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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 government-issued unexpired I.D. (photo copy acceptable) prior to the auction.  Auctioneer reserves the right to decline registration if I.D. produced is not sufficient.  Notarized copy of bidder’s signature on copy of bidder’s valid acceptable photo identification or passport must be provided to auctioneer.  NO EXCEPTIONS.
2. Bidder approval for internet. Download the “Internet Bidder Registration Packet” by visiting the Clinton County webpage at: www.NYSAuctions.com. Complete all required information areas where indicated by printing or signing legibly and return to the office of the auctioneer/broker no later than 4:00PM on Monday, June 5, 2023, to be approved to bid online for this auction.  NO EXCEPTIONS.
3. INTERNET BIDDING through our Provider is offered as a service to our customers, and bidders shall not hold Clinton 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. Purchaser shall be responsible for the payment of an eleven percent (11%) buyer’s premium for credit cards (a 1% buyer’s premium discount will be given for cash or guaranteed funds) in addition to the accepted purchase price, advertising fee of 1.5% of the bid price and the closing fees/costs.
2. $1,000.00 or 20% of the total contract price (bid price + buyer’s premium), whichever is higher, shall be paid as a down payment on the day of the auction upon execution of a contract of sale. All deposits are to be made by cash, credit card (MasterCard, VISA or Discover Card ONLY) for the required down payment ONLY, money order or bank check (cashiers or tellers check), made payable to “Clinton County Treasurer.” No exceptions. (DO NOT HAVE BANK CHECKS MADE OUT TO YOUR OWN NAME. Unused checks can be redeposited into your bank account with the endorsement, “Not used for purposes intended.” Ask your bank for details.) 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/Clinton 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).
3. Upon being declared the high bidder on a parcel, Purchaser will immediately go to the contract table and execute the Contract of Sale and remit the required deposit.
4. If a declared high bidder at the auction leaves the auction without properly making the required down payment, or fails to complete purchase after deposit is made, he/she will be prohibited from participating at future auctions held by Absolute Auctions & Realty, Inc. for a period of five years. Clinton County reserves the right to take legal action against this high bidder, should such a default occur. 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.
5. At the time of bidder registration, the purchaser shall provide information necessary to complete, and shall execute, the necessary forms and documents required for recording the deed in the County Clerk’s Office. Bidders are required to register and provide suitable government identification such as a driver’s license or passport at registration. Auctioneer reserves the right to decline registration if identification is not sufficient. Individuals acting on behalf of others (including spouses), not in attendance at the auction, must produce a “Full Power of Attorney” duly executed and notarized, copy of driver’s license and social security number to complete necessary forms. 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.
6. The purchaser may not assign his/her right to complete the sale. ALL DEEDS SHALL BE EXECUTED SOLELY IN THE NAME OF THE BIDDER (AND SPOUSE, IF REQUESTED) REGISTERED AT THE AUCTION. Purchaser is responsible for ensuring the proper spelling of their name(s) on the sales contract. Once the sales contract is signed, no corrections will be made and the deed will reflect the name(s) on the sales contract. SPOUSE MUST BE PRESENT AT AUCTION TO BE ADDED TO THE DEED.
7. Sale of County-owned properties shall be as follows: (1) in the event that the high bid on a parcel meets or exceeds the minimum bid price (minimum bid price is the amount of back taxes owed) established by Clinton County, and otherwise fully complies with the terms and conditions of sale, the sale of such parcel shall be final and absolute and will not be subject to confirmation by Clinton County; (2) in the event that the high bid on a parcel is less than the minimum bid price established by Clinton County, and otherwise fully complies with the terms and conditions of sale, the sale of such parcel shall be subject to confirmation by the Clinton County Legislature before such sale shall be final; and (3) in the event that the successful high bidder refuses to complete 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 and fees, and such other amounts due under these Terms and Conditions of Auction, and subject to approval under subparagraphs (1) or (2) of this paragraph.
8. In the event the successful bidder is the previous owner, or lienholder, the purchase price cannot be less than the total amount of taxes owed at the time Clinton County took title to the parcel.
9. Clinton County will notify purchaser when all required documents necessary to complete the sale and transfer of any and all parcels purchased at the auction have been prepared. Within 30 days of the auction, the entire balance of the purchase price, plus the buyer’s premium and closing costs/fees shall be paid.  Credit card payment is NOT acceptable for balance due.  All payments must be made by cash, money order or bank check. If purchaser fails to pay the entire balance prescribed within the aforesaid 30 days, all deposit(s) made will be forfeited. A purchaser who fails or has failed to pay any balance due, resulting in default at this auction or any previous Clinton County auction, will not be allowed to bid at this or any future auction for Clinton County for a period of five (5) years.
10. Conveyance shall be by quitclaim deed only, containing a description of the property as it appeared on the tax roll for the year upon which the County acquired title. The deed will be recorded by the County upon payment in full of the purchase price, buyer’s premium, and closing fees/costs. POSSESSION OF THE PROPERTY IS FORBIDDEN UNTIL THE DEED IS RECORDED WITH THE CLINTON COUNTY CLERK CONVEYING TITLE TO THE PURCHASER. TITLE VESTS AT THE RECORDING OF THE DEED. It is agreed between the County and the Purchaser that delivery and acceptance of the deed occurs upon recording of the deed.
11. The closing fees/costs which the purchaser shall be required to pay shall consist of: (1) Filing Fee for the Real Property Transfer Report [$125.00 if the parcels classification code is 100-199, 200-299 or 411-C; $250.00 for all parcels otherwise classified]; (2) filing fee for Combined Gains Tax-Transfer Tax Affidavit [$5.00]; and (3) all other fees and surcharges required by the Clinton County Clerk for recording of the deed.
12. All real property, including any buildings 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 and/or State taxes, liens, judgments, and encumbrances of record; (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 foreclosure in which Clinton County acquired title; (e) any undocumented or unknown environmental issues, wetlands or boundary disputes; and (f) all outstanding school and village taxes, past due and present water and sewer rents, assessments, and any demolition or “cleanup” charges, without pro-ration whatsoever. Bidders who are bidding on properties that have or have had motor fuel (or gasoline, whichever you think is more appropriate) tanks on or in them, are advised to contact the DEC for any possible site contamination or open cases.
13. All purchasers are advised to personally inspect the premises and to examine title to premises prior to the date upon which the sale is scheduled to take place. Personal inspection must be coordinated through Absolute Auctions & Realty, Inc; entrance upon any parcel without an employee of Absolute Auctions & Realty, Inc. constitutes trespass pursuant to the laws of New York State.
14. Notice is hereby given that the premises being sold may lie within an Agricultural District as designated upon the tax map. It is the sole responsibility of any bidder to ascertain which specific parcel(s) is so designated and these are sold subject to the provisions of law applicable thereto.
15. No personal property is included in the sale of any of the parcels owned by Clinton 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.
16. Evictions, if necessary, are solely the responsibility of the successful bidder after closing and recording of the deed.
17. Clinton County acquired title to these properties in accordance with Article 11, as the case may be, 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 proceeding; and/or as a result of forfeiture.
18. The purchaser shall be solely responsible for the payment of all taxes levied against the property subsequent to transfer of title to Clinton County.
19. Real Property Tax Law authorizes the imposition of a pro-rata liability on formerly exempt property transferred to a non-exempt owner after taxable status date. The property purchased at the tax foreclosure is exempt at the time of purchase (county-owned).  Upon transfer of title, the exemption ceases, and each tax levying unit, county, town and village are due taxes for the remaining portion of the year.  On a subsequent tax roll, county/town, the purchaser of the property will receive an additional bill for these taxes.  This entire process is subject to administrative review.  Further information can be found in New York Real Property Tax Law, Sections 520, 551 and 553.
20. NO PERSON OR ORGANIZATION CAN BID ON PROPERTIES AT THE AUCTION IF THEY, OR A CORPORATION OR COMPANY THEY ARE AFFILIATED WITH, OWE PROPERTY TAXES (CURRENT YEAR OR PRIOR YEAR) TO CLINTON COUNTY. ALL TAX LIABILITIES MUST BE PAID PRIOR TO THE AUCTION IN ORDER TO BID AT THE AUCTION.  Failure to comply with this provision will be grounds for default and forfeiture of any deposits paid.
21. By acknowledging and executing these Terms & Conditions, the purchaser certifies that he/she is not representing or acting as proxy for the former owner(s) of the property against whom Clinton County foreclosed, or anyone previously prohibited from participation in auctions, and has no intent to defraud Clinton County of the unpaid taxes, assessment, penalties and charges which have been levied against the property. The purchaser agrees that neither he/she nor his/her assigns shall convey the property to the former owner(s) against whom Clinton County foreclosed within 24 months subsequent to the auction date and, if such conveyance occurs, the purchaser understands that he/she may be found to have committed a fraud and/or intent to defraud and will be liable for any deficiency between the purchase price at the auction and such sums as may be owed to Clinton County as related to the foreclosure on the property and consents to immediate judgment by Clinton County for said amounts.
22. All sales shall be final, absolute and without recourse, and in no event shall Clinton County, Absolute Auctions & Realty, Inc., 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 Clinton County, Absolute Auctions & Realty, Inc., arising from this sale.
23. In the event that the sale of a parcel is cancelled by Court Order or judgment; OR the entirety of the auction is cancelled by the Clinton County Legislature, the successful bidder shall be entitled only to a refund of the purchase money. Purchaser shall not be entitled to special or consequential damages, nor attorney fees, nor reimbursement for any expenses incurred as a result of ownership or improvements of the property nor for taxes paid during the period of ownership.
24. 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.
25. Anyone deemed by the Auctioneer to be intentionally obstructing the business of the auction may be ordered removed by the Auctioneer.
26. All informational tools, such as slides, tax maps, photos, auction listings, auction catalogs, auction signs, 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, or anything else. THE COUNTY AND ABSOLUTE AUCTIONS & REALTY, INC. MAKE NO WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THIS SALE.
27. The successful purchaser on each auction parcel must remove the auction sign within two (2) days of receipt of the deed to the parcel as provided for herein.
28. People holding the following positions are precluded from bidding at the Clinton County Auction: a) Assessors, Board of Assessment Review members, and Town Supervisor and Town Board members within their own municipal jurisdiction; as well as b) The following Clinton County Officials: Treasurer, Legislators, Administrator, Attorney, Clerk, and Real Property Director.
29. No person or entity (or a person having more than a 10% interest in an entity) that has previously purchased property at a Clinton County In Rem Foreclosure Auction and had said property foreclosed upon by Clinton County in subsequent years may bid at a Clinton County In Rem Foreclosure Auction for a period of five (5) years after the date of said foreclosure, with the exception of a property in the current year’s auction that is the primary residence of said person.