| 1. |
These properties are offered
together with improvements thereon as is, with no warranty expressed or implied. The
estate and the auctioneer make no representations regarding the properties offered for
sale. Bidders must rely on their own inspections. No termite clearance will
be supplied for these sales. Sold "as is" with no contingencies
whatsoever. |
| 2. |
Sales of these properties are
subject to probate court confirmation. Higher bids may be accepted by the court if
they are made in court and they are in an amount of at least 10% more on the first $10,000
and 5% more on the amount of the bid in excess of $10,000 of the original bid submitted
for confirmation. |
| 3. |
On the day of auction sale, the
high bidder will be required to deposit 10% of the amount of his bid as follows: the
first (see terms & conditions for deposit) in the form of cashier's check; balance of
the 10% deposit may be in the form of personal check. the purchase contract will
require completion of the purchase as follows. |
|
| (a) |
A 45 day escrow shall be opened by the seller at a company
of sellers choice. |
| (b) |
Bidder's deposit will be applied to the purchase price.
Balance of purchase price to be cash. |
| (c) |
Seller will furnish policy of title insurance through
escrow at sellers expense. |
| (d) |
Taxes, rents, fire insurance and interest on encumbrances
will be prorated to close of escrow. |
| (e) |
Escrow fees to be shared one-half by seller, one-half by
buyer. |
|
| 4. |
A real estate broker
who registers a client with the auctioneer 48 hours prior to auction and
attends the auction with his client will receive 50% of the total commission
awarded by the court to the seller's broker less agreed
to advertising & auction expense deduction. |
| 5. |
All descriptions and information
is derived from sources reliable, but no guarantee is expressed or implied.
Announcements made on the day of sale will take precedence. |
GENERAL INFORMATION
If escrow does not close within the 45 days, or within an extension of time
granted by the seller, Probate Code of California Sec. 1050 requires the seller to ask the
probate court to vacate the sale. If the court orders the sale vacated, the law
requires the deposit to be held by the seller until the property has been sold again and
escrow has closed. If the total amount of final sales price, plus the amount of
expenses and fees allowed by the court for vacating the first sale, is less than sales
price of the vacated sale, the difference is paid from the deposit. If the
difference is greater than the deposit, a lawsuit to collect the amount is usually filed. |
| FLANS & WEINER SALES POLICY |
 |
The zoning information contained herein
including but not limited to square footage, zoning and lot size was obtained from sources
believed reliable. However, Flans & Weiner, Inc. makes no representation
as to the accuracy thereof and recommends buyer consult appropriate professionals to
determine same. |
|
|
| The property will be sold in its present "as is"
condition (the actual physical condition of the property existing on the date of the
auction) with no warranties or contingencies whatsoever.. All descriptions of size
and location of the property stated in the auction catalog are approximations only.
Seller / receiver have not and do not make any representations, warranties or covenants,
either express of implied, regarding any matter whatsoever (except for seller's title),
including, but not limited to, geological condition, soil condition, asbestos, zoning,
existing means or ingress and egress, the availability of utilities, water or the presence
of toxic waste materials on, in or under the property. |
|
|
| A standard policy of title will be issued by the seller insuring
marketable title. Balance of escrow expenses to be divided equally. |
|
|
| Broker participation invited with registration in writing 48 hours
prior to sale. Only brokers with duly registered clients may be permitted at sale.
Brokers must attend the auction with client in order to receive a commission. |
|
|
| Seller and auctioneer reserve the right to refuse admittance to or
expel anyone from the auction premises for interference with auction activities, nuisance,
canvassing or other reasons. |
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