TERMS
AND CONDITIONS
FOR SALE OF REAL ESTATE AT PUBLIC AUCTIONS
1. The highest
bidder shall be deemed the Buyer at the option of the Auctioneer. Should
a dispute arise as to the bidding, the property may be immediately offered
again at Public Auction between the disputing bidders only, at the option
of the Auctioneer.
2. This shall be an auction with reserve, whereby the Seller reserves
the right to accept or reject any or all bids received, including the
highest bid.
3. Neither the seller nor the Auctioneer make any warranties whatsoever
concerning the condition of this property. The Buyer is buying this
property based on his own inspection of the property and not based on
any printed or verbal description made by the Seller or Auctioneer.
4. No bidder shall advance the bidding in an amount less than is acceptable
to the Auctioneer.
5. The Auctioneer reserves the right to declare recess at any time during
the proceeding of the auction that he deems necessary.
6. Immediately upon the property being struck down, the purchaser shall
pay Five Thousand ($5,000.00) in cash or check acceptable
to Seller and enter into an Agreement of Sale, to pay the balance on
or before thirty (30) days from today's date: which shall be the date
of final settlement. This agreement of sale is subject to the approval
of the Orphan's Court of Northampton County.
7. The premises shall be conveyed free and clear of all liens and encumbrances,
but subject, however, to any applicable provisions of municipal ordinances,
otherwise title shall be good and marketable or such as will be insured
by any reputable title insurance company at regular rates.
8. In the event that the purchasers fail to pay the balance of the purchase
price, then the down money paid shall be forfeited as liquidated damages
and the purchasers shall not be entitled to the benefit of any resale.
9. These "Terms and Conditions" shall become a part of the
Sales Agreement attached hereto.
AGREEMENT
THIS AGREEMENT, made this
13th day of January, 2007 between LAUR ALEXANDER
hereinafter called the "Seller"
and
____________________________________________________
of
______________________________________________
hereinafter called the "Buyer"
WITNESSETH:
That the Seller agrees to
sell and convey and the Buyer agrees to
purchase, ALL THAT CERTAIN messuage, tenement and lot or piece of ground
situate in ___Philadelphia City__comonwealth of Pennsylvania,
known as __3138 St. Vincent Street__ as more fully
described as Beginning Point: 321'10 1/2"E HAWTHORN.
The above mentioned tract of land being subject to any and all exceptions
and covenants and restrictions that may be contained in the foregoing
deed at the price and on the terms and conditions hereinafter provided
to wit:
1. The price is __________________________________($_____) Dollars
__________________________________________________________
Five thousand dollars ($ 5,000.00)
payable upon the signing of this agreement and the balance on or before
thirty (30) days.
2. The premises are being sold subject to recorded building restrictions,
existing zoning regulations and other municipal regulations.
3. The premises shall be
free and clear of all liens and encumbrances except existing restrictions
and easements visible upon inspection of the premises or easements of
public utilities and highways.
4. All property appurtenant
to premises, including electric fixtures, heating and plumbing fixtures,
piping and wiring, domestic hot water heater, screens, screen doors,
storm windows and doors, if any, is included in this sale.
5. The title shall be such
as will be insured as good and marketable at regular rates by any reputable
title insurance company.
6. The risk of loss or damage
to the premises by fire and lightning or perils covered by extended
coverage insurance pending performance of this Agreement shall be borne
by the Seller; any risk of loss or damage to the premises that is not
normally insurable shall be borne by the party in possession.
7. Possession shall be delivered
at final settlement.
8. Real Estate taxes upon
the premises shall be apportioned as of the date of performance.
9. The expense of conveyance
shall be paid as follows:
(a) Preparation of Deed and Acknowledgment by the Seller. (b) State
and local transfer taxes by the Seller and Buyer equally. (c) Survey
of the premise, if desired, by the Buyer. (d) All other expenses shall
be borne by the Buyer.
10. The performance of this
Agreement shall take place at the law office of ____________________________________,
Pennsylvania on or before __________________________________________,
said time to be of the essence of this Agreement, unless extended by
mutual consent, in writing, endorsed hereon and signed by the parties
hereto. 11. This Agreement shall be binding upon the parties hereto,
their respective heirs, personal representatives and/or assigns. Should
the Buyer fail to perform as provided, the sum paid on account shall
be retained by the Seller as liquidated damages and all rights of the
Buyer herein shall cease and determine. Should no reputable title insurance
company agree to insure the title to said premises as good and marketable
at regular rates, the Seller may refund the sum paid on account by the
Buyer and reimburse the Buyer for any reasonable expenditures made for
title searches and application fees, or, at his option, and at his expense,
may take the necessary action to make the title insurable, as aforesaid.
12. Under the Pennsylvania
Human Relations Act of October 27, 1955,P.L.744, as amended: The Pennsylvania
Legislature has made it illegal: To refuse to sell, lease, finance,
or otherwise deny or withhold residential or commercial property located
in the Commonwealth of Pennsylvania because of any person's. . . Race,
Color, Sex, Religious Creed, Ancestry, National Origin, Handicap or
Disability, Age or Familial Status Or To refuse to lease, or discriminate
in the terms of selling or leasing, or in furnishing facilities, services
or privileges in connection with the ownership, occupancy or use of
any residential or commercial property because of any person's. . .
Race, Color, Sex, Religious Creed, Ancestry, National Origin, Handicap
or Disability, Age or Familial Status, Use of a Guide or Support Animal
Because of the Blindness, Deafness or Physical Handicap of the User
or Because the User is a Handler or Trainer of Support or Guide Animals
Or Construct, operate, offer for sale, lease or rent or otherwise make
available housing or commercial property which is not accessible. The
term "accessible" means being in compliance with the applicable
standards as provided under the Fair Housing Act, the Americans with
Disabilities Act of 1990 and the Universal Accessibility Act. IT IS
ALSO UNLAWFUL FOR: Any person to retaliate against an individual because
the individual has filed a complaint with the Commission, or has otherwise
participated in any Commission proceeding, or for any person to aid
or abet any unlawful discriminatory practice under the Human Relations
Act OR, BECAUSE OF: The handicap or disability of an individual with
whom the person is known to have a relationship or association.
13. Fuel oil, if any, remaining
in the tank shall be apportioned as of the date of performance.
14. Thomas G. Macarro, Auctioneer
shall hold the down payment in an interest bearing account for disbursement
at settlement or termination of this Agreement.
Social Security Number for
the Buyer: ______________________
IN WITNESS WHEREOF, the parties
hereto intending to be legally bound have hereunto set their hands and
seals the day and year first above written.
_____________________________
SELLER
_____________________________
SELLER
_____________________________
BUYER
_____________________________
BUYER
RECEIVED, the day of the date of the within Agreement the sum
of __________________________________________________
DOLLARS ($ ), on account of the purchase price therein named.
WITNESS: ____________________________________
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