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GARLAND COUNTY ABSOLUTE PERSONAL PROPERTY AUCTION
2004 Stardeck Boat ~ 1979 Sea Nymph ~ 1995 Ford F150 XLT Truck ~ Canadian Lighthouse Yard Decoration ~ Shotguns ~ Revolvers ~ Antique Sword ~ Tools ~ Snapper Mower & Much More ~ EVERYTHING IS SELLING REGARDLESS OF PRICE TO THE HIGHEST BIDDER!
PARTIAL LIST OF PERSONAL PROPERTY: 2004 Stardeck Fishing Deck Boat w/ 140HP 4-Stroke Suzuki & Trolling Motor ~ 1979 Sea Nymph 35HP Johnson on Trailer ~ 1995 Ford Ext. Cab F150 XLT w/ 135,000 Miles ~ Canadian Lighthouse Yard Decoration ~ Antique Ithaca 16 Gauge Pump Shotgun ~ S&W 357 Revolver ~ S&W 38 Special ~ Savage .410 Single Shot Shotgun ~ Kitchen Full of Small Appliances, Cookware & Dishware ~ Complete 8 Place Setting & All Service Pieces (Approx. 200 Pcs.) Clay Art ‘Caliente’ Pattern Hand Painted StoneLite Clay China ~ Yard Tools of All Types ~ Camping Accessories ~ Antique Trolling Motor ~ Battery Charger ~ Tools of All Varieties ~ Antique Bassinet ~ Antique Sword ~ Air Compressor ~ Pressure Washer ~ Snapper Riding Mower ~ Folding Chairs ~ Ladders ~ Shop Vac ~ Fridge & Much More! ~ REMEMBER, EVERYTHING IS SELLING REGARDLESS OF PRICE ON AUCTION DAY!
INSPECTION: Doors Open & Auctioneers will be On-site at 8:00 a.m. on Auction Day.
TERMS: Cash, Check & Major Credit Cards Accepted Day of Auction ~ 10% Buyer’s Premium.
Click here to view the Real Estate Listing
Wilson Real Estate Auctioneers, Inc., an Arkansas corporation headquartered at 929 Airport Road, Hot Springs, Arkansas 71913 (telephone 877-243-2289 or 501-624-1825 and facsimile 501-624-3473) and its Arkansas broker, Joe R. Wilson (“Broker”) whose address is 929 Airport Road, Hot Springs, Arkansas 71913 (these parties collectively “Auctioneer”) have contracted with (“Seller”) to offer to sell at public auction (“Auction”) certain real property (“Property”). These terms, plus any additions, deletions, and/or revisions announced by Auctioneer before the commencement of the Auction, represent the exclusive terms for the Auction (“Terms of Auction”).
- AGENCY: Auctioneer is acting exclusively as an agent for Seller and not as an agent for any Bidder or Buyer. No third-party broker is acting as a sub-agent of Auctioneers.
- PROPERTY: The Property is described in the Property Information Packet (“Information Packet”), a copy of which is available from Auctioneer and posted at the Auction.
- DUE DILIGENCE: Seller and Auctioneer do not attempt to provide Bidder with all of the information Bidder may need to make an informed decision about the Auction and Property. Bidder should obtain professional advice and conduct due diligence on the Property, title commitment (available from Auctioneer and posted at the Auction), surrounding area, all information provided by Seller or Auctioneer, “Property Information Packet” (available from Auctioneer, online at www.wilsonauctioneers.com, and posted at the Auction), public records, Terms of Auction, Auction, Sale Contract, transaction contemplated, and all circumstances, defects, facts, issues, matters, problems, and other relevant matters (collectively “Property Issues”). All information provided by Auctioneer came from Seller and is believed to be accurate, but neither Seller nor Auctioneer guarantees, represents, or warrants its accuracy or completeness and Bidder should not rely upon it without independent inspection and verification from sources Bidder knows to be reliable. Seller and Auctioneer are not required to update any information provided or published and shall have no liability on any basis for failing to do so.
- DISCLAIMER: Participation in the Auction is at Bidder’s sole risk and Seller and Auctioneer, plus their agents, contractors and employees, shall have no liability on any basis. The Property will be offered in “AS IS, WHERE IS” condition. To the fullest extent allowed by law, Seller and Auctioneer unconditionally disclaim any guarantee, representation, or warranty of every kind, whether expressed, implied, or statutory, whether oral or written, whether past, present, or future, with respect to all Property Issues, except as expressly provided in the Terms of Auction and the Sale Contract.
- DISCLOSURES: The Property will be offered for sale and conveyed subject to all conditions, covenants, deeds, easements, reservations, restrictions, right-of-ways, title exceptions and matters of record. Maps, depictions and sketches in any materials related to the Property are for illustration purposes only and Seller and Auctioneer do not guarantee, represent, or warrant their accuracy or completeness, Residential dwellings built prior to 1978 may include lead-based paint. Buyer of such property must immediately execute a “Lead-Based Paint Waiver” in favor of Seller to be made part of the Sale Contract, thereby waiving Buyer’s right to conduct any risk assessment or inspection for lead-based paint hazards. Every Bidder should read and understand the lead hazard information pamphlet provided and the “Lead Warning Statement” in the Sale Contract.
- REGISTRATION: Any competent adult with a satisfactory photo identification who properly registers and complies with the Terms of Auction may bid. Auctioneer may refuse to register or expel any person who is disruptive, noncompliant, or previously caused a problem for Seller or Auctioneer. Bidder must present a cashier’s check in the amount specified under “Terms on Real Estate” to Auctioneer at registration. This must be in the form of cashier’s check, made payable to Bidder. Any person intending to bid on behalf of another must present Auctioneer with an executed, enforceable, recorded and unexpired power of attorney which is subject to Auctioneer’s approval. The requirements for Bidder registration may be waived by Auctioneer with respect to any Bidder, without waiving same for any other Bidder. By registering, Bidder acknowledges receipt of the Terms of Auction and access to the Sale Contract and unconditionally and irrevocably agrees to be bound by both.
- BUYER’S PREMIUM: A ten-percent (10.00%) buyer’s premium shall be in effect for the Auction and added to the amount of the highest bid to arrive at the selling price for the Property (“total contract price”).
- AUCTION: Auctioneer’s discretion includes, but is not limited to, the auction method, bid-calling, bid increments and determining the buyer. The decision of Auctioneer is final regarding all matters that arise before, during, or after the Auction. Seller shall not bid. Bidder shall not retract any bid. Bidder’s purchase shall be considered a single transaction whether of the whole or a fraction of the Property. The sale of any fraction of the Property shall not be contingent upon the sale of any other portion thereof, whether purchased by the same Buyer or not.
- SALE CONTRACT: This is a cash sale and not contingent upon any matter, including Buyer obtaining financing. Buyer shall immediately execute the Sale Contract and all related documents presented by Auctioneer to bind Bidder and Seller to the sale of the Property. Any Buyer purchasing on behalf of a business or arm of government (“artificial person”) shall immediately execute the Sale Contract in both the artificial person’s and buyer’s names, until such time as the artificial person presents Auctioneer with acceptable, written evidence of the artificial person’s good standing in its state of formation, plus written authority, in a form acceptable to Auctioneer, agreeing to be bound by the Sale Contract. The Terms of Auction are incorporated into the Sale Contract which defines the entire agreement between Seller and Buyer. The Terms of Auction complement the Sale Contract and, in the event of any conflict between them, the Sale Contract shall control in all instances. Buyer shall execute the Sale Contract and no addition, deletion, or revision shall be permitted.
- DEPOSIT: Buyer shall immediately pay to Wilson Real Estate Auctioneers, Inc. a cashier’s check in the amount specified under “Terms on Real Estate”. If for any reason Buyer fails to timely execute the Sale Contract or pay the deposit, Seller has sole discretion, to: (a) pursue all legal and equitable remedies available against Buyer, or (b) declare Buyer’s bid to be immediately forfeited, null and void, without any requirement of notice, and immediately re-sell the Property to another buyer.
- ARBITRATION: Any action, claim, controversy, counterclaim, dispute, or proceeding arising out of the Property Issues and involving Seller, Bidder, Buyer, or Auctioneer, in any combination, whether controlled by federal or state law, and whether an issue of law or equity, including the determination of the scope and applicability of this agreement to arbitrate, shall be determined and resolved exclusively by final and binding arbitration, with no appeal permitted, except as provided by applicable law for the judicial review or enforcement of arbitration decisions. The arbitration shall be administrated by Judicial Arbitration and Mediation Services, Inc., or its successor, and decided by a panel of three (3) independent arbitrators. Judgment on the arbitration award may be entered in any court having jurisdiction. The parties waive the right to any legal action and trial by jury. The costs of arbitration, including the fees and expenses of the arbitrators, but not including the parties’ attorneys’ fees, shall initially be paid equally by them. The prevailing party shall be entitled to collect from the other its full costs associated with the arbitration, including reasonable attorneys’ fees. All aspects of any arbitration shall be permanently kept confidential and not disclosed in any form or manner to any entity, media, or person, and the parties shall jointly move the court entering judgment on the arbitration award to so order. Any arbitration must be commenced within two (2) years from the date when the cause of arbitration accrues, or it will be forever barred. The right of arbitration shall accrue, and the two (2) year limitation period shall begin to run on the date the breach, damage, or injury is sustained and not when the resulting damage or harm is discovered.
- CHOICE OF LAW, JURISDICTION AND VENUE: Any Auction matter shall be exclusively construed and governed in accordance with the laws of the State of Arkansas without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the parties shall be the County of Garland in the State of Arkansas.
- MISCELLANEOUS: The Terms of Auction shall bind Bidders and their agents, assigns, attorneys, beneficiaries, brokers, directors, distributes, employees, executors, heirs, legatees, officers, representatives, shareholders and successors in interest. No deletion, modification, supplement, or waiver of any provision of the Terms of Auction shall be made, except by Auctioneer’s written revision or announcement at the Auction.
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A 15% Buyer's Premium will be applied to the high bid.
Pick up is Tuesday, August 20th, 2019 from 2 PM to 5 PM at 961 Paul Drive, Conway, AR 72034
Terms & Conditions
Everything in lot must be removed or your card will be charged a clean out fee penalty.
Buyer to pay for all applicable transfer taxes. Registration requires a valid credit card to confirm your identity. A confirmation that you have at least $1.00 will be required. WE DO NOT charge for registration. This card will only be charged if you are a winning bidder on any item(s).
Payments are made by Visa, Mastercard and Discover only, unless prior arrangements have been made with the Auctioneer. THERE WILL BE A $25.00 CHARGE ON ALL DECLINED CREDIT CARDS.
All transactions will be charged immediately following the auction using the credit card on file (given at time of registration) Wilson Real Estate Auctioneers, Inc. will attempt to collect by charging the credit card on file for the full amount or any amount less than the purchase price. No item will be released until satisfactory U.S. funds have been received.
Currency Type: USD
All shipping arrangements are the sole responsibility of the Buyer. Please research your shipping options before bidding on the items. Also, please be aware of the scheduled pick up dates/times and plan accordingly.
The auction company is not responsible for lifting, loading, packing or shipping. Please make sure you bring enough people to help you package and load your items. Any items left after day designated, as “checkout” will be considered abandoned and all rights will be forfeited. Please be aware of the scheduled check out date and time.
Staggered End Time: Multiple lots will close each minute so the auction ending is staggered to allow for this to occur.
Soft Close Ending: Lots may remain open for bidding if bids are placed in the last minutes before that lot closes. Bidding will close once 5 minutes has passed with no new bids being received.
Conditions: All information contained herein is deemed to be from reliable sources. However, neither the Auctioneer nor the Seller guarantees this information to be correct. We reserve the right to add or delete. Please inspect the property and bid accordingly. By bidding, you, the Bidder/Buyer, certify that you have either closely examined the item(s), have chosen to not examine the item(s), or have hired an independent agent to examine the item(s)for you. The Auctioneer represents the Seller in this transaction. All announcements made online or via any communication medium shall take precedence over all other information.
Purchases become the responsibility of, and shall be, and remain at the risk of the purchaser immediately upon acceptance of his/her bid. It shall be the responsibility of the purchaser to insure his/her purchases immediately if applicable.
No sale shall be invalidated by reason of any defect or inaccuracy in any of the lots by reason of their being incorrectly described in the listing or elsewhere and no liability shall be borne by the Auctioneers in respect of any such fault or errors. This listing has been prepared only as a guide based on information from sources generally believed to be reliable, but the accuracy thereof cannot be guaranteed or warranted by the Auctioneers. Bidder acknowledges that it is their responsibility to inspect all items and to make his/her own inquiries.
There are no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever by the Auction Company. Bidder agrees that everything is sold "AS IS, WHERE IS" and that they may not return any item purchased. The property being sold may be either New or Used. We make no representation or warranty for any of the lots, which are the subject of the auction.
This listing with pictures is only a guide and may not be accurate in anyway. Please inspect the items prior to bidding. All sales are final. We reserve the right to put a hold on your account for an amount up to the amount of your bid prior to the end of the auction.
Bidders who bid understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. The auction company shall endeavor to describe in detail each item and any pertinent information about it however, we will not be responsible for any error or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself.
The auction company reserves the right to refuse service to any person.
We will not be responsible for loading, packaging or shipping or during the checkout period. Please make sure you bring enough people/supplies to help you load. WE WILL NOT LOAD ANY ITEMS - THIS IS THE BUYER'S RESPONSIBILITY.
Wilson Real Estate Auctioneers, Inc.
929 Airport Road, Hot Springs, AR 71913
AAL# 4 PB#0000481