Terms

 

 General Terms

EVERYTHING SELLS AS IS – NO WARRANTIES EXPRESSED OR IMPLIED:

All listed items (equipment, real property, vehicles or otherwise) are sold “AS IS”, “WHERE IS” with no warranties or guarantees, expressed or implied by the Seller and Burton W. Wiand, Receiver (“Receivership-Auctions”).  All sales are final.

There shall be no returns, exchanges, or refunds for any reason. All property is sold “as-is”.  It is the bidder’s responsibility to determine the nature, condition, and state of each item or property bid on or purchased.

Receivership-Auctions

Receivership-Auctions is a trade name used by Burton W. Wiand, Receiver to conduct online and live auctions of property for Receivership Estates.  Receivership-Auctions.com is a website used to conduct these auctions. The auctions are judicial sales conducted pursuant to Order of the United States District Court for the Middle District of Florida. Orders authorizing auctions are contained on that website.  See www.EquialtReceivership.com. 

Disclaimer of warranties

There are no understandings, agreements, representations or warranties, express or implied, not specified herein respecting this contract or the item or property sold hereunder, including but not limited to the merchantability or fitness for a particular purpose. Information about the property being sold is provided from records acquired by Seller who is a Court-Appointed Receiver and  acquired the property pursuant to Court Order. Purchasers must review public records regarding the properties being sold. The Receiver has no personal knowledge of the property and while the information provided is believed to be reliable all buyers must rely solely on their examination of the property and its condition.

Inspections

It is the responsibility of the buyer to conduct their own inspection.  No testing or operational assessments have been made by Receivership-Auctions. Contact Receivership-Auctions prior to bidding with any questions regarding any item or property. Inspection of vehicles may be made by appointment. Inspections of real properties may be arranged by contacting the office of the Receiver at 727-235-6769.  All known material facts conveyed to Receivership-Auctions have been disclosed or is available for review upon request.  The buyer is accepting the property “as-is”.

Internet Bidding

Auctions are online and also conducted live for certain of the auctions. If a particular auction is being conducted on line and live, all bids will be entered online or in person on the last day of the auction. The highest bid when the bidding closes will be the winning bid for the item unless a bid is accepted prior to the expiration of the auction.  By placing a bid, you agree to all the terms and conditions which may be set forth by Receivership-Auctions (Burton W. Wiand, Receiver) and expressly acknowledge and affirm that you have read and are familiar with all terms and conditions including these General Terms ,the Participation Terms and the Terms and Procedures for Closing Auction Purchases included with each lot.  Bidding will be controlled by Receivership-Auctions. Be prepared to bid accordingly. No bidding by the sellers will be allowed for absolute auctions or after a Reserve is met.   All sales are final as is the determination of the winning bidder by Receivership-Auctions.

Auctioneer’s Discretion

The content displayed on the Receivership-Auctions website may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the online bidding service and to make any changes to the features, functionality, or content at any time.

Choice of Law, Venue & Jurisdiction of Disputes

The law of the state of Florida shall govern the interpretation of any and all disputes or other matters relating to the subject sale and/or stemming from the auction sales.  Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor, or otherwise, is created between bidder and Burton W. Wiand Receiver. Any dispute shall be resolved before the SEC v. EquiAlt Receivership Court (The United States District Court for the Middle District of Florida) in summary proceedings without a jury. Prevailing parties shall be entitled to recover their costs and attorney’s fees. 

Auction Software

Receivership-Auctions will not be held liable for any software or software malfunction discrepancies.

Bidding Closure

Auctions will be conducted online and on occasion live and will terminate with respect to each property when Receivership-Auctions accepts a bid, an event that can occur at any time during an auction.

Register

All bidders must register and be in good standing with Burton W. Wiand-Receiver in order to bid on items listed on the online auctions. Bidders must satisfy financial qualifications as required by Receivership-Auctions and receive approval prior to being allowed to bid. Burton W. Wiand-Receiver reserves the right to remove a bidder for any reason. Registration for each auction will be subject to a charge of a $10 dollar administration fee that will be collected on line through payment by credit card. By registering for an auction all bidders agree that they are bound by the terms and procedures of Receivership-Auctions and a successful bid constitutes a written contract to purchase real estate. Receivership-Auctions.com can reject or remove and participant for any reason including the failure to comply with the terms of Receivership-Auctions.com auctions. 

Photos

Please consider the photos as only part of the buying process and not the definitive authority.  Photos may or may not depict all the positives or negatives of an item. These photos and descriptions are to be used as guidelines only. All bidders are responsible for their own personal inspection of the item(s).

Odometer/Mileage/Hours/Documents

Odometer, Mileage & Hour Meter readings are assumed to be correct. However, these assumptions do not constitute a guarantee. It is up to the BUYER to validate the accuracy of the reading during the inspection process. Receivership-Auctions is not liable for any inaccuracies pertaining to the odometer, mileage, or hour meter readings. Receivership-Auctions has no knowledge of the history of these vehicles except as provided in the documentation made available. Documentation regarding lots has been gathered by the Receiver, but not created by the Receiver or related to transactions the Receiver participated in.  The documents are assumed to be genuine, but the Receiver is not in a position to warrant that is the case. 

Reserve

Burton W. Wiand Receiver (Receivership-Auctions) has the ability to protect its merchandise with a minimum selling price.  Reserve prices are designed to protect the owner of an auctioned item from an unfavorable outcome.  Receivership-Auctions may withdraw any lot, item or property from the auction and all lots are subject to prior sale. Consigners have the right to bid until the reserve price is met. Consigners are not authorized to bid beyond the agreed reserve. Consignors may not bid on their lots in an absolute auction. Some Lots may have minimum bids, a minimum bid is not a Reserve.

Auction details page

The auction details page and Participation Terms contain the auction specific terms, location details, and category list for the auction. They supplement the Receivership-Auctions General Terms. The auction details page can be accessed by clicking on each lot.  Please review the attached contractual documents found there. Please review the Terms and Procedures for Closing Auction Purchase that relate to real estate transactions. 

First bid notice

By placing a bid in an auction, you will be agreeing to the auction terms and conditions as contained herein and specified elsewhere on the Receivership-Auctions.com website. Registration for an auction shall constitute written agreement to the terms of the auctions and all Real Estate contracts that are a part of the auction.

Buyer’s Premium

A Buyer’s Premium shall be added to all winning bids resulting in a total purchase price exclusive of any applicable taxes.  Buyer’s Premiums on Real Estate transactions shall be 5% of the winning bid price and shall be added to the total contract price. 2% of the 5% buyer’s premium may be paid to Licensed Real Brokers who represent bidders in an auction purchase. Bidders/Buyers brokers must be disclosed in the bidder Registration, Bidders must make all bids and Buyers Brokers are not authorized to bid on their behalf.  Should a bidder allow a buyer’s broker to make bids on their behalf the bidder is bound by such bids.  All bids made under a bidder’s registration number are binding. 

Taxes

In order to comply with state and local sales tax requirements, it is necessary that we have in our files a properly executed exemption certificate from all of our customers who claim sales tax exemption. Buyers are responsible for all sales and transfer taxes. Where required, sales tax will be added to buyers’ invoices. 

Receivership-Auctions will NOT release equipment or other property until we receive any necessary and properly executed tax exemption forms or until required taxes, if any, are paid (Buyers Responsibility). We need the sales tax form from the state in which the equipment or other property was sold, not from the state in which you are located. Guidelines and regulations regarding tax exemptions may vary between states. Receivership-Auctions does not provide any legal or tax advice. Please consult your advisors.

All taxes relating to real estate transactions will be dealt with at closing specifically according to the applicable Procedures for Closing Auction Purchases..

Invoicing

An invoice with payment instructions will be sent to each successful buyer’s registered email at the close of bidding. If you do not receive an invoice via your email within 24 hours after the close of the auction, please contact us at 727-235-6769 immediately.

Bidder’s Payment

Payment instructions will also be included on your invoice. Successful bidders on non-real estate items must contact Receivership-Auctions within 24 hours after receiving their invoice to confirm their method of payment.

  • Payments must be received at the conclusion of the auction absent a written extension from Burton W. Wiand Receiver. Payment procedures will be specified with separate auction information and lot number.
  • For any payment received between 7 to 14 days after the conclusion of the auction, the buyer will be assessed a 2% fee on the invoice total.
  • If payment is not received within 14 days after the conclusion of the auction, the buyer will lose all rights, title, and interest to the property, including any and all moneys. Buyer shall remain responsible for any damages or expenses incurred by Burton W. Wiand, Receiver as a result of any buyer default.
  • All transactions exceeding $1000 must be paid by wire transfer.
  • NO property or vehicles will be released until payment is made in full. Burton W. Wiand Receiver will, after payment, clear all encumbrances on the vehicles and deliver title promptly to the Buyer.  
  • All funds wired to Burton W. Wiand Receiver will be held in a trust account with Burton W Wiand, PA, and used to satisfy any incumbrances on the items sold.  No funds shall be released to  Burton W. Wiand Receiver until all encumbrances and liens are satisfied and the item and or title thereto is delivered to the buyer.

For real estate transactions:

10% of the total purchase price must be wired by the successful bidder to the Trust Account of the Closing Agent, Najmy Thompson PL,  within 24 hours of the acceptance of a winning bid.  The remainder of the purchase price shall be wired to the Closing Agent pursuant to the terms stated in the Procedures For Closing Auction Purchases.  The wiring instruction for the closing agent will be included with the Procedures for Closing Auction Transactions for each real property.  Failure to timely wire funds as required will allow the Receiver or Receivership-Auctions.com to terminate a transaction but shall not impact the obligation of a successful bidder for damages or specific performance if the Receiver so chooses.

The successful bidder will be provided with Procedures For Closing Auction Transaction that is included with each Lot. Thes Procedures will set forth the procedures for completing the real estate transaction.  The successful bidder should immediately sign and email a copy of this document to the Receiver at Burt@BurtonWWiandPA.com.  Regardless of whether or not the successful bidder signs the agreement, by agreeing to the terms of Receivership-Auctions, a real estate purchaser agrees to the terms of the Sales Procedures Agreement and that agreeing to those terms constitutes a written contract to purchase the real property that is the subject of a successful bid. Wiring instructions for the Closing Agent are included with the Procedures for Closing Auction Purchases that is provided on the website with the description of each property. 

Payment Procedures

Payments for real estate transactions shall be wired as described above.

Payments for non-real estate items will be made directly to Burton W. Wiand-Receiver.  

These types of payments will be deposited into the trust account of Burton W. Wiand, PA, and disbursed to satisfy liens, if any, and then the remaining funds will be distributed to the Receiver upon delivery of the property to Buyers. All payments for purchased items shall be made by wire transfer or may be made by credit card.

Wire Instructions:

Instructions for wiring funds for non-real estate items to the trust account of Burton W. Wiand, PA will be provided with invoices at the conclusion of the auction. 

 

Credit cards

Credit Cards may be used for the payment at the time of Registration for administrative processing fees. Payments by credit card may also be used for payment of invoices on non real estate transactions of less that $1000 or with the permission of Receivership Auctions.com  Credit cards for payment of Auction purchases can only be made with the approval of Receivership-Auctions.com and may not be available in connection with large dollar purchases.  

Titles for Vehicles

There will be a $100 title processing fee applied to all items requiring a Department of Motor Vehicles tag. Buyers will be contacted via email the day of the auction in regard to titling information. The Receiver will require title information including name(s) and complete address via email. The title will be mailed to the buyer via certified mail as soon as possible after receipt of payment, regardless of payment type. 

**ALL TITLES WILL BE ENDORSED AND UNDER NO CIRCUMSTANCES WILL ANY OPEN TITLES BE ISSUED**

Removal of Items

All items shall be removed from 2101 W. Cypress, Tampa, FL subsequent to an auction at the buyer's sole expense and risk.  Items shall be removed within 72 hours of notification to the buyer by Burton W. Wiand Receiver that the item is available for removal.  Should any item not be removed within that time period ,storage fees shall apply.  Any extension of these deadlines must be approved in writing signed by Burton W. Wiand Receiver.

Closing of Real Estate Transactions

The closing of each sale of real property shall occur according to the terms of the Procedures for Closing Auction Transactions that is included on the website with each real estate lot.