Terms and Conditions of the Auction

INTERNET TERMS (in addition to standard terms below):

1. Registration. All bidders are required to register and provide suitable I.D. (photo copy acceptable) prior to the auction, all registrations will take place ONLINE. The Internet Bidding Packet (IBP) will be emailed via electronic link once bidder registers for the auction at NYSAuctions.com. A sample IBP can be found at the top of the auction web listing approximately 30 days prior to the auction. Auctioneer reserves the right to decline registration if I.D. produced is not sufficient. A copy of the bidder’s valid driver’s license or passport must be provided to the auctioneer. NO EXCEPTIONS.

2. Bidder approval for internet. In order to bid online, you will need to complete the Internet Bidding Packet (IBP) that will be emailed to you via electronic link from DocuSign. A sample IBP can be found at the top of the auction web listing approximately 30 days prior to the auction. Completed documents must be received by auctioneer/broker no later than 4:00PM on Monday, August 8, 2022, to be approved to bid online for this auction. NO EXCEPTIONS.

3. No Recourse. Internet bidding through our Provider is offered as a service to our customers, and bidders shall not hold Essex County and/or Absolute Auctions & Realty, Inc., responsible for any failure due to the loss of the internet connection supplied to Absolute Auctions & Realty, Inc., by the Provider.

STANDARD TERMS:

1. ALL SALES ARE SUBJECT TO APPROVAL BY THE ESSEX COUNTY BOARD OF SUPERVISORS, WHICH SHALL HAVE THE RIGHT, IN THE BOARD’S SOLE DISCRETION, TO REJECT ANY BID FOR ANY REASON WHATSOEVER.

2. All bidders are required to register and provide suitable personal identification prior to the auction. The auctioneer reserves the right to decline registration if identification is not sufficient. Individuals acting on behalf of others, not in attendance at the auction must produce a “Power of Attorney” duly executed and notarized. Entities such as corporations, limited partnerships, limited liability companies, etc. are required to provide AT REGISTRATION: 1) a copy of the state entity incorporation filing receipt, 2) EIN number and 3) a corporate resolution duly embossed with incorporation seal authorizing the registrant to purchase real property for said entity.

3. All bidders are required to use the bidder number issued to them for all purposes associated with the auction.

4. No former owner of the property, spouse, domestic partner, nor his/her/its agent or relative, shall be permitted to bid on the property or purchase same at the public auction, unless: (a) the amount bid exceeds the amount of tax arrears plus any other debts due the County (i.e., Social Services liens); and (b) the former owner(s), spouse, domestic partner, or his/her/its agent or relative, reaffirms all liens against the property which existed prior to the foreclosure and were extinguished thereby, with the deed to be signed by the former owner(s), spouse, domestic partner, nor his/her/its agent or relative and include language reaffirming and reinstating said liens.

5. At the time of registration, each bidder shall be required to execute a copy of these terms and conditions of sale. By executing these terms and conditions of sale the bidder: (a) certifies that he/she/it is not representing or acting as proxy for the former owner(s), spouse, domestic partner, or his/her/its agent or relative of the property against whom Essex County foreclosed, or anyone previously prohibited from participation in auctions, and has no intent to defraud Essex County of the unpaid taxes, assessments, penalties and charges which have been levied against the property; and (b) warrants, represents and agrees that neither such bidder nor such bidder’s successors or assigns shall convey the property to the former owner(s), spouse, or domestic partner against whom Essex County foreclosed within 60 months subsequent to the auction date, and that if such conveyance occurs such bidder may be found to have committed a fraud and will be subject to all penalties authorized by law therefore; and (c) agrees to the inclusion in the quitclaim deed from Essex County of a clause providing for an automatic reversion of title to such property to Essex County upon the event of a conveyance or attempted conveyance of any interest in said property to the former owner(s) or relative thereof within said 60 month period.

6.  In the event that the successful high bidder refuses or fails to consummate purchase of any parcel sold at an auction, the second highest bidder of that parcel shall be offered the opportunity to purchase the parcel at the amount of the second highest bid plus the buyer’s premium, closing costs/fees, and such other amounts as are due under these terms and conditions of sale.

7. Upon being declared the high bidder on a parcel, the Purchaser will immediately go to the contract table and execute the Contract of Sale and remit the required deposit of the greater of 25% or $1,000 of the total of the bid amount plus buyer’s premium, the same to be held by Essex County pending closing. If the total purchase price is $1,000.00 or less (a total of the bid amount, plus buyer’s premium plus all other required closing fees/costs/expenses), the total purchase price must be paid at the auction. All deposits must be made by credit card (MasterCard, VISA or Discover), cash or guaranteed funds (bank check / tellers check / cashier’s check / money order) payable to the “Essex County Treasurer” and drawn on banks insured by the Federal Deposit Insurance Corporation (FDIC) or National Credit Union Association (NCUA). NO EXCEPTIONS. Wire transfers will not be accepted. The County Treasurer will refund overage of a deposit made once the funds have cleared, or apply said sum to the balance owing on the total purchase price. Purchaser(s) paying by credit card(s) understand and agree(s) that all deposits collected by credit card(s) will be turned over to the Essex County Treasurer. The Purchaser paying by credit card(s) agrees that they shall NOT attempt a charge back on their credit card(s) used in this/these transaction(s) for any reason whatsoever. In such event that a charge back is initiated by Purchaser and that such attempt is upheld in favor of Auctioneer/Essex County, Purchaser agrees and authorizes to compensate Auctioneer with a $750.00 recovery fee as a new charge to their credit card(s) without requiring additional Purchaser signature(s). Failure to pay such recovery fee will result in collection action against said Purchaser(s).

8. IF ANY INDIVIDUAL, CORPORATION, LIMITED LIABILITY COMPANY, OR ANY OTHER ENTITY OWES ANY OUTSTANDING AND ANY DELINQUENT REAL PROPERTY TAXES TO ESSEX COUNTY ON ANY OTHER PARCELS OF REAL PROPERTY, THOSE DELINQUENT TAXES MUST BE PAID IN FULL PRIOR TO THE AUCTION OF THE PROPERTIES. NO SUCH ENTITIES SHALL BE ALLOWED TO BID AT THE AUCTION IF SUCH OUTSTANDING AND DELINQUENT TAXES ARE UNPAID.

9. The purchaser shall be solely responsible for the payment of an eleven percent (11%) buyer’s premium of the bid amount (1% buyer’s premium discount for cash or guaranteed funds). Purchaser shall also be solely responsible for an advertising fee of 1.5% of the bid amount, in addition to all other required closing fees/costs/expenses.

10. No selective closings shall be allowed or permitted subsequent to the auction, and therefore all parcels for which a person or entity is the successful bidder must be paid in full at the time of closing. Failure to remit full payment on all parcels for which a person or entity is the successful bidder shall constitute a material breach by such person or entity of each and every purchase/sale agreement to which he/she/it is a party arising from the auction and shall result in an automatic forfeiture to the County of any deposits paid.

11. The entire balance of the bid amount plus the buyer’s premium, advertising fee and all other required closing fees/costs/expenses as set forth at paragraph 9 shall be paid by certified check, cashier’s check, money order or cash, and the closing shall take place on or before SEPTEMBER 30, 2022. Time is of the essence in the closing of the sale of each parcel sold by this auction. The County is not required to send further notice to a purchaser. If the purchaser fails to pay the balance of the total contract price plus closing costs and fees as herein provided, the deposit shall be forfeited. The County reserves the right to bring an action for specific performance. “Time is of the essence.” If purchaser does not complete and return the transfer documents needed to file the deed, the purchaser forfeits their rights to the property and will not receive a refund.

12. All real property, including any buildings and improvements thereon, are sold “AS IS” and without any representation or warranty whatsoever as to condition or title, and subject to: (a) any state of facts an accurate survey or personal inspection of the premises would disclose (b) applicable zoning/land use/building regulations; (c) federal taxes, liens, and judgments other than those which have been released or satisfied (d) easements, covenants, conditions and rights-of-way of record existing at the time of the levy of the tax the non- payment of which resulted in the tax sale in which Essex County acquired title; and (e) all outstanding school and village taxes, water rents and assessments, and sewer rents and assessments, without proration whatsoever.

13. It is and shall be the sole responsibility of each bidder and/or purchaser to search title and determine its suitability and/or marketability, including but not limited to whether any parcel is: situated in an Agricultural District and subject to the provisions of law applicable thereto; is subject to and/or in violation of any rule, regulation, requirement or permit of the Adirondack Park Agency or any other governmental agency having jurisdiction thereof; is subject to easements, covenants or conditions of record; etc.

14. Bidder acknowledges receipt of the pamphlet entitled “Protecting Your Family From Lead in Your Home”, and waives the right to conduct a risk assessment or inspection of the premises for the presence of lead-based paint, lead- based paint hazards, mold, asbestos or any other hazardous substances prior to the auction sale.

15. Conveyance shall be by Quit claim deed only, containing a description of the property as it appeared on the tax roll for the year upon which the County acquired title, to be recorded by the County upon payment in full of the purchase price, buyer’s premium, and all other required closing fees/costs/expenses.

16. The closing fees/costs which the purchaser will be required to pay shall consist of:(a) New York State Transfer Tax of $3.00 for each $500.00 of the purchase/bid price; (b) Filing Fee for the Real Property Transfer Report (RP-5217) of (1) $125.00 if the property is classified as agricultural, a 1-3 family dwelling, an apartment or condominium, and (2) $250.00 if the property is otherwise classified (vacant, commercial entertainment, community service, industrial, public service, forest, etc.); (c) Filing Fee of $5.00 for the combined Gains Transfer Tax Affidavit (TP-584); (d) Deed Recording Fee of $45.00 plus $5.00 per page; (e) All other fees and surcharges required by the Essex County Clerk for recording of the deed.

17. Subject to paragraph 5 above, all sales shall be final, absolute and without recourse, and in no event shall Essex County or Absolute Auction & Realty, Inc., their respective officers or employee(s), be or become liable for any defects in title for any cause whatsoever; and no claim, demand or suit of any nature shall exist in favor of the purchaser, its heirs, successors or assigns, against Essex County and/or Absolute Auction & Realty, Inc. arising from this sale.

18. If declared high bidder at the auction leaves the auction without properly making the required down payment, or fails to complete the purchase of any parcel which such bidder has agreed to purchase, he/she/it will be prohibited from participating at future auctions held by Essex County and/or Absolute Auction & Realty, Inc. Essex County reserves the right to enforce any and all legal rights it may have against such bidder should either occur.

19. Essex County acquired title to these properties in accordance with Article 11 of the Real Property Tax Law of the State of New York, and all known rights of redemption under said provisions of law have been extinguished by the tax sale proceedings.

20. No personal property is included in the sale of any of the parcels owned by Essex County. The disposition of any personal property located on any parcel sold shall be the sole responsibility of the successful purchaser following the closing of sale.

21. All informational tools, such as slides, tax maps, property record cards, etc., are for identification purposes only and are neither a guarantee nor a warranty as to location, dimensions, parcel use and/or size, marketability and/or sufficiency of title, or anything else. THE COUNTY MAKES NO WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SALE.

22. The auctioneer’s decision regarding any disputes is final, and the auctioneer reserves the right to reject any bid that is not an appreciable advancement over the preceding bid.

23. Evictions, if necessary, are solely the responsibility of the successful bidder after closing and recording of the deed.

24. The purchaser shall be solely responsible for the payment of: (a) all taxes levied against the property subsequent to the auction; (b) all school and village taxes, water/sewer rents and assessments levied and unpaid for the current fiscal year of such school and/or village; and (c) all omitted taxes.

25. The successful purchaser on each auction parcel must remove the auction sign within seven (7) days after the recording of the deed.

26. Bidder gives permission for Auctioneer and those acting pursuant to its authority to photograph, video tape, or use any other electronic method of recording my likeness and/or voice to be used at the Auctioneer’s discretion in auction-related publications and/or websites.