERS  LOCATION.  ALL GUNS ARE STORED OFF SITE.  IF YOU ARE THE WINNING BIDDER ON A FIREARM, AFTER PAYMENT, YOU WILL TAKE YOUR INVOICE TO THE FFL DEALER BEING USED TO MAKE PICKUP AND COMPLETE THE BACKGROUND CHECK. 

 All property is sold in an “AS IS” “WHERE IS” condition. ALL SALES ARE FINAL. As a bidder registering for this auction, you agree that you have read and understand the terms and conditions of the auction. You are purchasing items at this auction and they are being sold “as is” without any warranty written or implied. You also by registering for this auction certify that you understand that this merchandise CAN NOT be returned for credit on your charge card or for any other kind of credit or exchange and you agree that there will be no charge backs. ALL SALES ARE FINAL!

NOTE: The right is reserved to hold any automobiles, farm equipment or any item until funds can be verified. All vehicles, farm equipment, and any other items are sold “AS – IS” with no warranties, or guarantees expressed or implied.

1. Your computer will automatically refresh with new bids. You do not need to refresh your webpage. Refreshing may cause a delay in your bidding experience due to the reloading of the entire page. By registering for this auction, you agree to receive emails or text messages of outbid notifications, updates or regarding upcoming auctions.

 

2. Auction Ending:

Kessler Auction & Realty Co. Inc. Simulcast Auctions are timed events and all bidding will close with the auctioneers fall of the hammer. 

Property Information & Inspection: Kessler Auction & Realty Co. Inc. has attempted to provide accurate descriptions of all items in the auction. However, it is the bidder's responsibility to inspect the item and determine the condition of each lot. Descriptions that are provided by Kessler Auction & Realty Co. Inc. are provided in good faith and are matters of opinion. All descriptions have been gathered from sources which we believe to be reliable, but are not guaranteed. The auctioneer makes no warranty or guarantee of any kind with respect to condition, authenticity, source, condition, fitness for a particular use, or any other condition. The auctioneer reserves the right to modify, change or delete any item or lot or the description in the auction as may be necessary. Kessler Auction & Realty Co. Inc. is not responsible for any missing or incorrect listing information. The only recourse for the buyer of an item or items that are missing or damaged prior to pick up is not paying for the item.

If the pictures and descriptions do not match, contact john@kesslerauction.com or jwk@kesslerauction.com or call 270-465-7051 to report the auction and item number. There may be other items in the background of pictures that are not included. Kessler Auction & Realty Co. is not responsible for mismatched pictures on the wrong lot number.

 

Outbid Notification:

 

This is a Simulcast auction.  There will be no outbid notifications.  All bidders shall be in front of their computer and listening to the auctioneer.  There shall be NO liability on the auctioneer for any bids missed, slow internet speed, etc. Due to different internet connections and speed, please constantly monitor the auction.

5. Auctioneer's Discretion:

Kessler Auction & Realty Co. Inc. shall have full discretion to modify the date and time, order, and details of the auction, of any item or the conduction of the auction for any reason or for no reason, including but not limited to technical issues, emergencies, and convenience of Kessler Auction & Realty Co. Inc. or the seller.

6. Sold “As Is Where Is”:

Kessler Auction & Realty Co. Inc. and the seller, are selling all auction items to buyers “As Is”, unsupported, without any warranty of any kind. Kessler Auction & Realty Co. Inc. and the seller disclaim all warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular use. All items are sold in their actual current condition, with all faults and defects, and with all errors of description. Kessler Auction & Realty Co. Inc. liability to a purchaser will never exceed the purchase price actually paid for an item.

Bidders / buyers accept all auction items "with all faults", whether or not immediately apparent. Bidders are responsible for ascertaining the actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction items.

Kessler Auction & Realty Co. Inc. reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Items become the full responsibility of the bidder at the time that payment is received. The bidder assumes all risk of loss or damage to the item at that time. Kessler Auction & Realty Co. Inc. reserves the right to resell any item that is not paid for in full by the conclusion of the stated pickup date. In any such event, the bidder will still be responsible for payment for the original purchase price and the costs of collection of this payment and/or damages resulting for the resale of the property. Kessler Auction & Realty Co. Inc. reserves the right to change bidders' username and or password for any reason deemed necessary by Kessler Auction & Realty Co. Inc.

Kessler Auction & Realty Co. are agents for the seller. Buyer and or Bidder agrees to hold harmless and indemnify Kessler Auction & Realty Co. Inc. and its Agents, Owners, Directors, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.

There will be a ten percent (10%) Buyer's Premium added to final bid price on each item to determine the final sales and purchase price.

Payment must be made before item(s) are removed by the specified date on the auction advertisement. All sales are final. There are no returns, refunds, or adjustments. Kessler Auction & Realty Co. Inc. accepts the following forms of payment: Cash, Cashiers Check, Wire Transfer, personal check with proper ID, and Visa / Master Card (with a 3% convenience fee).  See full terms above. 

7. Server And Software Issues:

In the event there are technical difficulties relating to the server, web site, software or any other auction related technology, Kessler Auction & Realty Co. Inc reserves the right to change the closing date or time, to extend or continue the bidding, or to close the bidding or auction at their discretion. Kessler Auction & Realty Co. Inc nor the company providing the software shall be responsible for a missed bid, or for the failure of the software to operate properly for any reason.

8. Auction Cancellation:

Kessler Auction & Realty Co. Inc reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding.

 

9. Bidder Verification & Bidder Registration:

All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.

 

DRIVERS LICENSE IS REQUIRED TO REGISTER FOR THIS AUCTION, APPLIES TO LIVE ON SITE BIDDERS AND SIMULCAST BIDDERS.  SIMULCAST BIDDERS CAN EMAIL A COPY OR PHOTO OF THEIR DRIVERS LICENSE TO: office@kesslerauction.com

The identity of all bidders will be verified. You must enter a credit card and you must confirm your email address prior to bidding.  Bidding rights are provisional, and if complete verification is not possible, Kessler Auction & Realty Co. Inc will reject the registration, and bidding activity will be terminated. The Seller and Kessler Auction & Realty Co. Inc reserve the right to preclude any person from bidding if there is any question as to the person's credentials, fitness or capability of closing.

 

10. Bidder Responsibilities:

Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. The auctioneers have the right to gather information from the web site which may include but is not limited to: page visitors, most viewed pages, and any and all correspondence. The auctioneers and their employees and or Kessler Auction & Realty Co. Inc may bid on items in this auction.

No Bid Retraction. A bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept the Registration Bidders bid and for the bidder to bid at the Auction, the bidder agrees not to withdraw or to attempt to withdraw any placed bid that has been acknowledged or accepted by Auctioneer.

Registered bidders are responsible for bids placed on bid number.  Each Registered Bidder is responsible for the bid number issued to them. The auctioneer is not responsible for monitoring or policing the use of bid numbers, and each registered bidder is responsible for all bids made on the bid number issued to such even if the registered bidder claims that their number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated bid number was provided to Auctioneer prior to an unauthorized use or bid being made. Absent a clerical error, Auctioneer’s recording of bids against a bid number will be conclusive as to the making of such bid by, or on behalf of, the registered bidder.

By bidding, each bidder acknowledges and agrees that they have inspected the property, or had the opportunity to inspect the property, and have declined to do so,  and accepts the property “as is” and “where is” without recourse against the seller and / or the auctioneers.  The bidder acknowledges that they are relying solely on, their own inspection and investigation in determining whether to bid, the amount of a bid, and the bidder accepts any and all risks associated with the purchase and/or use of the Property.  Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.

11. Personal Property Pickup:

All items, must be picked up from the address listed on the auction, as well as the date listed, once Kessler Auction & Realty Co. Inc has received and acknowledged payment in full. Items will not be released to buyers until payment is made in full to Kessler Auction & Realty Co. Inc. Buyers are responsible for rigging, loading, and moving all items purchased without assistance from Kessler Auction & Realty Co. Inc. If you are the winning bidder on large items, please bring help and equipment to load the item.

12. Default:

 If purchases are not settled by the specified pick up day, it will be considered in default. Upon default the bidder may be blocked from bidding on Kessler Auction & Realty Co. Inc auctions in the future, and may be charged ten percent (10%) of bid price or $500.00, whichever is greater or the credit card used to register may be charged for the purchase. All defaulted items may be offered to any qualified bidder at the discretion of Kessler Auction & Realty Co. Inc. Any ltem / lot that is not picked up from the auction site within 15 days will be discarded or resold with proceeds retained by the auctioneer. The bidder agrees to pay all reasonable attorney fees and other costs incurred by Kessler Auction & Realty Co. Inc in its efforts to collect unpaid funds from the bidder. Bidder agrees that a fee of two percent (2%) of the outstanding balance per month will be added to any unpaid balance due Kessler Auction & Realty Co. Inc. Any dispute will be tried in a court of jurisdiction in Taylor County, Kentucky.

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.  ALL PARTIES AGREE TO A JURISDICTION OR COURTS IN TAYLOR CO. KY.

13.   Binding Contract

An accepted winning bid is a legal and binding contract.  If any Buyer is in default. under these Terms and conditions, or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal remedies, such property may be resold and the defaulting Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.

14. Limitation of Liability:

If, for any reason, Kessler Auction & Realty Co. Inc. is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase at time of pickup, the sole liability of Kessler Auction & Realty Co. Inc. if any, shall be the return of any paid monies in respect of such Purchase upon its return by Purchaser.

15.   Guaranty Agreement:

By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Kessler Auction & Realty Co. Inc. of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee.

16.   Disputes:

Any dispute between Kessler Auction & Realty Co. Inc., its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Taylor County, Kentucky. By bidding on any item, buyer agrees to all terms and conditions set forth.

17.   Age Requirement:

All bidders must be eighteen (18) years of age or older.

18.   Firearms Regulations:

Bidders must abide by any local, state, or federal laws set forth on any firearm purchases.

19.   Bidding Notes & Bidding Increments: If the starting bid and the asking bid are the same, then a bid has not yet been placed on that item.

20. The auctioneers, and any employee of Kessler Auction & Realty Co., Inc. shall have the right to bid on or purchase any items / lots in this auction. Any lien holder or an individual party to a divorce, partnership, trust, corporate dissolution, or an individual heir to an estate, including the executor or administrator, or any trustee of a trust, shall have the right to bid and buy individually as long as they comply with the terms and conditions of this auction.
21. Bidding Increments:

Bid increments shall be at the discretion of the auctioneer and may change during the auction. 

If you placed a bid for a certain dollar amount, then notice that another bidder has the current winning bid for the same dollar amount, it is because the other bidder is a floor (onsite bidder).  Floor (on site) bidders will receive priority over online bidders. 

In the event of a tie bid, where the auctioneers and a bid spotter/computer operator believe that they have the same bidder and in fact they have separate budders, the auctioneers reserve the right to open the bidding back up between those two bidders.  The bidder that the auctioneer had recognized shal be the bidder that is in. 

NOTICE: IMPORTANT/PLEASE READ: The auctioneers and/or a Kessler Auction & Realty Co. Inc., representative have the option of reopening the bidding for any item/items if they deem a computer or electronic malfunction prevented a potential or existing bidder(s) from placing bids. Even though a bidding time may have ended and the computer screen may show the bidding is "CLOSED". The auctioneers and/or a Kessler Auction & Realty Co. Inc, representative may reopen the bidding at their sole discretion.

ALL SALES ARE FINAL.  NO REFUNDS OR RETURNS.