Auction Terms & Conditions Auction Registration: This auction will be conducted online only. All bidders are required to register with a valid form of photo ID (driver’s license) and acknowledge having read and agree to be bound by the auction terms and conditions. Each buyer must present proof of ability to purchase, verifiable by a third party. Adequate sources of funds may include bank statements (please black out any account numbers), brokerage accounts, real estate holdings, letters of credit from a qualified banking institution, and financing pre-qualification letters from mortgage lenders. BUYERS WILL NOT BE PERMITTED TO BID WITHOUT PRE-QUALIFICATION.
Order of Auction: The real estate shall be offered in three different tracts: Tract 1—120 acres with 3,800 shares of Fruitland mesa irrigation water, commercial well, and two poultry barns comprising over 56,000 square feet; Tract 2—home and 80 acres with 1 Fruitland Mesa Domestic Water Company tap, 60x80 metal building, 42x100 open-sided barn, Quonset shop, and modular home. Tract 3—the entire property comprising Tract 1 and Tract 2, totaling 200 acres with all improvements and water rights. In the event that a buyer wishes to purchase the entire property, his bid must beat any prior bids on the two smaller parcels.
Buyer’s Premium: There will be no buyer’s premium in this auction.
Down Payment and Contract Signing: The successful bidder shall be required to place a non-refundable deposit of Ten Percent (10%) of the Total Contract Price in escrow and sign the purchase agreements, immediately following the conclusion of the auction. The down payment shall be in the form of cashier’s check, personal check or business check.
No Financing Contingency: This is a “cash” sale and financing is not a contingency in the purchase and sale contract for the auction. It is strongly recommended that all bidders arrange any financing needed and ensure they have the proceeds to close the transaction prior to placing any bids at the auction.
Due Diligence: Brokers and Auctioneers have presented a pre-title commitment, home inspection, certificates of water rights, and any documents and plans in the Seller’s possession for buyers to analyze prior to the auction. Consequently, the Buyers’ due diligence period is PRIOR TO the auction and no inspection periods or due diligence period will be offered or acknowledged after the Buyer’s successful bid at auction.
Closing: Closing shall take place on or by June 30, 2022. Closing shall be held at Title Company of Delta, 721 Main Street, Delta, CO 81416.
Title: Seller(s) shall furnish an Owner’s Policy of Title Insurance in the amount of the total purchase price. The title insurance policy expense shall be divided equally between the seller and buyer. Title shall be transferred by General Warranty Deed.
Possession: Possession of the home and barns shall occur no earlier than July 15, 2022, after a successful closing and transfer of title.
Easements: The sale of the property is subject to any and all easements of record.
Mineral Rights: The seller’s share of mineral rights shall be conveyed to the buyer at closing.
Survey: Sellers are not required to provide a survey of the property. If the buyer desires a survey, it shall be at the buyer’s sole expense.
Taxes: The 2022 taxes shall be prorated to the date of closing. The 2021 and any previous taxes have been paid by the sellers.
Agency: United Country – Colorado Brokers & Auctioneers and its agents, auctioneers, brokers and representatives are Exclusive Agents of the Seller(s).
Broker Participation: Any properly licensed broker which registers and represents a successful buyer at the auction shall be entitled to a Two and One-half Percent (2.5%) Buyer’s Broker fee, based on the total contract price. The Buyer must not already be working with or have been contacted by the auction company either personally or by electronic or direct mail marketing. The Buyer’s Broker registration form is available from the auction company at 970-872-3322 or found online at www.theauctionboss.com and must be completed and returned no later than 48 hours prior to the auction date.
Video & Photography: Videotaping, flash photography and/or public announcements will ONLY be allowed on auction day with prior written approval from United Country – Colorado Brokers & Auctioneers.
Disclaimers: All information is taken from sources believed to be reliable, but is subject to verification by all parties relying on it. Any and all drawings, sketches, dimensions are approximate. No liability for its accuracy, errors or omissions is assumed by the seller or the auction company. All bidders are responsible for conducting their own inspection, inquiries and due diligence concerning the property being offered and are encouraged to satisfy themselves prior to placing any bids at the auction. The property is being offered “AS IS, WHERE IS” and no warranties or representations either expressed or implied are being made by the seller(s) or the auction company. All information contained in the advertising and all related materials are subject to the terms and conditions outlined in the purchase sale agreement. All dollar amounts stated in the terms and conditions or otherwise shall be in U.S. currency, only. Any announcements made the day of auction shall take precedence over any previously printed material or any other oral statements made.
Special Announcements: FINAL BIDS MAY BE ACCEPTED OR REJECTED AT THE DISCRETION OF THE SELLER.
Seller User Terms
Bidder User Terms