A. Description of the Property. Any description of Property subject to Auction has been provided by the Seller, and is given solely for identification purposes. No description of Property given on the website creates any representation or warranty, express or implied, by the Seller.
Any information provided by the Website regarding sizes, floor plans, square footage and/or bedrooms/bathrooms for the Properties is based only upon information provided by the Seller. Actual sizes, floor plans, square footage and/or bedroom/bathrooms may vary. The Seller shall not be liable for any allowance, adjustment or revision in value of the Property based upon the failure of the Property, its appliances, or its floor plan to conform to any specific standards and every Person is urged to verify such information independently.
B. Inspection Indemnity. In connection with any necessary investigation, inspection or due diligence conducted on the Property by a prospective acquirer, Bidders, Highest Bidders and/or Winning Bidders, or any Person acting on their behalf, you agree, and agree to cause such Persons to agree to: (1) keep the Property free and clear of liens; (2) repair any and all damage arising from such inspection; and (3) indemnify, defend and hold harmless Seller (including the Website), its affiliates and their respective directors, officers and employees from all claims, demands, damages, expenses, fees, penalties, fines, liabilities, and/or costs arising directly or indirectly from acts on the part of Bidders, Highest Bidders, Winning Bidders or any Agents thereof. Bidders, Highest Bidders, Winning Bidders, and their Agents shall maintain and keep in their possession policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any inspection prior to the close of the transaction.
C. Information Review. Before you bid on a Property, please review the Website (www.ownaninjabe.com/assetsale) and all available information and documentation pertaining to such Property including www.ninjabe.com. We suggest that you scrutinize the public records and all other resources whereby information relating to the Property is available.
By participating in the Auction, Bidder represents to Seller that he/she/it has conducted all necessary research and due diligence that Bidder deems appropriate or necessary to bid on the Property and that Bidder has sufficient resources or financing options to purchase the Property.
Note that during the Auction, bidding activity may occur in the final moments of the Auction. If any Bidder bids in the last five minutes of the bidding period, the deadline will extend by five minutes. The bidding period will automatically extend for successive five minute periods until five minutes pass with no new bids placed. At this point, the bidding period closes.
D. Properties are Sold Subject to Seller Approval. Unless otherwise noted in the Property Details Page for a particular Property, the Highest Bid at Auction will be subject to, and contingent upon, the Seller approving the purchase. Upon the close of an Auction, the Highest Bid is submitted to the Seller for consideration and approval. The Seller has the option to accept or deny, at its sole and absolute discretion, the Highest Bid within three (3) calendar days of the Auction's conclusion.
Thus, even if you secure the Highest Bid at the Auction, you may not be designated as the Winning Bidder. If the Seller does not approve the Highest Bid, you will not become the Winning Bidder and instead are the Highest Bidder. In the event that you are the Highest Bidder, you will not be eligible to purchase the Property unless the Seller expressly accepts the bid and the Seller acknowledges the Highest Bidder as the Winning Bidder. Note that prior to determining the Winning Bidder, Seller may opt to negotiate with the Highest Bidder and/or consider and accept the bids of other bidders.
E. Sales Prior to Auction Event. Pre-Auction offers may be submitted by clicking the “Make Offer” box on the Property Details Page, and all such offers received will be communicated by the Seller's Broker to the Seller, who may accept or reject any such offer in its sole and absolute discretion. Pre-Auction offers may also be made directly to the Seller's Broker. All Pre-Auction offers must be made a minimum of 72 hours before the start of the Auction Event. Offers not accepted by Seller 24 hours prior to the Auction Event will be deemed rejected. In the event the Seller accepts any such offer, the Purchase Agreement shall be the same as if the Property is purchased during an Auction (including use of the Auction Addendum). In the event Seller rejects any offers submitted prior to the Auction, such pre-Auction offers will not be utilized during the Auction of the Property. Instead, prospective purchasers who submitted offers during pre-Auction will need to register for the Auction Event featuring the subject Property if they wish to attempt to bid on the Property during the Auction. All sales of Properties, including those made prior to an Auction, are subject to all terms and conditions of this Agreement.
F. Winning an Auction. If the Seller expressly accepts your bid and you are acknowledged as the Winning Bidder, you will have earned the right to purchase the particular Property that was the subject of the Auction, subject to the remaining requirements in this Agreement for completing the purchase. You will be contractually obligated to purchase the Property.
Upon being deemed the Winning Bidder, the Purchase Agreement and certain other documents will be forwarded for signature. The Purchase Agreement contains the exact terms and conditions of the sale. The Winning Bidder must agree to be bound by all terms, provisions and conditions of the Purchase Agreement and the related conveyance documents, if any, for each particular Property.
If the Winning Bidder does not complete and execute the Auction Addendum provided by the Seller within four (4) hours after being notified as the Winning Bidder following the completion of the Auction, the Seller can declare the Winning Bidder to be in default. In the event of a declaration of default, the Winning Bidder’s bid shall be null and void. If the Winning Bidder’s bid is null and void, such Bidder shall forfeit the right to purchase the Property. If the Winning Bidder’s bid becomes null and void, the Seller reserves the right to put the Property into another Auction and/or declare another Bidder as the Winning Bidder.
Seller may withdraw the Property at any time prior to the Seller's execution of the Purchase Agreement for any reason.
Seller does not perform lending or financing services. Nothing in this Agreement shall be construed as a commitment or agreement by or on behalf of Seller or a lender to provide lending or financing services to any Winning Bidder. All sales are FINAL, and require CASH transaction.
The Seller reserves the right to require Winning Bidders who intend to use cash to complete their purchase to provide proof of sufficient acceptable qualifying funds to cover the transaction (examples of such proof include, without limitation, a bank statement and/or investment statement evidencing semi-liquid assets, such as stocks or bonds
Bidder's notes inserted do NOT change terms of Auction.