Terms
Booker2Bid.com Website General Terms
The website address booker2bid.com serves as an online auction bidding platform for a variety of entities including but not limited to: Kincaid Real Estate LLC, B2B LLC, C.D. "Butch" Booker-Idaho Broker for CD BOOKER, Idaho Brokerage, etc.
It is the BIDDER's responsibility to review the auction-specific Terms & Conditions (posted in the auction documents) prior to placing a bid.
Each potential bidder is responsible for his or her own independent inspections, investigations, inquiries and due diligence concerning the property and verification of all presented information on which any bid is based.
The property and improvements, if any, will be offered “AS IS, WHERE IS” for auction to qualified bidders without regard to prospective purchaser’s race, color, religion, sex, marital status or national origin.
By placing a bid, the bidder signifies they have read the detailed Terms & Conditions for that specific auction, and understand and agree to them in their entirety.
All potential bidders must be pre-approved through the booker2bid.com website and have submitted to the appropriate listing brokerage [eg. Kincaid Real Estate, B2B LLC, C.D. "Butch" Booker-Idaho, etc.] : 1) proof of financial ability to close on a purchase and 2) a cashier’s check made payable to the closing agent for the amount of the specified bidder deposit.
Real estate lots will close approximately every 1 to 5 minutes and will vary by auction. The Auctioneer reserves the right to change the length of time lots are open at his/her discretion.
Bidding increments are set at the sole discretion of the Auctioneer.
The auction company may, under certain conditions, bid on behalf of the seller, lien holder and/or pre-approved absentee buyers.
All advertising information was obtained from sources deemed reliable. Although every precaution has been taken to assure accuracy, neither the seller, appropriate listing brokerage [eg. Kincaid Real Estate, B2B LLC, C.D. "Butch" Booker-Idaho, etc.], nor booker2bid.com shall be liable for errors and/or omissions. The seller reserves the right to withdraw the property or any parcel thereof, to postpone or cancel the auction, or to change any terms of the auction upon announcement prior to or during the sale. Announcements made at/during the auction supersede all printed material.
The Broker and/or Auctioneer reserve the right to deny any person admittance to the auction.
GENERAL REAL ESTATE AUCTION TERMS AND CONDITIONS As of June 20, 2023
By participating in a Booker2Bid.com online auction, the bidder agrees to the following terms and conditions: (also available in a downloadable PDF detailed for the specific auction)
1. AUCTION PROCEDURE: The property details listed on the specific auction page. Combination and individual parcel bids can compete. Bidding starts at the Opening Bid indicated and is open to fully registered users and may be viewed by the public. The auctioneer shall determine the bid increments, which may be changed during the auction at his/her discretion. The selling price(s) shall be determined by competitive bidding. A 10% BUYER’S PREMIUM WILL BE ADDED TO THE HIGH BID TO DETERMINE THE TOTAL SALES PRICE. Should any dispute arise between Bidders, the Auctioneer shall have the right to make the final decision to either determine the successful Bidder or to re-offer the property that is in dispute. The auction will be recorded and if any dispute arises, the Auctioneer's sales records shall be conclusive in all respects. The Auctioneer and/or Broker reserve the right to refuse participation from the auction process for interference with auction activities, nuisance, canvassing, or any other reason. The Auctioneer may reject the bid from any bidder deemed unqualified to bid. The Auctioneer is the sole arbiter and controller of the conduct of the auction and shall be the final and absolute authority without liability to any party.
2. PROPERTY INFORMATION: Property information is available (containing but not limited to: a copy of the DRAFT Purchase and Sale Agreements, Terms and Conditions, Preliminary Title Reports, Plat Maps, Law of Real Estate Agency) online at www.booker2bid.com or by contacting the appropriate entity affiliated with the auction: Kincaid Real Estate, or B2B LLC, or C.D. “Butch” Booker-ID Broker, etc.
3. BIDDER REGISTRATION: This Auction is for registered bidders and online viewers. ALL BIDDERS, prior to receiving a bid number MUST: register their name, address, and telephone number ONLINE on booker2bid.com. Photo I.D. (i.e. driver's license) may be requested. Prior to bid approval, Bidder must provide to appropriate entity affiliated with the auction: sufficient evidence (e.g. bank letter or equivalent) that they have adequate funds and/or financing to close on the offered property; and the specified bidder deposit in a cashier's check or PRE-APPROVED company or personal check, made payable to: auction designated closing/escrow agent. If a successful bidder intends to enter into a contract as a husband and wife, business partners, etc., all parties must be available to execute a Purchase and Sale Agreement on or before 2:00 pm the day following the auction. By registering to bid, you represent to Auctioneer that, if you are a natural person, you are at least eighteen (18) years of age and that you are otherwise legally able to enter into a contract. Anyone representing other individuals, estates, organizations, businesses, etc. must provide, at time of registration, legal proof of authority to sign on behalf of the registering entity. All checks not endorsed by winning bidders will be returned to providers in a timely fashion following the close of the auction. The Seller and/or Auctioneer reserve the right to deny bidder approval or expel anyone from the auction process for interference with the auction activities, nuisance, canvassing or other reasons. Those individuals intending to bid online shall register online or contact the appropriate entity affiliated with the auction on or before noon, the day before bidding is scheduled to end. Successful internet bidders agree to complete and return a Purchase and Sale Agreement by 2pm, the day following the auction. All other Terms and Conditions apply to online bidders.
4. TERMS/CONDITIONS OF SALE: The terms and conditions for this sale are set forth in the Purchase and Sale Agreement which will be executed by the successful bidder(s) following the auction. Copies of the draft Purchase and Sale Agreement are available for inspection prior to this event by contacting appropriate entity affiliated with the auction. Cash at closing on or before the auction designated closing date at the office of the auction designated closing/escrow agent.
5. CONFIRMATION OF BID: Successful bidder(s) will be contacted by Broker immediately following the close of the auction to confirm bid amount and to make arrangements for completion of the Purchase and Sale Agreement.
6. AGREEMENT OF PURCHASE AND SALE: The Purchaser shall execute a Purchase and Sale agreement, in the form provided by the auctioneer, without modification, within 24 hours after being declared the high bidder.
7. RIGHT TO ACCEPT OR REJECT: Property is being offered for sale subject to seller acceptance. Seller also reserves the right to accept or reject any and all offers for any reason. However, the sole purpose of this auction is to sell the property. Please be prepared to purchase this property at auction.
8. EARNEST MONEY/DEPOSITS: The successful bidder will be required to provide a minimum earnest money deposit of ten percent (10%) of the purchase price within two days of mutual acceptance of the Purchase and Sale Agreement. Buyer must be prepared to issue a personal check for the balance due in excess of the bidder deposit, to be made payable to: auction designated closing/escrow agent to complete the earnest money deposit requirement. The Purchaser shall pay an amount equal to 10% of the total contract sales price when executing the agreement of purchase and sale. The balance of funds will be due in full at the time of closing on or before December 14, 2021 at Pioneer Title Company, Pullman, WA. YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING, so be sure you have arranged financing, if needed, and are capable of paying cash at closing.
9. ESCROW AGENT: The earnest and purchase monies in respect of the property shall be paid to and deposited with the auction designated closing/escrow agent.
10. CLOSING: The sales transactions must close no later than the auction designated closing date, unless extended in writing by the Seller. Sale will be closed by the auction designated closing/escrow agent. The balance of the purchase price shall be paid at or before closing. The Escrow Agent will schedule and conduct closing.
11. TITLE: Seller shall provide an Owner's Policy of Title Insurance in the amount of the purchase price, and shall execute a Warranty Deed conveying the real estate to the Buyer(s). Seller shall pay the premium of the title insurance policy.
12. CLOSING COSTS: Seller shall pay all customary and usual closing costs paid by Sellers of Real Estate in auction appropriate county & state including title insurance premiums, excise tax, one-half of document preparation, one-half of escrow fees, and pro-ratable items. Purchaser shall pay all customary and usual closing costs paid by buyers of real estate in auction appropriate county & state, including recording fees, one-half of document preparation, one-half of escrow fees, sales or use tax, if any, and pro-ratable items.
13. POSSESSION: Purchaser will receive possession at closing, subject to the rights of parties in possession, if any.
14. AS-IS SALE: With the exception of any warranties of title made to the buyer in the Deed, if any, the Property will be sold in its “AS IS, WHERE IS” condition without any representation or warranty of any kind, whether express or implied, on the part of Seller. Seller shall not be responsible for any claim or damage arising from a misrepresentation about the property made by Auctioneer, unless Auctioneer reasonably made the misrepresentation in reliance on Seller’s written statement about the property. The purchaser shall have satisfied themselves as to the location and condition of the property, and all descriptions thereof, before bidding. All information contained in the brochure and all promotional materials, including, but not limited to, square footages, acreage, dimensions, maps, taxes, etc., was derived from county records and is believed to be correct; however, neither the seller nor the auctioneer makes any guarantee or warranty as to the accuracy or completeness of such information.
15. NO NEW SURVEY: The property will be conveyed according to the existing legal description.
16. ENVIRONMENTAL DISCLAIMER: Seller, Brokers and Auctioneer do not warrant or covenant with Buyer with respect to the existence or nonexistence of any pollutants, contaminants, or hazardous waste prohibited by federal, state or local law or claims based thereon arising out of the actual or threatened discharge, release, disposal, seepage, migration or escape of such substances at, from or into the demised premises. Buyer is to rely upon his/her own environmental audit or examination of the premises.
17. AGENCY DISCLOSURE: The appropriate entity affiliated with the auction: Kincaid Real Estate, or B2B LLC, C.D. "Butch" Booker, ID Broker for CD BOOKER, Idaho Brokerage, or Booker2Bid.com and/or Booker Auction Company are representing the Seller and will be paid by the Seller. Purchaser will be required to acknowledge such agency.
18. ADDITIONAL TERMS AND CONDITIONS: All dimensions and descriptions are approximations only based on the best information available and are subject to possible variation. Bidders should inspect the property and also review all of the pertinent documents and information available at Booker2Bid.com as each bidder is responsible for evaluating the property and shall not rely upon the Seller, Broker, or Auctioneer. The Seller, Broker, Auctioneer, or their agents assume no liability for errors or omissions. The properties herein are being sold subject to federal, state and county laws, ordinances and regulations which may affect the property and its use, including all conditions, restrictions and limitations and other matters of record. “The property is being sold as-is and without any warranties or representations, expressed or implied.” No claim will be considered for allowance, adjustment or rescission based upon failure of the property to correspond to any particular standard or exception. The Auctioneer, at his sole discretion, reserves the right to accept a personal check from a pre-qualified bidder in-lieu of a cashier’s check. Seller, Broker, and Auctioneer have the right to postpone or cancel the auction, in whole or in part, to add or delete properties, at their sole discretion, and to modify or add any terms and conditions of sale and to announce such modifications or additional terms and conditions either prior to or at the auction. Announcements made at the auction will take precedence over printed matter. No phone, fax or emailed bids will be acknowledged on sale day unless prior arrangements have been made with the appropriate entity affiliated with the auction.
19. SELLER'S PERFORMANCE: The seller has agreed to the terms of the sale as published. However, the Broker and Auctioneer make no warranties or guarantees as to the Seller’s performance. All properties are being offered for sale to qualified purchasers without regard to the prospective purchaser's sex, race, color, religion or national origin.
20. FAILURE TO CLOSE: In the event that the successful bidder fails to close for any reason that is not the fault of the Seller, the earnest money shall be retained by the Seller as liquidated damages and divided equally between the Seller and the Broker.
21. DISCLAIMER: The square footage dimensions and acreage amounts represented are based upon information provided by the Seller and are believed to be correct; however, Purchaser and/or Purchaser’s Agent/Broker shall bear the responsibility to confirm all calculations prior to the auction. This offering is not available to residents of any state in which this property is not in compliance with the real estate laws or other laws of that state. The Broker, Auctioneer and/or Auction Company shall not be responsible or liable in any way if the Seller fails to honor any bid, refuses to, or cannot close title in accordance with the winning bid or any contract in respect thereof.
MISCELLANEOUS: All decisions of the auctioneer are final as to the methods of bidding, disputes among bidders, increments of bidding and any other matters that may arise before, during, or after the auction. Seller reserves the right to deny any person the right to participate in the auction or to ban anyone from the auction who attempts to disrupt it. The Broker and/or Auctioneer reserve the right to deny any person admittance to or participation in the auction. The Seller reserves the right to withdraw the property or any parcel thereof, to postpone or cancel the auction, or to change any terms of the auction upon announcement prior to or during the sale. Announcements made at the auction supersede all printed material. All information contained in this brochure was derived from sources believed to be accurate but is not guaranteed.
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, the appropriate entity affiliated with the auction (Kincaid Real Estate, B2B LLC, C.D. “Butch” Booker-ID Broker) reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR the appropriate entity affiliated with the auction SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by the appropriate entity affiliated with the auction.
AGE REQUIREMENT: All bidders must be 18 years of age or older.
KINCAID REAL ESTATE 509-397-4434 kincaidre@colfax.com
B2B LLC 509-397-4451 booker2bid@gmail.com
C.D. “Butch” Booker-Idaho Broker 509-989-2855 cartha@colfax.com
Thank you and good luck bidding!