ONLINE ABSOLUTE AUCTION

Starting: Mon. Dec. 11th @ 5:00 p.m.

Starts Ending: Mon. Dec. 18th @ 5:00 p.m.

Real Estate & Kia Automobile

Owner:  Thomas R. Hopper Estate - Nella Gilkison, Administratrix                                                                    

Terms: 10% buyers premium will be added to all final bids to determine purchase price.  Real Estate: 10% of purchase price (sold price plus buyer's premium) is due within 48 hrs. of auction close.  Down payment is non-refundable. Balance due in 30 days, at closing, on or before Wed. Jan. 17, 2023.  Personal Property:  Full payment due day of pickup. 

Personal Property Payment/Pickup: We accept cash, good check or credit/debit card (with 3% convenience fee).  We do not charge the credit card on file - if paying with a card, please present it at pickup.   Notes:  Our auctions feature staggered closings.

Contingencies: Property (real and personal) is selling as-is, where-is.  No financial contingencies. 

All of our online auctions utilize a staggered closing, meaning that the older (lower numbered) lots will end earliest, starting at appx. 5:00 or later. If a bid is received in the final 2 mins. of the lots estimated ending time, the bidding time on that lot and any associated lots will be extended by that same amount of time. Bidding will end for those lots when no more bids are received during the countdown/ending process. This means that a lots bidding window can be extended, the same as a "live" auction - as long as bids are being placed, those lots will remain open. For more info on this go to our website and click on "FAQ" located at the bottom of the page. Information for bidding procedures, etc. is located on the left.

TERMS, CONDITIONS AND DISCLAIMER



1.    ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY THE AUCTIONEER. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER. 


2.    
IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION. 


3.    
NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. 


4.    ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER. 



5.    THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER'S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES. 



6. THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER. 



7. BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY EACH INDIVIDUAL AUCTION COMPANY AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THE TERMS AND CONDITIONS OF EACH INDIVIDUAL AUCTION COMPANY INVOLVED AS WELL AS THESE TERMS AND CONDITIONS. 



8. ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER. 



9. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED. 


10. TIME SHALL BE OF THE ESSENCE. 



11. THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED BY THE AUCTION COMPANY, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER. 



12. THERE SHALL BE NO RETURNS OR EXCHANGES. ALL PROPERTY IS SOLD "AS-IS". IT IS THE BIDDER'S RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED. 



13. VENUE & JURISDICTION OF ALL DISPUTES. ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING FROM THIS AUCTION SALE SHALL BE IN THE STATE COURT OF COMMON PLEAS IN FLEMING COUNTY, KENTUCKY.

14. CHOICE OF LAW: THE LAW OF THE STATE OF KENTUCKY SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE. 


15. BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP OF ANY NATURE OR TYPE, AGENT, EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE, IS CREATED BETWEEN BIDDER AND AUCTIONEER, AFFILIATED AUCTION COMPANIES, AFFILIATED SOFTWARE COMPANIES AND/OR ANY SERVANT, AGENT OR EMPLOYEE OF THE SAME BY BIDDER'S PARTICIPATION IN THIS AUCTION. 



16. BIDDER ACKNOWLEDGES AND AGREES THAT AUCTIONEER IS ACTING SOLELY AS THE AGENT FOR THE SELLER IN THIS AUCTION. 



17. DISCLAIMER OF WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


18. I AGREE TO RECEIVE EMAILS FROM MARKNET ALLIANCE REGARDING UPCOMING AUCTIONS.

Pickup of Car: By Appointment, during the week of Dec. 18th.  Payment to be made at the office (4565 Maysville Rd., Flemingsburg).  Transfer to occur at the courthouse with applicable taxes being paid at the time of transfer.