Terms & Conditions:
This is a cash sale, which means potential buyers must have their financial arrangements secured prior to bidding. There will be no buyer contingencies offered or accepted for financing, inspections, or appraisals. Immediately upon the conclusion of the auction, the successful bidder(s) will be required to sign a real estate purchase contract and to deposit with RE Broker/Auctioneer, a non-refundable earnest payment of 10% (ten percent) of the total purchase price. The non-refundable earnest payment will be made payable to the closing agency, Titles of Dakota, Winner, SD
All prospective buyers that have no prior real estate purchase/business history with Dan Clark Auction & Realty, LLC shall be required to submit a letter of credit or proof of funds from an FDIC insured lending institution or financial services company prior to being approved to bid. Dan Clark Auction & Realty, LLC and the Sellers shall have absolute discretion and authority to qualify or not qualify potential bidders. If you have any questions as to your ability to bid, contact our office 24 hours before the auction.
Balance of the purchase price is due in certified funds at closing on or before February 14th, 2025. The buyer(s) will take full possession after final payment at the date of the closing.
Conveyance of marketable title will be transferred by Trustee’s Deed, free and clear of liens but subject to easements, reservations, and exceptions of record as well as statutory rights of way and other recorded easements at the time of sale. The owner’s title insurance policy will be provided to the buyer for examination prior to the auction. The cost of title insurance and closing fees will be divided equally by 50% buyer & 50% seller.
These properties are being sold in the matter that creates the largest return to the Owners and also, it’s being sold subject to the Owner’s confirmation.
This property is sold AS-IS / WHERE-IS. Property is being sold by legal descriptions only. Should a property survey become necessary, it will be at the buyers’ expense. Seller(s) do not warranty or guarantee the property boundaries are accurate. Any new boundary survey will be the responsibility of the Purchaser, pursuant to South Dakota statutes. All mineral rights (if any) owned by Sellers will be transferred to the Buyer(s).
This property will be offered at the live auction for _X_ amount of dollars per acre times the taxable acres, equals (=) total dollars $__________________.
This property will be sold by the acre, based on the acres as stated on the county tax records, with the acres understood to be “more or less”.
2023 Real Estate taxes due and payable in 2024 will be paid by the Seller. 2024 Real Estate taxes due and payable in 2025 shall be prorated to the date of the closing, based on the most current county information.
DISCLAIMER:
Property information provided was obtained from sources deemed reliable, however, the Seller(s) and Broker/Auctioneer are not making any guarantees to its accuracy. Each potential bidder shall be responsible for conducting, at their own risk, independent inspections, inquiries, and due diligence concerning the property. The sellers make no warranty whatsoever for the property and specifically disclaims all warranties of fitness for a particular purpose or any warranty. Property sells in AS-IS Condition. Potential buyers are encouraged to conduct both on-site and off-site inspections of the property to the extent deemed necessary and rely upon their own pre-auction inspection when bidding.
The Auctioneer may accept absentee, phone or internet bids from bidders who cannot attend the auction. Bidding remotely does not guarantee anonymity. Video and audio recording devices will be in use during the auction which may be broadcast via the internet or used in other places. The winning bidder(s) acknowledges that they are representing themselves or have hired representation using their own financial means to complete the auction sales transaction.
Dan Clark, Broker/Auctioneer and Dan Clark Auction & Realty, LLC Brokerage Firm and all associated licensees are acting as agents for the Sellers and will be representing only the Seller’s interest in this transaction.
Statements made day of sale take precedence over all written material. This property is being sold subject to the confirmation of the Sellers.
NO Buyers Premium at the auction.
The laws of the State of South Dakota govern this agreement. Any dispute arising from the terms of this auction shall be brought in a court of Tripp County, South Dakota.