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Terms and Conditions of the Auction

INTERNET TERMS (in addition to standard terms below):

1. 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. All persons attending the auction shall be required to sign a copy of these Terms and Conditions of the Auction and by executing the Terms and Conditions of the Auction, they agree to the conditions contained herein, acknowledge that they understand them, and that these terms may not be enlarged, diminished or otherwise modified by any officer or employee of the County of Onondaga. 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. Completed documents must be received by auctioneer/broker no later than 4:00PM on October 7, 2024, 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 Onondaga 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. This tax auction will be conducted ENTIRELY ONLINE and is held pursuant to Resolution #433 of the Onondaga County Legislature.
2. No person or organization can bid on properties at the auction if they, or a corporation or company they are affiliated with:
   1. Are the property owner or acting as an agent or representative of the owner;
   2. Owe property taxes (current year or prior year) to Onondaga county. All tax liabilities must be paid prior to the auction in order to bid;
   3. Have had a breach of contract with Onondaga County; or
   4. Are an employee of the County of Onondaga or the currently contracted auction company.
3. For purposes of these Terms and Conditions, a parcel shall be defined as a section, block and lot number.
4. Notice is hereby given that the premises being sold may lie within an Agricultural District as designated upon the tax map. In addition, the premises being sold may be subject to a NYS DEC Forest Management Plan. It is the sole responsibility of any bidder to ascertain which specific parcel(s) is so designated and sold subject to the provisions of law applicable thereto.
5. Bidder acknowledges receipt of the pamphlet entitled “Protecting Your Family From Lead in Your Home.” Bidder also acknowledges that he/she has had the opportunity to conduct a risk assessment of the premises for the presence of lead-based paint, lead-based paint hazards, mold, asbestos or any other hazardous substances.
6. All Bidders are advised to thoroughly research the premises, including, but not limited to, an examination of title and review of any Town/Village records for the premises prior to the date of the auction. Upon delivery of the quitclaim deed by the County of Onondaga to the successful purchaser, any and all claims with respect to title or condition of the premises are merged in the deed and do not survive.
7. Conveyances are subject to Federal and State Tax Liens. It shall be the sole responsibility of a bidder to undertake the necessary research to establish which parcels, if any, are burdened with a Federal and/or State Tax Liens.
8. No personal property is included in the sale of any of the parcels. Personal property, if any, found on the premises is not owned by the County and is not part of your purchase. It shall be your obligation to notify and provide the owner with an opportunity to remove the personal property from the premises, after the recording of the deed.
9. 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. They are neither a guarantee nor a warranty as to location, dimensions, parcel use and/or size, or anything else. THE COUNTY, THE AUCTIONEER, AND THE BROKER MAKE NO WARRANTY EXPRESSED OR IMPLIED IN CONNECTION WITH THIS SALE, except that the County has complied with requirements of New York State Law regarding the Tax Foreclosure proceeding.
10. All real property, including any buildings thereon, is sold “AS IS” and without any representation or warranty whatsoever as to the condition, title, existing zoning violations, structural integrity of any structure, the environmental condition of any property/structure, or the ability of a bidder to obtain title insurance on such property(ies). Representations and property descriptions contained in the auction brochure, or website, or made verbally prior to or during the auction, are for informational purposes only, and should not be relied on by any bidder. It is the responsibility of the bidder to have located, viewed and researched the properties. Onondaga County suggests that each bidder inquire of the town zoning or building code officer as to any existing violations or restrictions on the property.
11. The Chief Fiscal Officer reserves the right, in its sole discretion, to withdraw from the auction any of the properties listed on the schedule of real property, at any time. The Chief Fiscal Officer, has sole discretion to make decisions concerning the conduct of the auction, prior to and during the auction, including, but not limited to the method of sale for each parcel or groups of parcels.

AT THE AUCTION

12. All bidders are required to register and provide suitable personal identification, such as a driver’s license or passport, at registration. Auctioneer reserves the right to decline registration if identification is not sufficient. Incorporated entities (Inc., Corp., LLC, etc.) are required to provide a corporate resolution, authorizing the purchase of real property, prior to the transfer of title. [Incorporated entities (Inc., Corp., LLC., 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.]
13. A bidder may not bid on behalf of a party who is on the prohibited bidder list. A party will be added to such list if he has defaulted in payment of a purchase price, or taxes following a purchase. Previously defaulting parties are not allowed to bid.
14. All required deposits must be paid in full for all successful bids immediately upon being declared the successful bidder. Any successful bidder, who fails to tender the deposit, will be forbidden to participate in this or any other auction. Any parcels which the County did not receive deposits for, as per these terms and conditions, will be considered to be defaulted, and the bidder will be disqualified from further bidding. Furthermore, upon a default in payment for any one parcel, either during the auction or subsequent thereto, the bidder shall not be permitted to purchase any other parcel(s) bid on, and any deposit monies paid thereon will be forfeited to the County.
15. In the event the bidder fails to pay the required deposit at the auction, or the bidder/purchaser fails to consummate the closing of title after the auction, and, in either event the County re-sells the property but receives a lower bid, then the County shall have a cause of action against the defaulting bidder for money damages for the difference.
16. The terms “bidder”, “highest bidder”, and “successful bidder” shall all have the same meaning.
17. Successful Bidder shall provide information necessary to complete, and shall execute the necessary forms and documents required for recording the deed in the Onondaga County Clerk’s Office. The bidder executing the auction terms and conditions of sale may not assign or otherwise transfer his right to complete the bid. The deed will be prepared in the name of the successful bidder (and spouse) only. Any changes to the owner of record shall be the responsibility of the successful bidder after the deed is recorded.  No third-party bidding will be accepted, unless the bidder identifies that he is bidding as an agent for a disclosed principal, or unless the bidder is a lawyer.
18. The auctioneer and/or Onondaga County shall have the authority to resolve any disputes which may arise between bidders and may immediately re-offer the parcel for sale to the highest bidder upon resolution of disputes.
19. A. The Successful Bidder shall be responsible for the payment of a ten percent (10%) buyer’s premium for credit card and seven percent (7%) for cash or guaranteed funds, in addition to the accepted purchase price. The “buyer’s premium” is the fee/commission earned by the auctioneer. Accepted purchase price is the amount bid by the highest bidder. B. GUARANTEED FUNDS MUST BE RECEIVED AT AUCTIONEER’S OFFICE LOCATED AT 45 SOUTH AVENUE, PLEASANT VALLEY, NY 12569 NO LATER THAN MONDAY, October 7, 2024 AT 4PM TO RECEIVE 7% BUYER’S PREMIUM. NO EXCEPTIONS.
20. At the time the premises are struck down, the successful bidder will be required to pay 20% or $10,000 of the total contract price (total contract price is the combination of the high bid and the buyer’s premium, as defined in paragraph 19 of these terms and conditions), whichever is higher, as a down payment on the day of the auction. Total contract prices selling for $10,000.00 or less must be paid in full at the auction, including amount of the bid, plus buyer’s premium and a $250.00 administrative fee. Such sum is NON-REFUNDABLE and will constitute the, or a portion of the, Sale Price. All deposits must be made by credit card (Master Card, Discover Card or Visa), cash or guaranteed funds (bank check/tellers check/cashier’s check) payable to the “Onondaga County Treasurer” and drawn on banks insured by the Federal Deposit Insurance Corporation (FDIC). No exceptions. Wire transfers will not be accepted. In such event that a charge back is initiated by Purchaser and that such attempt is upheld in favor of Auctioneer/ Onondaga 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).

AFTER THE AUCTION

21. All bids shall be subject to approval by the Onondaga County Chief Fiscal Officer, who shall have the right to reject any bid for any reason whatsoever.
22. The entire balance of the accepted purchase price, the buyer’s premium, as defined in paragraph 19 of these terms and conditions, and $250 administrative fee must be paid by cash or guaranteed funds payable to and received by the Onondaga County Treasurer’s Office on or before October 16, 2024. 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 required to file the deed, the purchaser forfeits their rights to the property and will not receive a refund.
23. All parcels for which you are the highest bidder must be paid pursuant to these Terms. There will be no selective closings. Failure to remit full payment on all parcels for which you are the successful bidder will result in a forfeiture of all monies tendered, and you will not be permitted to close on any other parcels for which you were the successful bidder.
24. If the successful bidder fails to tender such amount due by the close of business on October 16, 2024, then the County may, but is not obligated to offer any unsold property to the second highest bidder. All terms and conditions for the sale set forth herein above shall apply to the second highest bidder and/or any other purchaser.
25. Buyer, by signing the Contract of Sale, agrees to indemnify and hold harmless Onondaga County, Absolute Auctions & Realty, Inc. to the extent permitted by law, from and against any and all liability, suits, consent orders, administrative actions and claims, including reasonable attorney’s fees, arising from the environmental condition of and/or the application of environmental law to the property including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; the Resource Conservation and Recovery Act as amended, 42 U.S.C. Section 6901 et seq.; the Toxic Substance Control Act, as amended, 15 U.S.C. Section 2601 et seq.; the Clean Air Act, as amended, 42 U.S.C. Section 1857 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.; the Federal Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq.; the New York State Navigation Law, and the laws, rules, regulations and ordinances of the U.S. Environmental Protection Agency, New York State Department of Environmental Conservation, the County and State in which the Property is located and of all other agencies, boards, commissions and other governmental bodies and officers having jurisdiction over the Property or the use or operation thereof, or any breach of these terms.
26. All sales shall be final, absolute and without recourse once title has closed and the deed has been recorded. In no event, shall Onondaga County and/or Absolute Auctions & Realty 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, arising from this sale and conveyance.
27. The County will not grant access to the buildings located on the premises for the purpose of inspection of the condition or for any other purpose. The successful bidders shall have NO right of inspection prior to recording of the Deed, as all properties are sold “as is” as of the date of the recording of title.
28. 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 or as corrected up to date of deed. The deed will be recorded by the County upon payment in full of the accepted purchase price, buyer’s premium, and closing fees/costs. It is UNLAWFUL to exercise any acts of ownership until the Deed is recorded. POSSESSION OF PROPERTY IS FORBIDDEN UNTIL THE DEED IS RECORDED WITH THE ONONDAGA COUNTY CLERK CONVEYING TITLE TO THE PURCHASER. TITLE VESTS UPON 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.
29. A quitclaim deed issued as a result of the auction shall be subject to the following provisions: (a) Nothing contained in any description therein is intended to convey more than the assessed owner owned at the time of the levy of the tax, the non-payment of which resulted in the tax sale. There is no representation as to the extent of the acreage conveyed herein; (b) the right of the County to reserve therefrom and grant to its Department of Transportation an easement(s) for highway purposes that when measured at right angles from the centerline of the existing highway pavement will be at least forty feet in width and along the entire property that abuts the County road or roads; (c) if the former owner is the grantee herein, or acquire the property within thirty-six (36) months subsequent to the date of the auction, then all liens that were of record when the County took title will thereby be reinstated, automatically by operation of law.
30. Evictions, if necessary, are solely the responsibility of the successful purchaser after recording of the deed.
31. Purchaser shall be responsible for the current 2024/2025 school taxes, 2024-2025 village taxes and other municipal charges levied against the properties, which will be levied into your 2025 County/Town tax bill with accrued penalty and interest. It is the bidder’s sole responsibility to research these obligations and factor in these future costs when placing their bid.
32. The timing of the auction and issuance of tax bills will result in the 2025 Town/County tax bill being issued in the name of, and mailed to the address of, the previous owner. The successful bidder should contact the town Tax

Receiver/Collector for a copy of the bill and/or obtain a copy from www.ONGOV.net/etax.

33. Issuance of a bad check is a Class B misdemeanor under the Penal Law. Any stopped payment checks will be treated as a Breach of Contract.
34. The premises are being sold subject to:
    1. Rights of the public and others in and to any part of the premises that lies within the bounds of any street,               alley, or highway, restrictions and easements of record;
    2. Any state of facts that an accurate, currently dated survey may disclose;
    3. The right of redemption of the United States of America, including any and all liens of the IRS, where                           applicable;
    4. Environmental condition of the property.
35. By acknowledging and executing these Terms & Conditions, the bidder certifies that he/she is not acting on behalf of the former owner(s) of the property against whom Onondaga County foreclosed and has no intent to defraud Onondaga 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 Onondaga County foreclosed within thirty-six (36) months subsequent to the date of the auction. If such conveyance occurs, the purchaser understands that he/she may be found to have committed fraud, and/or intent to defraud, and will be liable for any deficiency between the purchase price at auction and such sums as may be owed to Onondaga County and consents to immediate entry of a judgment by Onondaga County for said amounts (A copy of the within Terms and Conditions executed by the bidder/purchaser shall be attached to and warrant the filling of an Affidavit of Confession of Judgment.)