TERMS FOR INTERNET BIDDING (in addition to standard terms below):

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, May 15, 2023, 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 Franklin 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.

4.      Absentee bids. All bids are placed at max bid. This means whatever bid submitted will be entered as the current high bid.

STANDARD TERMS:

2.   20% or $1,000.00 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 required deposits must be paid in full for all successful bids by the end of the auction. Any successful bidder, who fails to tender the deposit at the end of the auction, will be forbidden to participate in this or any other auction. Any parcels which the County of Franklin did not receive deposits for by the end of the auction will be considered to be defaulted. The property will be resold at the end of the auction. If a purchase fails to close on the parcels(s) that he /she bids on at the auction, he/she will be prohibited from participating at future auction held for the County of Franklin. All deposits are to be made by credit card (MasterCard or Visa), cash, money order or cashier’s check, made payable to the “Franklin County Treasurer.” No exceptions. 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/Franklin County, Purchaser agrees and authorizes to compensate Auctioneer with a $500.00 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.   The entire balance of the purchase price plus the buyer’s premium, and closing costs/fees shall be paid within 30 days after the auction by cash, money order or cashier’s check ONLY, to the Franklin County Treasurer’s Office. Credit cards will NOT be accepted for balance due payment.

4.   All real property, including any buildings thereon, are sold “AS IS” and without any representation or warranty whatsoever as to the 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 sale in which Franklin County acquired title; and (e) 2023/2024 school and village taxes, past due and present water and sewer rents and assessments.

5.   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. 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 PROPERTY IS FORBIDDEN UNTIL THE DEED IS RECORDED WITH THE FRANKLIN 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. 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.

6.   The closing costs/fees which the purchaser shall be required to pay shall consist of: (a) $500.00 County processing fee; (b) filing Fee for the Real Property Transfer Report (RP-5217) of $125.00 if the property is classified as agricultural, a 1-3 family dwelling, an apartment, or a condominium, and $250.00 if the property is otherwise classified (vacant, commercial, entertainment, community service, industrial, public service, forest, etc.); (c) Fee for combined Gains Transfer Tax Affidavit [$5.00]; (d) Franklin County Clerk Deed Recording Fee of $45.00 per document, $5.00 for each additional page; e) $1.00 mailing fee; (f) payment of all outstanding and unpaid taxes levied against the property subsequent (after) to the County‘s acquisition of title, together with interest and penalties thereon, as of the date of closing, (g) Title vests at recording of deed.

7.   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, at the time of bidder registration.

8.   The Purchaser will immediately go to the contract table and execute a Contract of Sale and render the required deposit upon being declared the high bidder on each parcel.

9.   All sales shall be final, absolute and without recourse, and in no event shall Franklin County and/or 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 Franklin County and/or Absolute Auctions & Realty, Inc., arising from this sale.

10. 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 there sold subject to the provisions of law applicable thereto.

11. By acknowledging and executing these Terms & Conditions, the purchaser certifies that he/she is not representing the former owner(s) of the property against whom Franklin County foreclosed and has no intent to defraud Franklin 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 Franklin 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 Franklin County as related to the foreclosure on the property and consents to immediate judgment by Franklin County for said amounts. Former owner and the heirs to the estate of former owners will be allowed to bid at auction provided that their minimum bid is equal to or greater than the delinquent taxes, penalty, interest and fees due as of the date of the auction.

12. Franklin 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; and/or as a result of forfeiture.

13. If a purchaser owes any outstanding and delinquent taxes to Franklin County, those delinquent taxes must be paid in full prior to closing on any purchases made at this auction. Failure to comply with this provision will be grounds for default and forfeiture of any deposits paid.

14. All bids shall be subject to approval by the Franklin County Legislature, which shall have the right, in the Legislature’s sole discretion, to reject any bid for any reason whatsoever. In the event the successful high bidder fails to close on a parcel, the Franklin County Legislature reserves the right to offer to the second highest bidder the option to purchase the parcel at their highest bid.

15. No personal property is included in the sale of any of the parcels owned by Franklin 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. All informational tools, such as slides, tax maps, deeds, 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. FRANKLIN COUNTY AND ABSOLUTE AUCTIONS & REALTY, INC., MAKE NO WARRANTY EXPRESSED OR IMPLIED IN CONNECTION WITH THIS SALE.

17. 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.

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

19. The successful purchaser on each auction parcel must remove the auction sign within seven (7) days of the auction.

20. 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 may be exempt at the time of purchase. 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

21. The purchaser shall be solely responsible for the payment of all taxes levied against the property subsequent to the auction. Buyer hereby acknowledges that the tax bills to the property may not arrive at his or her address immediately after taking title, which does not relieve buyer of the obligation to pay taxes or other assessments on the property. It is the buyer’s responsibility to obtain these bills and pay them. Bidders should be aware that there is the possibility of liens existing by reason of the non-payment of the village water or sewer rents, assessments and other municipal charges, including any demolition charges for unsafe buildings. These charges are the responsibility of the purchaser.

22. All successful bidders that have agreed to purchase property(ies) shall, within 18 months of the delivery of deed, bring property up to New York State and local building code. SUCCESSFUL BIDDERS FOR PROPERTIES WITH KNOWN CODE VIOLATIONS DISCLOSED PRIOR TO THE AUCTION MUST DEMONSTRATE WITH A CORRECTIVE ACTION STATEMENT TO SATISFY RESTORING THE PROPERTY TO ALL LOCAL BUILDING CODES TO BE SUBMITTED TO THE FRANKLIN COUNTY TREASURER BY Friday, May 26, 2023 AND FAILURE TO SUBMIT SAID CORRECTIVE ACTION STATEMENT IS GROUNDS FOR DEFAULT AND WILL RESULT IN FORFEITURE OF DEPOSIT.