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 Four Thousand ($4,000.00) in cash or check acceptable
to Seller and enter into an Agreement of Sale, to pay the balance on
or before thirty (30) days from today's date: which shall be the date
of final settlement.
7. The premises shall be conveyed free and clear of all liens and encumbrances,
but subject, however, to any applicable provisions of municipal ordinances,
otherwise title shall be good and marketable or such as will be insured
by any reputable title insurance company at regular rates.
8. In the event that the purchasers fail to pay the balance of the purchase
price, then the down money paid shall be forfeited as liquidated damages
and the purchasers shall not be entitled to the benefit of any resale.
9. These "Terms and Conditions" shall become a part of the
Sales Agreement attached hereto.
AGREEMENT
THIS AGREEMENT, made this 10th day of February, 2007
between BUCK SHAWN S & BUCK DIANE M
hereinafter called the "Seller"
and
____________________________________________________
of
______________________________________________
hereinafter called the "Buyer"
WITNESSETH:
That the Seller agrees to sell and convey and the Buyer agrees to
purchase, ALL THAT CERTAIN messuage, tenement and lot or piece of ground
situate in ___Bethlehem City__County of Northampton
comonwealth of Pennsylvania, known as __659 Lamb Street__ as
more fully described as Deed Book and Page - J732 - 000632.
The above mentioned tract of land being subject to any and
all exceptions and covenants and restrictions that may be contained
in the foregoing deed at the price and on the terms and conditions hereinafter
provided to wit:
1. The price is _______________________________________
_______________________________________________________________
DOLLARS ( Four thousand dollars ), payable
_______________
DOLLARS ($ 4,000.00), 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: ____________________________________
|
|