Non-Waiver & Binding Affirmation of Terms

Non-Waiver & Binding Affirmation of Terms
1. Absolute Binding Nature of Terms By participating in the bidding process, registration, application or other action to include providing a digital, written or implied signature, or submitting a bid, or any action to participate the Bidder/Buyer (the “Participant”) is legally bound by the Terms and Conditions of Sale in their entirety. Participation in the sale (auction) offline or online constitutes an express agreement to these terms, which are non-negotiable and immediately enforceable upon the first act of bidding.

2. No Right of Rescission or Waiver: The Participant acknowledges that every bid placed is an irrevocable offer to purchase. Upon the fall of the hammer or the “Sold” notification:
• No Unilateral Waiver: The Buyer has no right to waive, ignore, or refuse any specific term,
including but not limited to payment, document execution, closing deadlines, “As-Is” stipulations,
inspections, buyer’s premium, auctioneers fee or non-refundable earnest money requirements.
• No Post-Auction Negotiation: The Buyer explicitly waives any right to renegotiate the terms of sale, price, or contingencies after the fall of the hammer (bid award).
• Waiver of Contingencies: Unless explicitly stated otherwise in the Property Information Package, all bids are “cash deals” with no contingencies for financing, appraisals, or additional inspections even if required by others (i.e., not limited to but including lenders, agents, brokers)
• Buyer’s Agent: A Buyer’s agent does not have the authority to override, modify, or waive any of the terms and conditions of sale. Any representations made by a Buyer’s agent that contradict these terms are not binding upon the Auctioneer or the Seller. It is the sole responsibility of the Buyer to ensure they are in compliance with all requirements, regardless of any advice or actions taken by their representative.

3. Integration and Survival of Announcements: The Participant agrees that the Terms and Conditions include all written materials provided prior to the auction AND any verbal or visual announcements made by the Auctioneer immediately preceding the sale.
• These terms survive the sale and are incorporated into the Purchase Agreement.
• In all cases, the most restrictive term favoring the Seller/Auctioneer shall apply.

4. Performance and Default: The Buyer acknowledges that a refusal to comply with any single term or a failure to execute the Purchase Agreement immediately following the auction constitutes a material breach of contract.
• Liquidated Damages: Failure to post the required Earnest Money Deposit, Auctioneers Fee or
Buyers Premium shall result in the immediate forfeiture of any registration, auctioneer fees, buyer’s
premium and may trigger further legal action.
• Indemnification: The Buyer shall be liable for all costs of collection, attorney fees, and any price deficiency resulting from the subsequent resale of the property.

5. Non-Reliance Affirmation: The Buyer affirms that they have conducted their own due diligence and are not relying on any oral representations that would effectively waive or modify the written requirements of the sale. The “As-Is, Where-Is” nature of this real estate transaction is absolute and cannot be waived by the Buyer under any circumstance unless written elsewhere. PARTIES HEREBY AGREE: