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Conditions of Sale

LUXEA GLOBAL AUCTIONS BIDDER TERMS AND CONDITIONS

  

Bidder Name:                                                                                                                                                              (“Bidder”)

Cell Phone:                                                                          Work Phone:                                                                                          

 

Email Address:                                                                    Fax Number:                                                                                          

  

Mailing Address:                                                                                                                                                                                 

 

 

The real property auction services offered by Community Raisers LLC, a Wyoming limited liability company, d/b/a Luxea Global Auctions (“Luxea Global Auctions”) and/or its affiliates or subsidiaries (collectively, “Luxea Global,” “we,” “us” or the “Company”) through the luxeaglobalauctions.com website and its Mobile Bidding Application (collectively, the “Website”) or any services provided in connection with the Website (the “Services”) and the use of the Website including any content, functionality and services offered on or through the Website, whether as a guest or a registered user, are governed by these Terms and Conditions (together with all separate documents/pages linked to the se terms and incorporated by reference, the "Terms and Conditions" or “Agreement”). By accessing or using the Website, you ("Bidder" or “you”) agree that (1) you have read and familiarized yourself with these Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Website and the Services. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBWEBSITE OR THE SERVICES AND DO NOT PARTICIPATE IN ANY CONCIERGE AUCTION. YOUR USE OF THE WEBWEBSITE AND/OR YOUR PARTICIPATION IN ANY AUCTION, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. These Terms and Conditions

constitute a binding contract and the entire agreement between you and Luxea Global regarding their subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.

Changes to Website and Terms and Conditions. Luxea Global may revise and update these Terms and Conditions from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Website and the Services thereafter. We also reserve the right to withdraw or amend this Website, and any Service we provide, in our sole discretion without notice. Your continued use of the Website and the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to review these Terms of Use periodically so you are aware of any changes, as they are binding on you. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Website and cease all use of the Services and the Website.

Registration and Eligibility. The Website and the Services are only available to persons with the legal capacity to enter into this Agreement and to purchase real property. Generally, the Website is intended for use only by persons over 18 years of age. Luxea Global may, at its sole and absolute discretion, refuse to accept your registration, and may, at any time after accepting registration, refuse to permit a Bidder’s continuing use of the Website or the Services for any reason or no reason at all. Tampering with the Website, misrepresenting the


identity of a Bidder or conducting fraudulent activities on the Website are prohibited.

Accessing the Website and Account Security. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:

  • Making all arrangements necessary for you to access the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. The Privacy Policy is expressly incorporated into these Terms and Conditions by this reference.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You may be held liable for any losses incurred by Luxea Global, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not use the account, username, or password of someone else at any time.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Electronic Communications. When you visit the Website or send e-mails to us, you are communicating with us electronically and you consent to receive electronic communications from us. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Property Auction Details. From time to time, Luxea Global will present certain properties (each, a “Property”) for sale by auction (an “Auction”) on behalf of the seller of each Property (each, a “Seller”). The Terms and Conditions and all other publicized elements of the Auction are subject to amendment by the posting of notices or by oral announcements made before or during the Auction. By participating in the Auction, you acknowledge and agree that you are bound by any additional terms that may be imposed by Luxea Global and the Property Seller and announced prior to or at the Auction either on the Property web page or otherwise.

Please refer to each Property-specific web page on the Website for the following Auction-specific details, among others:


  • Auction Method (absolute or reserve, subject to confirmation, etc.)
  • Amount of Buyer’s Premium
  • Opening Bid Buyer Incentive, if any
  • Cooperating Broker Commission Percentage
  • Whether the Property is Being Sold Furnished or Unfurnished
  • Due diligence materials and other Property information
  • HOA and other Property Ownership restrictions
  • The form of Purchase and Sale Agreement that you would be required to sign

The information on the Property web page may be updated regularly so please check back to that page on a regular basis to be sure you are reviewing the most recent information regarding the Property Auction.

Bidding. All Auction bidding is open to the public without regard to race, color, sex, religion, familial status, disability or national origin. Luxea Global controls all aspects of the bidding process and reserves the right to reject any bid in its sole discretion. The Bidder who submits the “High Bid” (meaning the highest bid acknowledged by Luxea Global) (or any second-place or back-up bidder as described below if the primary buyer defaults) will be the buyer of the subject Property (“Buyer”). By participating in the Auction, you represent, warrant and covenant that any bid you make constitutes an irrevocable offer to purchase the Property for the full amount of the bid and that once a High Bid is accepted, you are obligated to purchase such Property for the amount of the High Bid. In the event of any dispute among Bidders, or in the event of doubt on the part of Luxea Global as to the validity of any bid, Luxea Global will have the final discretion to determine the High Bid, the successful Buyer, to cancel the Auction, or to re-auction the subject Property. If any dispute arises after the Auction, Luxea Global’s Auction record shall determine conclusively all bidding issues, including but not limited to the High Bid and the Buyer. YOU MAY WISH TO CONSULT WITH A LICENSED REAL ESTATE BROKER, ADVISER, ATTORNEY, CONTRACTOR OR OTHER EXPERT PRIOR TO YOUR PARTICIPATION IN ANY AUCTION.

Luxea Global may allow telephonic, electronic, absentee or proxy bids as a convenience to Bidders who are not present at the Auction and/or are not able to use the Website. Luxea Global is not responsible for any errors or omissions in connection with such bids, including, without limitation, poor connections, Internet outages, poor reception, dropped calls, recording failures, busy signals and missed calls. Furthermore, Luxea Global does not represent or warrant that the functions, features or content contained in any telephonic bidding, electronic bidding, internet bidding website or any third-party software, products, or other materials used in connection with internet or electronic bidding, will be timely, secure, uninterrupted or error-free, and Luxea Global does not represent or warrant that defects will be corrected.

Bidder Requirements. To be qualified to bid at Auction, you must (1) agree to be bound by these Terms and Conditions and any required escrow instructions and (2) wire the “Bidder’s Deposit” into the Escrow Agent’s account per the instructions set forth on the applicable Property web page. The “Escrow Agent” shall be set forth on the applicable Property web page. Luxea Global may, in its discretion, extend this deadline. If Bidder is the Buyer, the Bidder’s Deposit shall be handled in accordance with these Terms and Conditions and the Purchase and Sale Contract. If Bidder is not the Buyer, then the Bidder’s Deposit shall be refunded by 5:00 p.m. EST on the second business day following the Auction date.

Buyer’s Premium. For each Property purchased, Buyer shall pay to Luxea Global a “Buyer’s Premium” generally calculated as a percentage of the High Bid. To determine the amount of the Buyer’s Premium for a particular property, please visit the applicable property web page at luxeaglobalauctions.com.


Buyer acknowledges and agrees that the Buyer’s Premium is deemed earned upon conclusion of the Auction and shall be held by Escrow Agent and disbursed to Luxea Global by Escrow Agent at or prior to closing. If the sale of the Property is not consummated for any reason other than default by the Seller, the Buyer’s Premium shall nonetheless be due and payable to Luxea Global and you irrevocably instruct the Escrow Agent to disburse those funds to Luxea Global. The Buyer’s Premium is not a real estate commission; it is the fee that Luxea Global charges to bidders for bringing the Property to auction. Any applicable real estate commissions will be determined by the parties in a separate agreement in escrow. Luxea Global is merely an auctioneer – it is not acting as a real estate agent in any capacity for any party and it is not involved in any way in connection with the closing of any real property transaction and all such real estate brokerage, closing and escrow functions will be handled exclusively by third party real estate brokers or other professionals.

Furnishings. To determine whether a Property is being sold furnished or unfurnished, please refer to the Property web page. Please consult the Purchase and Sale Contract for a list of items included or excluded in the purchase of the Property and other terms and conditions related to the purchase of the Property.

Bid Acceptance; Completion; Auction Methods. Once bidding is complete and the Buyer is declared, Buyer will be required immediately to execute the Purchase and Sale Contract, Escrow Instructions and other documents required by the Escrow Agent or otherwise in connection with the purchase of the Property. A Buyer of Property located in the United States (or its territories) shall initiate a wire transfer to Escrow Agent to increase the Bidder’s Deposit, if required, up to twelve percent (10.00%) of the Purchase Price; and a Buyer of Property located outside the United States (or its territories) shall initiate a wire transfer to the applicable closing agent listed in the Purchase and Sale Contract in an amount equal to twelve percent (10.00%) of the total Purchase Price (in either case, the “Deposit”). Regardless of Property location, the executed Purchase and Sale Contract, Escrow Instructions and other documents reasonably required by the Escrow Agent must be received no later than 5:00

p.m. local time where the Property is located on the business day following the Auction date and the Deposit must be received by the Escrow/Closing Agent no later than 5:00 p.m. local time where the Property is located two business days following the Auction date, Luxea Global may, in its discretion, extend this deadline. Bidder acknowledges that its failure to execute the Purchase and Sale Contract or to pay the full Deposit is a material breach that will result in forfeiture of the Bidder’s Deposit, among other things.

Certain Properties will be offered for sale at Auction without reserve and will be sold to the Bidder who made the High Bid. Other Properties will be offered for sale at Auction with reserve or minimum prices that is either disclosed or confidential (each, a “Reserve”). In a Reserve auction, if the High Bid is equal to or greater than the Reserve, then the Property will be sold to such Bidder. If the High Bid is below the Reserve, then the Seller may accept, counter, or reject the High Bid or before 5:00 p.m. local time where the Property is located on the next business day following the Auction. In the event a Reserve Seller chooses to reject the High Bid, Buyer will receive a refund of the Bidder’s Deposit on the third business day following the Auction date. In order to determine the applicable auction method for a particular Property, please visit the applicable Property’s web page.

In addition, the sale of certain Properties may require post-auction court or lender approval or confirmation. To determine whether the sale of the Property on which you are bidding requires approval or confirmation, please visit the applicable Property’s web page. If you are the high bidder on any such Property, your bid remains irrevocable while the Seller seeks approval or confirmation of your High Bid.

If the Buyer defaults under these Terms and Conditions and/or the applicable Purchase and Sale Contract, Luxea Global shall have the right to declare the second-place bidder to be the back-up Buyer of the Property within no more than three business days after the completion of the Auction. In that case, your Auction Bid shall remain effective and irrevocable during this three business-day period. Once the back-up bidder has been declared the


Buyer, it shall comply with these Terms and Conditions as if it had been declared the Buyer at the Auction.

As between Buyer and Seller, the Purchase and Sale Contract supersedes any and all other documents or information (including without limitation these Terms and Conditions) and serves as the definitive document for the purchase and sale of the Property. Luxea Global is not a party to the Purchase and Sale Contract. Luxea Global does not guarantee that the sale of any Property will be consummated.

The term “Purchase Price” shall mean the High Bid, excluding other amounts payable by the Buyer in connection with closing, such as customary closing costs, escrow/closing fees, property taxes, insurance, transfer fees/t axes in accordance with the Purchase and Sale Contract. Therefore, Buyer’s total obligation toward the purchase of the Property is equal to the Purchase Price, the Buyer’s Premium and those customary closing costs. To that end, all Bidders are strongly encouraged to review the Purchase and Sale Contract prior to bidding and to consult with an attorney or other professional.

Closing / Escrow Agent. Closing will take place in accordance with the Purchase and Sale Contract and any related documents. Unless otherwise stated on the applicable Property web page, escrow services shall be provided exclusively by the Escrow Agent listed on the applicable Property web page or as set forth in the Purchase and Sale Contract.

Closing Date. The date of closing or completion of the purchase of the Property between Buyer and Seller shall be the “Closing Date” set forth in the applicable Purchase and Sale Contract. In certain cases, Seller may extend the Closing Date pursuant to the Purchase and Sale Contract or as otherwise negotiated between Seller and Buyer.

Default. Your failure to comply with these Terms and Conditions will result in a default being declared and the Bidder’s Deposit, the Deposit and Buyer’s Premium may be retained by Seller and/or Luxea Global in addition to other equitable and legal remedies under applicable law all of which are reserved. In addition, in an effort to mitigate potential damages, Luxea Global and the Seller reserve the right to declare the second-place bidder to be the back-up Buyer of the Property within no more than three business days after the completion of the Auction as set forth above.

Auction Procedures. Luxea Global’s verbal or written announcements made at the Auction will take precedence over all printed material or other previously made statements. Luxea Global reserves the right to waive or modify any previously announced requirements. Luxea Global reserves the right in its sole discretion to accept or reject any bids made before the Auction begins. Method of Auction, order of Auction, and bidding increments shall be determined by Luxea Global in its sole discretion, including, without limitation, Luxea Global’s right to pause and resume bidding during the Auction. Luxea Global reserves the right to reject any bid that is only a minimal increase over the preceding bid, or that Luxea Global believes was made illegally or in bad faith. All decisions of Luxea Global are final as to bidding issues, cancellation or any other matters that may arise before, during or after the Auction. If Luxea Global perceives attempted collusion, Luxea Global will cancel the Auction or refuse to accept a bid. Collusion between bidders is prohibited by various applicable laws. Luxea Global reserves the right to deny any person admittance to the Auction or expel anyone who Luxea Global believes may disrupt, cause any nuisance or interfere with the Auction in any way or for any other reason in Luxea Global’s discretion. The Auction does not begin until Luxea Global accepts the first bid on the day of the Auction.

LUXEA GLOBAL RESERVES THE RIGHT TO MODIFY OR AMEND ANY TERMS OF THE AUCTION, THE     AUCTION    METHOD    OR     PARTICULAR     CONDITIONS     OF    THE     AUCTION   UPON

ANNOUNCEMENT PRIOR TO OR DURING THE COURSE OF THE AUCTION. You should regularly consult the applicable Property web page prior to the date of the Auction for the most up-to-date information regarding


any Property and the Auction, and the Auction method and terms and conditions.

Property Inspection/Due Diligence/Disclaimer. Prior to the commencement of the Auction, it is the Bidder’s sole responsibility to perform any inspections and due diligence Bidder deems pertinent to the purchase of the Property, to be satisfied as to the condition of the Property prior to bidding and to review all due diligence materials provided with respect to the Property. EACH BIDDER ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ANY SUCH INSPECTION AND ITS DUE DILIGENCE ACTIVITIES. The Property,

both real and personal (if any), is being sold in its existing "AS IS, WHERE IS, WITH ALL FAULTS" condition, with no expressed or implied guarantees, representations or warranties whatsoever, unless required by law. Personal on-site inspection of the Property is strongly recommended, and you are advised to independently verify all information you deem important. Bidder acknowledges that he/she has reviewed the diligence materials and disclosures provided on the applicable Property web page; however, Luxea Global assumes no liability for errors or omissions in these disclosures or any other property listings or advertising, promotional or publicity statements and materials which is why it is important to verify independently all such information. Although information has been obtained from resources deemed reliable, Luxea Global does not make any guarantee as to the accuracy of any such information.

Each Property is scheduled to have one or more open houses, and/or showings upon request, pursuant to the schedule posted on the applicable Property web page. Open house events are hosted solely by third party real estate agents acting on behalf of Seller, and Luxea Global has no responsibility for such open houses, including but not limited to cancellations or changes in times, all of which are the sole responsibility of the third-party real estate agents.

In connection with any due diligence, inspection, visit and/or investigation of the Property by you and or any person/entity/representative acting on your behalf (the “Inspectors”), you and the Inspectors shall (a) ensure that the Property is kept free and clear of liens, (b) ensure that any and all damage arising from such inspection is repaired, and (c) indemnify, defend and hold Seller and Luxea Global harmless from all liability, claims, demands, damages and/or costs directly or indirectly arising therefrom. Inspectors shall carry, or require anyone acting on Inspector’s behalf to carry, policies of liability insurance, workers’ compensation and other applicable insurance with adequate limits, defending and protecting Seller and Luxea Global from liability for any injuries to persons or property damage occurring during any inspection of the Property.

By registering as a Bidder and bidding at the Auction, you shall be deemed to represent, warrant and agree with respect to each Property you bid on that: (a) you have reviewed all due diligence materials related to the Property, you have inspected the Property, you are familiar and satisfied with the condition of the Property and you have conducted such investigation of the Property as you deemed appropriate, (b) neither Luxea Global nor Seller, nor any affiliate, agent, officer, employee or representative of either of them, has made any verbal or written representation, warranty, promise or guarantee whatsoever to you, expressed or implied, and in particular, that no such representations, warranties, guarantees, or promises have been made with respect to the condition, operation, or any other matter or thing affecting or related to the Property and/or the offering or sale of the Property, (c) you have not relied upon any representation, warranty, guarantee or promise or upon any statement made or any information provided concerning the Property, including but not limited to information made available on-line at the Website, in Auction Advertising, in the Auction brochure, or provided or made available by Luxea Global or by Seller, or their respective affiliates, agents, officers, employees or representatives, (d) you have madeyour bid after having relied solely on your own independent investigation, inspection, due diligence, analysis, appraisal and evaluation of the Property and the facts and circumstances related thereto, (e) you have actual authority to enter a bid and to enter into the Purchase and Sale Contract, (f) you have the capacity to close the transaction pursuant to the Purchase and Sale Contract, (g) any information provided or to be provided by or on behalf of the Seller


with respect to the Properties including, without limitation, all information contained on the Website, in Auction advertising, or any other printed or online materials being made available to you by Seller and Luxea Global, was obtained from Seller and/or Seller’s agents, and Luxea Global has not made any independent investigation or verification of such information, and makes no representations as to the accuracy or completeness of such information, (h) without limiting the generality of the foregoing, Luxea Global shall not have any obligation to disclose to any Bidder, and shall have no liability for its failure to disclose to any Bidder, any information known to them relating to any Property except as may be required by law, and (j) Luxea Global is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property, or the operation thereof, made or furnished by any real estate broker, agent, employee, or other person.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS OR THE PURCHASE AND SALE CONTRACT, ALL BIDDERS ACKNOWLEDGE AND AGREE THAT THEY ARE BIDDING FOR AND, WHEN THE HIGH BIDDER IS CONFIRMED BY CONCIERGE, WILL ACQUIRE THE PROPERTY, INCLUDING THE IMPROVEMENTS CONSTRUCTED ON THE PROPERTY AND ANY APPLIANCES AND BUILDING SYSTEMS, IN ITS ”AS IS” CONDITION AS OF AUCTION DAY, WITH ALL DEFECTS, BOTH PATENT AND LATENT, AND WITH ALL FAULTS, WHETHER KNOWN

OR UNKNOWN, PRESENTLY EXISTING OR THAT MAY HEREAFTER ARISE (TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW). ALL PROSPECTIVE BIDDERS ACKNOWLEDGE AND AGREE THAT CONCIERGE HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATION, WARRANTY, PROMISE, COVENANT, AGREEMENT OR GUARANTY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATION: (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, IF ANY; (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL PURPOSES, ACTIVITIES AND USES WHICH BIDDER MAY CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY; (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; (H) THE EXISTENCE OF ANY VIEW FROM THE PROPERTY OR THAT ANY EXISTING VIEW WILL NOT BE OBSTRUCTED IN THE FUTURE; (I) ANY OTHER MATTER WITH RESPECT TO THE  PROPERTY, (J) THE STRUCTURAL INTEGRITY OF ANY IMPROVEMENTS ON THE PROPERTY,

  • THE CONFORMITY OF THE IMPROVEMENTS TO ANY PLANS OR SPECIFICATIONS FOR THE PROPERTY THAT MAY BE PROVIDED TO BIDDER, (L) THE CONFORMITY OF THE PROPERTY TO APPLICABLE ZONING OR BUILDING CODE REQUIREMENTS, (M) THE EXISTENCE OF SOIL INSTABILITY, PAST SOIL REPAIRS, SUSCEPTIBILITY TO LANDSLIDES, SUBSIDENCE, SUFFICIENCY OF UNDER-SHORING, SUFFICIENCY OF DRAINAGE, OR ANY OTHER MATTER AFFECTING THE STABILITY OR INTEGRITY OF THE LAND OR ANY BUILDINGS OR IMPROVEMENTS SITUATED THEREON, (N) WHETHER THE PROPERTY IS LOCATED IN A SPECIAL STUDIES ZONE UNDER THE PUBLIC RESOURCES CODE OR A SEISMIC HAZARDS ZONE OR A STATE FIRE RESPONSIBILITY AREA, OR A SPECIAL FLOOD HAZARD ZONE OR (O) THE PRESENCE OF TERMITES OR OTHER PESTS AND ANY DAMAGE TO THE PROPERTY AND/OR ITS IMPROVEMENTS THAT MAY HAVE OCCURRED AS A RESULT. BIDDER ACKNOWLEDGES THAT THE PROPERTY AND ITS IMPROVEMENTS MAY NOT BE IN COMPLIANCE WITH APPLICABLE


ZONING, BUILDING, HEALTH OR OTHER LAWS OR CODES, AND NEITHER SELLER, CONCIERGE NOR ANY OF ITS REPRESENTATIVES OR AGENTS HAVE OCCUPIED THE PROPERTY AND THE PROPERTY MAY NOT BE IN HABITABLE CONDITION. ALL PROSPECTIVE BIDDERS FURTHER ACKNOWLEDGE AND AGREE THAT, WITHOUT LIMITATION, SELLER AND CONCIERGE HAVE NOT MADE, DO NOT MAKE, AND SPECIFICALLY DISCLAIM ANY REPRESENTATIONS REGARDING COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OR WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, AS DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS OR THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTIES, OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY APPLICABLE LAW, INCLUDING THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. EACH PROSPECTIVE BIDDER AND ANYONE CLAIMING BY, THROUGH OR UNDER THE SAME HEREBY FULLY AND IRREVOCABLY RELEASE SELLER AND CONCIERGE, AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ATTORNEYS AND AGENTS, FROM ANY AND ALL CLAIMS THAT HE/SHE/IT OR THEY MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST SELLERS AND/OR CONCIERGE, AND/OR THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ATTORNEYS AND AGENTS, FOR ANY COST, LOSS, LIABILITY, DAMAGE, EXPENSE, DEMAND, ACTION OR CAUSE OF ACTION ARISING FROM OR RELATING TO THE CONDUCT OF THE AUCTION AND/OR THE CONDITION OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO ANY CONSTRUCTION DEFECTS, ERRORS, OMISSIONS OR OTHER CONDITIONS, INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL MATTERS, AFFECTING THE PROPERTY, OR ANY PORTION THEREOF. THIS RELEASE INCLUDES CLAIMS OF WHICH PROSPECTIVE BIDDER IS PRESENTLY UNAWARE OR DOES NOT PRESENTLY SUSPECT TO EXIST IN HIS/HER/ITS FAVOR WHICH, IF KNOWN BY PROSPECTIVE BIDDER, WOULD MATERIALLY AFFECT PROSPECTIVE BIDDER’S RELEASE OF SELLERS AND CONCIERGE. EACH PROSPECTIVE BIDDER SHOULD CONSIDER THESE MATTERS WHEN REGISTERING AS A BIDDER AND BEFORE PARTICIPATING IN ANY AUCTION AND PLACING BIDS.

YOU ACKNOWLEDGE AND AGREE THAT THIS RELEASE AND DISCLAIMER IS INTENDED TO BE VERY BROAD AND YOU HEREBY WAIVE AND RELINQUISH ANY RIGHTS OR BENEFITS YOU MAY HAVE UNDER ANY STATE OR FEDERAL LAW OR LEGAL PRINCIPLE DESIGNED TO INVALIDATE RELEASES OF UNKNOWN OR UNSUSPECTED CLAIMS TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

Sales Associate/Broker Commission. In some cases, a commission/referral fee will be paid by Seller and/or Luxea Global to a properly registered and licensed real estate Sales Associate or Broker in the jurisdiction in which the Property is located whose client is the successful Buyer at the Auction and whose client completes the purchase of the Property. For more details regarding applicable commissions/referral fees, please visit the applicable Property’s web page. Title to the Property must be transferred and the client must pay the Purchase Price for the Property for such commission/referral fee to be paid.

In order to be entitled to any commission/referral fee, Bidder’s Real Estate Broker must:

  • Register his or her client by agreeing to these Terms and Conditions.

Submit this executed form via email to Luxea Global at info@luxeaglobalauctions.com or directly to a Luxea Global representative, for receipt prior to 5:00 p.m. PST on the business day before the


scheduled Auction date. Luxea Global may, in its discretion, extend this deadline.

 

  • Agree to be bound by these Terms and Conditions.
  • The Real Estate Broker’s client must close the purchase of the Property in accordance with the Purchase and Sale Contract.
  • Comply with all applicable laws and regulations relating to broker duties and commissions.

Luxea Global is not acting in any capacity as a real estate agent or broker for any Bidder or for the Seller. Please note the amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the client and broker.

 

Title. Title to the Property will pass free and clear of all liens and encumbrances, except as set forth in the Purchase and Sale Contract and subject to any Preliminary Title Report related to the Property, and Seller will convey good and marketable, fee simple title in accordance with the Purchase and Sale Contract.

No Contingencies. BUYER’S PURCHASE OF THE PROPERTY IS A CASH TRANSACTION WITH NO

CONTINGENCIES OR CONDITIONS OF ANY KIND, including, without limitation, a contingency for financing, due diligence or inspections.

Dispute and Withdrawal. Luxea Global may, in the event of any dispute between bidders, determine the successful bidder or re-offer the subject Property for auction. Should there be any dispute after the Auction, Luxea Global's record of the High Bid, and the Purchase Price shall be conclusive to resolve the dispute. Luxea Global and Seller reserve the right to withdraw the Property before or at the Auction in its sole discretion and shall have no liability whatsoever for such withdrawal.

Cancellation/Postponement. LUXEA GLOBAL RESERVES THE RIGHT TO CANCEL, POSTPONE OR WITHDRAW THE PROPERTY(S) UP TO THE START OF THE AUCTION. SELLER RESERVES THE RIGHT TO SELL THE PROPERTY(S) IN ANY MANNER IT SO DESIRES BEFORE OR UP TO THE START OF THE AUCTION.

Should Luxea Global choose to postpone the Auction, any Opening Bid shall remain active and irrevocable for a period not to exceed 45 days from the scheduled auction date. If the Auction is postponed, and the rescheduled beyond 45 days, Bidder may be permitted to make a new Opening Bid pursuant to the Terms and Conditions for the rescheduled auction. Please refer to the Terms and Conditions below for further clarification and instruction.

Applicable Laws. The respective rights and obligations of the parties with respect to these Terms and Conditions and the conduct of the Auction shall be governed, enforced and interpreted by the laws of the state of Nevada, without regard for conflicts of law principles.

PRESS RELEASES/PROMOTION. Each attendee of the Auction shall be deemed to have consented to the issuance of press releases and other public communications by Seller, Luxea Global and/or their agents regarding the Auction and the Property offered or sold at the Auction. By executing these Terms and Conditions each attendee of the Auction authorizes and consents to the recording of such attendee's participation and appearance on video tape, audio tape, film, photograph or any other medium and the exhibition or distribution of such recording without restrictions or limitation for any promotional purpose which Luxea Global and those acting pursuant to its authority, deem appropriate. Bidder hereby releases and discharges Luxea Global, its members, officers, employees, representatives and agents, from any and all claims and demands arising out of or in


connection with the use of such photographs, film or tape, including but not limited to any claims for defamation or invasion of privacy or rights to publicity.

NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

INDEMNIFICATION. Bidder shall indemnify, defend (by counsel satisfactory to Luxea Global) and hold harmless Luxea Global and its officers, employees, agents and representatives (collectively, the “Indemnitees”), against any claim, demand, cause of action, loss, liability, deficiency, fine, penalty, damage or expense (including reasonable attorney’s fees and costs and including interest and penalties) (a "Loss") which any Indemnitee may suffer, incur, sustain or become subject to, as a result of or in connection with: (i) any breach by Bidder of any representation, warranty, obligation or covenant set forth in these Terms and Conditions; (ii) any breach by Bidder of any Purchase and Sale Contract; and (iii) any damage to person or property caused by Bidder in connection with the Property or the Auction.

LIMITATION OF LIABILITY. You agree that Luxea Global shall not be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any Bidder or any other person or entity in connection with the Auction and/or the sale of any Property and/or the failure of any party to complete the sale of any Property. Without limiting the foregoing, in no event shall Luxea Global’s liability to any Bidder for any act or omission occurring in connection with the Auction exceed the amount that such you have actually paid to Luxea Global as a deposit or as payment for a particular Property. Offers made at the Auction are void where prohibited by law. IN NO EVENT WILL LUXEA GLOBAL BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES RELATED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE SALE OF THE PROPERTY OR THE AUCTION, OR OUT OF ANY BREACH OF WARRANTY, EVEN IF LUXEA GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall

apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Limitation on Time to File Claims. THE PARTIES EXPRESSLY AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE WEBWEBSITE OR AN AUCTION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

NOT AN OFFER TO SELL; SOLICITATION ONLY. Any information on any website, in any brochure, e- mail or postcard and any and all information available regarding the Properties shall not constitute an offer to sell or a solicitation of any offer to buy any Property. In addition, and without limiting the foregoing, any website, advertisement or brochure shall not constitute an offer to sell or a solicitation of any offer to buy nor shall there be any Auction of any Property in any state in which such offer, solicitation, or Auction would be unlawful. Offers made at the Auction are void where prohibited by law.


LICENSING. For information about Luxea Global’s licensing and bonding, please contact Luxea Global.

THIRD PARTIES. Luxea Global and/or Seller may provide and/or designate certain third parties to provide ancillary services in connection with a Property Auction and/or links to the websites or products or services of others (“Third-Party Services”). Luxea Global and Seller have no control over, and no liability for any such Third- Party Services. Any such designations do not constitute an endorsement by Luxea Global or Seller of such third- party service providers, or the products, or services of such third parties. These third parties operate independently of Luxea Global and Seller and have established their own terms and conditions and policies. Bidder acknowledges and agrees that Luxea Global and Seller are not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Services.

SEVERABILITY; WAIVER. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

ENTIRE AGREEMENT. These Terms and Conditions, together with any additional terms and conditions specific to a particular auction (which are incorporated herein by reference and can be found through one or more links on the detail page for the auction in question), constitute the entire agreement between Luxea Global and Bidder regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.

ARBITRATION; VENUE; PREVAILING PARTY. The parties agree to submit all controversies, disputes, claims and matters of difference arising out of or relating to these Terms and Conditions and/or the parties’ relationship, including but not limited to the enforcement, scope and/ or interpretation of these Terms and Conditions, exclusively to arbitration in Las Vegas, Nevada in accordance with the Commercial Arbitration Rules of the American Arbitration Association from time to time in effect (the “Arbitration Rules”). The parties may agree on a retired judge as sole arbitrator. In the absence of such agreement, there will be three arbitrators, selected in accordance with the Arbitration Rules. If there are three arbitrators, a decision reached by at least two of the three arbitrators will be the decision of the arbitration panel. The parties agree to abide by all decisions reached and awards rendered in such arbitration proceedings, and all such decisions and awards will be final and binding on both parties. Judgment upon the award may be entered in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. By bidding at an auction, whether present in person, or by agent, by proxy, by written bid, telephone bid, internet bid, or other means, the Bidder shall be deemed to consent to the jurisdiction of the state and federal courts located in Clark County, Nevada, (and of the appropriate appellate courts therefrom) in any such action or proceeding (including an action to compel arbitration) and waives any objection to venue. Process in any action or proceeding may be served personally or by registered mail anywhere in the world. In the event of any such arbitration or any permitted court action, the prevailing party shall be entitled to reimbursement from the non- prevailing party of all reasonable attorney’s fees and costs/expenses of the prevailing party and any award of the arbitrator(s) or court will include costs and reasonable attorneys’ fees to the prevailing party. If any Party files a court action arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, to compel or stay arbitration, or to confirm, vacate or modify an arbitration award (except for a non-contested application to confirm), or to seek payment of any attorneys' fees and/or costs awarded by the arbitrator(s) but not paid by the non-prevailing party


in the arbitration, or in the event any Party seeks enforcement of any arbitration award or judgment arising out of an arbitration award, reasonable attorney’s fees and other costs incurred by the prevailing Party in such court action or in connection with such judgment enforcement shall be reimbursed by the non-prevailing Party. THE PARTIES UNDERSTAND THAT, ABSENT THIS AGREEMENT, THEY WOULD HAVE THE RIGHT TO SUE EACH OTHER IN COURT, AND THE RIGHT TO A JURY TRIAL, BUT THEY GIVE UP THOSE RIGHTS VOLUNTARILY AND AGREE TO RESOLVE ANY AND ALL GRIEVANCES BY ARBITRATION.

By:                                                                                                    By:                                                                                

Its:                                                                                                     Its:                                                                               

Intellectual Property Rights. The Website and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret an d other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit an y of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.


If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

Trademarks. The Company name and its logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.


  • Otherwise attempt to interfere with the proper working of the Website.

Luxea Global reserves the right to terminate your use of the Services and/or the Website. To ensure that Luxea Global provides a high quality experience for you and for other users of the Website and the Services, you agree that Luxea Global or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website or the Services. Luxea Global does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Luxea Global reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Luxea Global believes that you have violated any of the Terms of Use, furnished Luxea Global with false or misleading information, or interfered with use of the Website or the Services by others.

Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on or use of such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third -party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Linking to the Website and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.


  • Send emails or other communications with certain content, or links to certain content, on this Website. • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Your Comments and Concerns. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to                    _.

Date

Bidder Name:                                                               

Bidder Signature:                                                         


BUYER BROKER/AGENT PARTICIPATION FORM & GUIDELINES

  

Property Address:                                                           

Property ID#:                      

Broker Information

 

Broker Print Name:                                                                                                                           _

Cooperating Brokerage Commission: 2.5% (TWO AND ONE HALF percent) is the amount to be paid to the Broker representing the client who successfully closes on the property.

License No.                                                                                                                                                                                                                                                                Company                                                                                                                                          Address                                                                                                                                             


City                                                                 


State                                     


Zip                          _


Telephone                                                     Fax                                                                 

E-mail                                                                

Client Information

 

Print Name                                                        _                                                                               E-mail                                                             Telephone                                                                 _ Address                                                                                                                                                City                                                                  State                            Zip                                                   

All prospects must be registered with Community Raisers LLC, a Wyoming limited liability company, d/b/a Luxea Global Auctions (“Luxea Global Auctions”) with the Buyer Broker/Agent Registration document provided. This form must be received by Luxea Global Auctions prior to the Client biding on the property. FORMS SENT DIRECTLY TO THE SELLER WILL NOT BE HONORED.

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Cooperating Broker Requirements. A cooperating broker commission will be paid by the Seller’s Listing Agent based on the winning Bid amount (not including the buyer's premium) will be paid to a properly licensed real estate broker:

i.) Who is licensed in the state or jurisdiction in which the property is located and adhere to the National Association of Realtors® Code of Ethics.

ii.) Who has submitted this Buyer Broker/Agent Registration form to Luxea Global Auctions prior to Client placing a bid on the property.

iii.) Who has been identified by their client on the Buyer Broker/Agent Registration document, and whose client successfully purchases the Property and closes the transaction in accordance with the Purchase Agreement.

To qualify for and earn a commission and become a registered broker/agent, you must:

i.) For online Bidding clients, you must complete the Buyer Broker/Agent Participation Form online at www.luxeaglobalauctions.com and you must ensure that when your client registers, he or she includes your information as part of the registration identifying you as the broker/agent. You will be required to complete the necessary electronic signatures as part of the purchase transaction within the time frames required.

ii.) You must provide a copy of your Buyer Broker/Agent Participation Form to the escrow/closing agent prior to closing. You will be required to provide the escrow/closing agent with an IRS Form W-9 or electronically complete an IRS Form W-9 in order to receive a commission. This W-9 must be completed by your broker as payment can only be made through the broker who holds your license.

iii.) Inspect each Property with your client;

iv.) Submit this form prior to the Client placing a bid in the online auction. For the agent that represents the winning bidder, a commission as a percentage of the high bid amount not to include the buyer’s premium will be paid at closing.

NO commission will be paid to a registered broker/agent (a) acting as a principal in the purchase of any Property, (b) acting as the broker/agent on behalf of an entity (including any corporation, partnership, limited liability company, or trust) in which the broker/agent has an interest, (c) acting as the broker/agent on behalf of an immediate family member (defined as a spouse, parent, sibling, or child including in-law relationships) or (d) who is not duly licensed as a real estate broker or agent in the state or jurisdiction in which the Property lies.

THIS FORM MUST BE RECEIVED PRIOR TO CLIENT PLACING A BID FOR THE SUBJECT PROPERTY

 

[SIGNATURE PAGE FOLLOWS]


Send to: Luxea Global Auctions

Attn: Project Manager

Fax to:                                     _ Email to:                                                    

  • The Broker and the Principal Bidder, by placing their signatures below, certify that they have inspected the premises of the subject property during a scheduled open house or by appointment.
  • The Broker and the Principal Bidder hereby attest that the Broker is serving only as an Agent for the Buyer and not as a Principal involved in the purchase of the property.
  • The Bidder hereby acknowledges that Luxea Global Auctions is not representing Client in any agency capacity whatsoever and is performing no brokerage duties. Client further acknowledges that their Broker is working on behalf of Client as a buyer’s agent only. Commission shall be paid to Broker representing Principal Bidder only if he/she has met all of these requirements. Broker and the Principal Bidder acknowledge that no commission will be paid by Luxea Global Auctions.
  • BROKER ACKNOWLEDGES THAT HE/SHE IS NOT A SUBAGENT OF LUXEA GLOBAL AUCTIONS AND REPRESENTS THE CLIENT AS A BUYER’S BROKER.

The undersigned hereby certifies and agrees to the herein terms and conditions of registration.

Client/Bidder’s Signature                                                                                              

Date                                                

Broker’s Signature                                                                                                           

Date                                                  


BIDDER REGISTRATION

 

AGENT REPRESENTATION, ESCROW AGENT WIRE INSTRUCTIONS

 

 

Bidder Name:                                                                                                                                                           (“Bidder”)

Opening Bid Buyer Incentive. If you agree to make an opening bid for a Property which meets the criteria set forth below, and you are the high bidder at the Auction (“Opening Bid”), you may qualify for an incentive from seller in the form of a credit against the purchase price that would have otherwise paid for the Property, in an amount of the Opening Bid. The Opening Bid Buyer incentive will be deducted from the purchase price to be paid by the Bidder at closing if the Buyer is the successful purchaser of the Property. To determine whether there is an Opening Bid Buyer Incentive for a particular property and the amount of such Opening Bid Buyer incentive, please visit the applicable property web page at www.luxeaglobalauctions.com.

Sales Associate/Broker Commission. In some cases, a commission/referral fee will be paid by seller to a properly registered and licensed real estate Sales Associate or Broker in the jurisdiction in which the Property is located and whose client is the successful Buyer at the Auction and whose client completes the purchase of the Property(s). For more details regarding applicable commissions/referral fees, please visit the applicable Property’s web page at www.luxeaglobalauctions.com. Title to the Property(s) must be transferred and the client must pay the Purchase Price for the Property(s) for such commission/referral fee to be paid.

In order to be entitled to any commission/referral fee, the Real Estate Broker must:

  • Register his or her client by completing and executing these Terms & Conditions in full.
  • Submit this executed form via email to Luxea Global at INFO@Luxeaglobalauctions.com or directly to a Luxea Global representative, for receipt prior to 5:00 p.m. local time where the Property is located on the day before the scheduled Auction date. Luxea Global may, in its discretion, extend this deadline.
  • Abide by these Auction Terms & Conditions.
  • The Real Estate Broker’s client must close the purchase of the Property in accordance with the Purchase and Sale Contract.
  • Comply with all applicable laws and regulations relating to broker duties and commissions.

Luxea Global is not acting in any capacity as an agent or broker for any Bidder. Luxea Global is not acting in any capacity as a broker for the seller. Please note the amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the client and broker.

IF BIDDER IS REPRESENTED BY A SALES ASSOCIATE OR BROKER:


Sales Associate/Broker:                                                                                                                                                                              

 


Email Address:                                                                    Cellular Phone:      


License Number:                                                        Work Phone:           


Firm or Company:                                                               Broker Number:                                                                                                   Company Address:                                                                                                                                                                                                 










Bidder Signature                                                                                           Date

 

 

ESCROW AGENT WIRE INSTRUCTIONS                   

Must be received prior to 5:00 pm on the day

before the scheduled commencement of the Auction 


RETURN WIRE INSTRUCTIONS

Bank Name:                                                                                 

Phone/Contact:                                                                           

Bank Address:                                                                             

                                                                                                   

ABA Number:                                                                             

Account Name:                                                                          

Account No.:                                                                              


Earnest Money Escrow Agreement (Non-Interest Bearing)

 

This Escrow Agreement is made effective as of the date of signature by and among _Escrow Agent Listed (referred to as “Company” or “Escrow Agent”) and                                                                                                                                                       (“Bidder”).

Whereas, Bidder is a party to that certain bidder registration with Luxea Global Auctions dated

                              , (“Bidder Registration”) and has agreed to deposit with Escrow Agent the bidder deposit amount indicated in the Bidder Registration (the “Bidder Deposit”); and

Whereas, Bidder has requested Escrow Agent to hold the amount indicated in the Bidder Registration, together with any additional deposits (collectively, the “Deposit”) in accordance with the provisions of this Escrow Agreement and the Bidder Registration.

Now, therefore, in consideration of the mutual promises set forth herein and other good and valuable consideration and the proposed issuance of a title policy by the Company, the parties agree as follows:

  • Escrow Agent. Bidder hereby appoints _Escrow Agent_, as escrow agent hereunder. The Deposit is hereby delivered to Escrow Agent, who by signing below, acknowledges its receipt of Bidder Deposit in the form of a wire transfer or check.
  • Deposit. Escrow Agent is authorized and directed to deposit the Bidder Deposit at into the Company’s general escrow account. The Deposit shall be subject to the rules, regulations, policies and procedures of said depository and the provisions of applicable law. The Deposit will not be invested.
  • Release of Deposit. Escrow Agent shall hold the Deposit until written release disbursement instructions are received from Bidder and Luxea Global Auctions. No disbursements will be made until the Deposit has been irrevocably credited to the account named in provision 2 of this Escrow Agreement.
  • Reliance and Limitation of Liability. The Escrow Agent may act in reliance upon any writing, instrument or signature which it, in good faith, believes to be genuine; may assume the validity and accuracy of any statements or assertions contained therein; and may assume the authorization of any person signing such writing. The Escrow Agent shall not be liable for any loss or damage resulting from:
  • The default, error, action or omission of any party to this Escrow Agreement.
  • Penalties, loss of principal or any delays in the withdrawal of funds, which may be imposed by the depository.
  • Loss or impairments of funds while those funds are in the course of collection or while those funds are on deposit in a financial institution if such a loss or impairment results from the failure,


insolvency or suspension of the financial institution.

  • Any levies by taxing authorities related to the Deposit.
  • Any loss arising from the fact the Deposit exceeds the amount not insured by the Federal Deposit Insurance Corporation.
  • The Escrow Agent’s compliance with any legal process, subpoena, writs, orders, judgments and decree of any court whether issued with or without jurisdiction and whether or not consequently vacated, modified, set aside or reversed.
  • Any acts or omissions of any kind unless caused by its willful misconduct or gross negligence.
  • Defaults, Non-performance and Disputes. If written notice of a default, non-performance or dispute is given to the Company by any party, the Company will promptly notify all other parties in writing in accordance with provision this Escrow Agreement. Ten days after proper notice by the Company as set forth herein, the Deposit will be released pursuant to the demand, unless contrary written instructions are received from any other party(ies) to the Escrow Agreement. If contrary written instructions are received by the Company prior to the expiration of ten days after proper notice, the Company will not disburse the Deposit until it receives a mutual written agreement of all parties to this Escrow Agreement or upon receipt of an appropriate final, non-appealable court order.
  • Resignation and Interpleader. The Escrow Agent may resign at any time. At the time of the resignation, the parties must appoint a successor escrow agent within 30 days. If none is appointed, the Company may petition a court of competent jurisdiction to appoint a successor escrow agent. In the event of a disagreement about the interpretation of this Escrow Agreement, the Company, may, in its sole discretion, file an action in interpleader or other court action to resolve the disagreement. All parties agree to (a) indemnify the Company for any and all attorneys’ fees and costs expended, and (b) permit the Company to deduct from the Deposit any court costs and attorneys’ fees reasonably incurred by the Company.
  • Notices, Demands and Communications. All notices, demands or other communications shall be in writing and given to the person(s) to whom the notice is directed, either by: (a) actual delivery at the addresses stated below, including a national overnight delivery service, which shall be deemed effective at the time of actual delivery; (b) certified mail, return receipt requested, addressed as stated below, posted and deposited with the

U.S. Postal Service, which shall be deemed effective three business days after being so deposited; or (c) e-mail transmission to the e-mail address stated below, provided that there is simultaneous deposit of such notice with a national overnight delivery service addressed as stated below, which notice shall be deemed effective upon the earlier to occur of: (i) confirmation of receipt of the e-mail transmission; or (ii) actual delivery by the overnight delivery service.


All notices, demands or other communications hereunder shall be addressed as follows:

If to Bidder: as disclosed in the Bidder Registration.

If to Luxea Global Auctions:                                                           If to Escrow Agent:

 

Nevada Office

Attn:                                                  10845 Griffith Peak Drive

Las Vegas, NV 89135

  • Governing Law. This Escrow Agreement shall be construed and enforced in accordance with the laws of the State of Nevada.
  • Counterparts and Originals. This Escrow Agreement may be executed in several counterparts, each of which shall be deemed an original and constitute one and the same instrument. Copies of this executed Escrow Agreement shall have the same effect as an original.
  • Headings. The headings are for reference only and shall not define or limit the terms of this Escrow Agreement.
  • Entire Agreement. These Terms & Conditions constitute the entire agreement between the parties to this agreement, including Bidder, regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.
  • Dispute Resolution / Arbitration: ANY AND ALL DISPUTES THAT MAY ARISE BETWEEN OR AMONG THE PARTIES ARISING OUT OF THE RELATIONSHIP OF THE PARTIES, INCLUDING WITHOUT LIMITATION THIS AGREEMENT, SHALL BE RESOLVED BY SUBMITTING SUCH DISPUTE TO ARBITRATION BEFORE A MUTUALLY ACCEPTABLE ARBITRATOR WHO WILL RENDER A DECISION BINDING ON THE PARTIES WHICH CAN BE ENTERED AS A JUDGMENT IN COURT PURSUANT TO NRS 38.015, ET SEQ. SUCH BINDING ARBITRATION SHALL BE THE EXCLUSIVE REMEDY FOR RESOLUTION OF ANY AND ALL DISPUTES ARISING OUT OF THE RELATIONSHIP OF THE PARTIES, INCLUDING WITHOUT LIMITATION, THIS AGREEMENT. THE EXCLUSIVE VENUE FOR SUCH ARBITRATION SHALL BE CLARK COUNTY, NEVADA. THIS AGREEMENT SHALL BE INTERPRETED AND ENFORCED ACCORDING TO THE LAWS OF THE STATE OF NEVADA. IF ANY SUCH ARBITRATION IS INITIATED, THE SUCCESSFUL OR PREVAILING PARTY SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN CONNECTION WITH THE ARBITRATION, IN ADDITION TO ANY OTHER RELIEF TO WHICH THE PARTY MAY BE ENTITLED.

INITIALS CONSENTING TO DISPUTE RESOLUTION / ARBITRATION PROVISION: BIDDER: 

  • Forum Selection Clause / Choice of Law: The parties hereby agree that all disputes arising out of or among the parties or arising out of the relationship of the parties/signatories to this agreement, including without


limitation, this agreement, shall be subject to the foregoing arbitration provision in paragraph 12 hereto, and that all such arbitration proceedings shall be filed and arbitrated in Clark County, Nevada. The parties agree that Clark County, Nevada, shall be the exclusive forum for resolution of any and all such disputes. In connection with the foregoing, the parties hereto irrevocably consent to the jurisdiction and venue of such court and expressly waive any claims or defenses of lack of jurisdiction of or proper venue by such court.

  • No Third-Party Beneficiary: This agreement is not intended to and shall not be construed to give any third party any interest or rights, including without limitation, any third party beneficiary rights, with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
  • Force Majeure: No party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which events and/or circumstances are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy; provided that the parties stipulate that Force Majeure shall not include the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this agreement. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss,

(b) changes in the market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

IN WITNESS WHEREOF, the parties have executed this Escrow Agreement this date,                                                                                                                                                                               .

Bidder(s):

 

By:                                                                       

Print Name:                                                          

Its:                                                                        

Accepted:                                                                   Accepted: Luxea Global Auctions

 

By:                                                                              By:                                                                       

Print Name:                                                                 Print Name:                                                          

Its:                                                                               Its:                                                                        

Registered bidders are asked to submit a bank letter along with the appropriate registration forms. Below is a sample format. The bank letter or another acceptable form from your bank must be provided on bank letterhead.


BANK LETTER


[DATE]

Luxea Global Auctions, LLC. Attn:                                    10845 Griffith Peak Drive

Las Vegas, NV 89135

RE: [BIDDER’S NAME]

Dear Sir/Madam:

As of today, [BIDDER NAME] has an available balance of [BALANCE] and has had an average balance of [BALANCE] over the past six months. This letter will serve as notification that [BIDDER’S NAME], between bank accounts and investments with [BANK’S NAME], has the ability to wire transfer from account number(s) [ACCOUNT NUMBER] to cover up to a purchase of [BID LIMIT]. Further, [BIDDER’S NAME] has had no instances of non-payment due to non-sufficient funds within the last year.

If further information is needed, please contact this office at [DIRECT LINE OF SIGNING OFFICER], and if I am not available, please contact [ALTERNATIVE BANK CONTACT] at [ALTERNATIVE PHONE NUMBER].

 [BANK OFFICER SIGNATURE] [BANK OFFICER NAME] [DIRECT PHONE NUMBER]


AUCTION TERMS AND CONDITIONS

 

 

 

BIDDER NAME:                                                                                                                                                           (“Bidder”)

MAILING ADDRESS:                                                                                                                                                                                                                 

WORK PHONE:                                               CELL PHONE:                                                         EMAIL:                     


PROPERTY ADDRESS: 40 Martinez Gulch Rd Clancy, MT 59634, United States

(“Property”)

AUCTION DATE: ON OR BEFORE April 17 2021 6 p.m. MST

TERMS AS FOLLOWS:

Bidder Registration is Required for this Auction. Community Raisers LLC, a Wyoming limited liability company, d/b/a Luxea Global Auctions, its affiliates, agents, auctioneers and representatives ("Luxea Global Auctions") will present the Property for sale by auction (the "Auction") on behalf of the seller of the Property (the "Seller"). The Auction is only open to those persons who register as “Bidders,” in accordance with these Terms & Conditions (“Terms and Conditions”). These Terms & Conditions, along with the Marketing Agreement, constitute the entire agreement between Seller, Luxea Global Auctions and Bidders. By participatin in the Auction, Bidder acknowledges and agrees that Bidder is bound by these Terms & Conditions as well as any additional terms that may be imposed by the Seller or announced prior to or at the Auction by Luxea Global Auctions.

  • BIDDING. All bidding is open to the public without regard to race, religion, color, sex, familial status, national origin, disability or sexual orientation or any other factor protected by federal, state or local law. Luxea Global Auctions reserves the right to reject any bid in its sole discretion. The Bidder who submits the High Bid accepted by Luxea Global Auctions will be the buyer of the Property ("Buyer"). The "High Bid" shall mean the highest bid acknowledged by Luxea Global Auctions. By participating in the Auction, Bidder represents, warrants and covenants that any bid it makes constitutes an irrevocable offer to purchase the Property(s) for the full amount of the bid and that once a High Bid is accepted, Bidder is obligated to purchase the Property for the amount of the High Bid. In the event of any dispute between Bidders, or in the event of doubt on the part of Luxea Global Auctions as to the validity of any bid, Luxea Global Auctions will have the final discretion to determine the successful Buyer, cancel the Auction, or to re-offer the subject Property(s) for auction. If any dispute arises after the Auction, the Auction record of Luxea Global Auctions shall be conclusive to determine all bidding issues, including but not limited to the High Bid and the Buyer. Luxea Global Auctions may allow telephonic, absentee, proxy, mobile app and/or Internet bids as a convenience to Bidders. Bidders assume the risk of any errors or omissions in connection with such bids.
  • BIDDER REGISTRATION; DEPOSIT. The Auction is only open to members of the public who have properly registered as Bidders pursuant to these Terms and Conditions. To obtain a bidder's paddle, Bidder must (1) register by signing and submitting to Luxea Global Auctions these Terms & Conditions, registration materials, and any required escrow instructions and (2) bring a Cashier’s Check for $10,000 USD (Bidder’s Deposit) made payable to Escrow Agent on Auction day. There are no exceptions unless otherwise approved by the seller(s). If Bidder is the Buyer, the Bidder's Deposit shall be handled in accordance with these Auction Terms & Conditions and the Purchase and Sale Contract.
  • BUYER PREMIUM. A Buyer’s Premium in the amount of 10% will be added to the High Bid and will be paid by the successful high bidder. The buyer premium added to the High Bid will be the sum and will equal the Total Purchase Price. Buyer acknowledges and agrees that the Buyer's Premium is deemed earned upon conclusion of the Auction and shall be held by escrow agent and disbursed to Luxea Global Auctions by escrow agent upon closing. If the sale of the Property is not consummated for any reason other than default by the Seller, the Buyer Premium shall nevertheless be due and payable to Luxea Global Auctions. The Buyer Premium is not a real estate commission; it is the fee that Luxea Global Auctions charges to bidders for bringing the Property(s) to auction. Any applicable real estate commissions will be determined by the parties in a separate agreement in escrow. Luxea Global Auctions is not involved in any way in connection with the closing of any real property transaction and all such functions will be handled exclusively by third party real estate brokerage or legal professionals.
  • Intentionally Left Blank.
  • BID ACCEPTANCE; COMPLETION. THIS PROPERTY IS BEING SOLD TO THE HIGHEST BIDDER. Once the High Bid is accepted, the Buyer is declared, and the Auction closed, Buyer will be required immediately to 1) execute the Purchase and Sale Contract (the “Contract”), Escrow Instructions and other documents required by the Closing and Escrow Agent, and 2) to initiate a wire transfer in the amount necessary to meet 10% of the Purchase Price (the "Deposit"), no later than by the close of business on the Auction Date or next business day. Bidder understands that its failure to perform either of these requirements will result in forfeiture of the Bidder's Deposit.
  • PURCHASE AND SALE CONTRACT. The Contract is an As-Is Contract. It is available for review by all Bidders prior to the Auction. Bidders are encouraged to request and review the Contract in advance. The terms of the Contract are not negotiable upon being declared the Buyer. The Contract has been modified to correspond with these Terms of Sale. The Buyer agrees to sign the Contract immediately after the Auction. As between Buyer and Seller, the Purchase and Sale Contract supersedes any and all other documents or information (including without limitation these Terms & Conditions) and serves as the definitive document for the purchase and sale of the Property(s). Luxea Global Auctions is not a party to the Purchase and Sale Contract. Luxea Global Auctions does not guarantee that any sale of the Property will be consummated. The term "Purchase Price" shall mean the High Bid, excluding the Buyer Premium and any other amounts payable by the Buyer pursuant to the Contract such as closing costs, escrow/closing fees, property taxes, insurance, transfer fees/taxes.
  • CLOSING. The Buyer must sign Contract and ancillary documents on the day of the Auction and will be required to make an appointment with a closing agent to pay the balance of the purchase price and receive the deed to the property. All closings must occur within thirty (30) days and no earlier than 15 days from Condo

Documents Receipt Date. The date of closing the purchase of the Property between Buyer and Seller shall be the "Closing Date" set forth in the Contract, which shall be no later than (30) days from the Auction Date, unless modified in writing and signed by the parties. In the event the parties agree to an extension of the closing date; Luxea Global Auctions’ Fee shall remain due no later than thirty (30) days from the Auction Date.

10. CLOSING AND ESCROW AGENT; CLOSING COSTS. Closing and escrow services shall be provided exclusively by at Buyer’s expense (“Escrow Agent”). Luxea Global Auctions does not provide closing services. The Buyer shall pay all closing costs for residential sales in the county where the Property is located. Closing costs shall include documentary stamps, transfer taxes, and title insurance.

  • DEFAULT. Failure to comply with these Terms & Conditions by the Buyer will result in a default being declared and the Deposit and Buyer Premium being retained by Seller in addition to other equitable and legal remedies under applicable law all of which are reserved.
  • AUCTION PROCEDURES. Open and verbal announcements made at the Auction will take precedence over all printed material. Seller reserves the right at its sole discretion to accept or reject any offers made before the Auction begins. Method, order of sale, and bidding increments shall be at the sole discretion of the Luxea Global Auctions. Auction does not begin until Luxea Global Auctions accepts the first bid on the day of the Auction. LUXEA GLOBAL AUCTIONS AND SELLER RESERVE THE RIGHT TO MODIFY OR AMEND ANY TERMS OF THE AUCTION, THE AUCTION METHOD OR PARTICULAR CONDITIONS OF THE AUCTION UPON ANNOUNCEMENT PRIOR TO OR DURING THE COURSE OF THE AUCTION. SELLER RESERVES THE RIGHT TO OFFER THE PROPERTY(S) FOR SALE IN ANY MANNER OR METHOD.

Luxea Global Auctions may, in the event of any dispute between bidders, determine the successful bidder or reoffer the subject Property for auction. Should there be any dispute after the Auction, Luxea Global Auctions' record of the High Bid, and the Purchase Price shall be conclusive to resolve the dispute. Luxea Global Auctions reserves the right to withdraw the Property before or at the Auction in its sole discretion and shall have no liability whatsoever for such withdrawal.

  • PROPERTY INSPECTION. Prospective buyers are encouraged to personally inspect the Property prior to Auction day. Bidder assumes all risks associated with such inspection. Buyers are solely responsible to verify any information they deem important to the purchase of the Property. Luxea Global Auctions and Seller make no guarantees or warranties as to the condition of the Property and assume no liability for any errors or omissions contained in any advertising or promotion of the Property, whether they are written, oral or otherwise stated. The Property is being offered in its “AS-IS, WHERE-IS” condition, with no guarantees or warranties whatsoever. Although information has been obtained from resources deemed reliable, neither Luxea Global Auctions nor Seller makes any guarantee as to the accuracy of any such information. In connection with any due diligence, inspection, visit and/or investigation of the Property(s) by Prospective Bidders, Bidders and or any person/entity/representative acting on their behalf (the "Inspectors"), the Prospective Bidders, Bidders, and Inspectors shall (a) ensure that the Property(s) is kept free and clear of liens, (b) ensure that any and all damage arising from such inspection is repaired, and (c) indemnify, defend and hold Seller and Luxea Global Auctions harmless from all liability, claims, demands, damages and/or costs directly or indirectly arising there from. Inspectors shall carry, or require anyone acting on Inspector's behalf to carry, policies of liability insurance, workers' compensation and other applicable insurance, defending and protecting Seller and Luxea Global Auctions from liability for any injuries to persons or property occurring during any inspection of the Property(s).


  • DISCLAIMER. Bidder acknowledges and agrees that Bidder is bidding for and, when the High Bidder is confirmed by the Luxea Global Auctions, will acquire the Property, including the improvements constructed thereon and all appliances and building systems, in its state and condition as of Auction Date, with all defects, both patent and latent, and with all faults, whether known or unknown, presently existing or that may hereafter arise (to the fullest extent allowed by applicable law). Bidder acknowledges and agrees that Luxea Global Auctions has not made, does not make and specifically negates and disclaims any representation, warranty, promise, covenant, agreement or guaranty of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the property, including without limitation: (a) the value, nature, quality or condition of the property, including, without limitation, the water, soil and geology; (b) the income to be derived from the Property, if any; (c) the suitability of the Property for any and all purposes, activities and uses which bidder may conduct thereon; (d) the compliance of or by the property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (e) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Property; (f) the manner or quality of the construction or materials, if any, incorporated into the Property; (g) the manner, quality, state of repair or lack of repair of the Property; (h) the existence of any view from the Property or that any existing view will not be obstructed in the future; (i) any other matter with respect to the Property, (j) the structural integrity of any improvements on the Property, (k) the conformity of the improvements to any plans or specifications for the Property that may be provided to Bidder, (l) the conformity of the Property to applicable zoning or building code requirements, the existence of soil instability, past soil repairs, susceptibility to landslides, sufficiency of undershoring, sufficiency of drainage, or any other matter affecting the stability or integrity of the land or any buildings or improvements situated thereon, (n) whether the Property is located in a special studies zone under the public resources code or a seismic hazards zone or a state fire responsibility area, or a special flood hazard zone or (o) the presence of termites or other pests and any damage to the Property and/or its improvements that may have occurred as a result. Bidder acknowledges that the Property and its improvements may not be in compliance with applicable zoning, building, health or other laws or codes, and Luxea Global Auctions has not occupied the Property and the Property may not be in habitable condition. Bidder further acknowledges and agrees that, without limitation, Seller and Luxea Global Auctions have not made, do not make, and specifically disclaim any representations regarding compliance with the ADA or with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, as defined by the U.S. EPA regulations or the disposal or existence, in or on the properties, of any hazardous substance, as defined by the CERCLA of 1980, as amended, and regulations promulgated thereunder. Each prospective bidder and anyone claiming by, through or under the same hereby fully and irrevocably release seller and Luxea Global Auctions, and their respective affiliates, employees, officers, directors, representatives, attorneys and agents, from any and all claims that he/she/it or they may now have or hereafter acquire against sellers and/or Luxea Global Auctions, and/or their respective affiliates, employees, officers, directors, representatives, attorneys and agents, for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or relating to the conduct of the auction and/or the condition of the property, including but not limited to any construction defects, errors, omissions or other conditions, including but not limited to environmental matters, affecting the property, or any portion thereof. this release includes claims of which prospective bidder is presently unaware or does not presently suspect to exist in his/her/its favor which, if known by prospective bidder, would materially affect prospective bidder's release of sellers and Luxea Global Auctions. Each prospective bidder should consider these matters when registering as a bidder and before placing bids. BIDDER ACKNOWLEDGES THAT THIS RELEASE AND DISCLAIMER IS INTENDED TO BE VERY BROAD AND BIDDER EXPRESSLY WAIVES AND RELINQUISHES ANY RIGHTS OR BENEFITS IT MAY HAVE UNDER ANY STATE OR FEDERAL LAW OR LEGAL PRINCIPLE DESIGNED TO INVALIDATE RELEASES OF UNKNOWN OR UNSUSPECTED CLAIMS TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
  • FURNISHINGS. Furnishings are NOT included as part of the sale.
  • TITLE. Seller will convey good and marketable fee simple title in accordance with the Contract.
  • NO FINANCING CONTINGENCY; NO INSPECTION CONTINGENCY; AS-IS PROPERTY. Buyer's purchase of the Property is a cash transaction with no financing contingency and no inspection contingency. Buyer's purchase of the property is an As-Is transaction.
  • TIME. Calendar days shall be used in computing time periods, unless otherwise directed herein. Any time periods provided for in these Terms and Conditions, which shall end on a Saturday, Sunday, or national legal holiday (5 U.S.C. 6103) shall extend to 5:00PM (where the Property is located) of the next business day. TIME IS OF THE ESSENCE IN THESE TERMS AND CONDITIONS.
  • CANCELLATION/POSTPONEMENT. Luxea Global Auctions and Seller reserve the right to cancel, postpone or withdraw the Property before or up to the start of the Auction. Luxea Global Auctions and the Seller reserve the right to offer the Property in any manner and reserve the right to sell the property in any manner up to the start of the auction. Luxea Global Auctions and Seller reserve the right to alter, modify, or change any of the terms or this sale at its sole discretion before or at the start of the Auction. The Auction starts when the auctioneer accepts the first bid on the day of auction. All announcements made from the Auction block shall take precedence over any previously printed material or any other oral statements made.
  • APPLICABLE LAWS. The respective rights and obligations of the parties with respect to these Terms & Conditions and the conduct of the Auction shall be governed, enforced and interpreted by the laws of Nevada without regard for conflicts of law principles.
  • CONSENT TO PUBLIC COMMUNICATIONS. Each attendee of the Auction shall be deemed to have consented to the issuance of press releases and other public communications by Seller, Luxea Global Auctions and/or their agents regarding the Auction and the Property offered or sold at the Auction. By executing these Terms & Conditions each attendee of the Auction authorizes and consents to the recording of such attendee's participation and appearance on video tape, audio tape, film, photograph or any other medium and the exhibition or distribution of such recording without restrictions or limitation for any promotional purpose which Luxea Global Auctions and those acting pursuant to its authority, deem appropriate. Bidder hereby releases and discharges Luxea Global Auctions, its officers, employees and agents, from any and all claims and demands arising out of or in connection with the use of such photographs, film or tape, including but not limited to any claims for defamation or invasion of privacy or rights to publicity.
  • LIMITATION OF LIABILITY. Neither Luxea Global Auctions nor Seller shall be liable for any damages of any type or nature (whether in contract, tort or Otherwise) sustained or claimed by any Bidder or any other person or entity in connection with the Auction and/or the sale of any Property and/or the failure of any party to complete the sale of any Property. Without limiting the foregoing, in no event shall Luxea Global Auctions' liability to any Bidder for any act or omission occurring in connection with the Auction exceed the amount that such Bidder has actually paid to Luxea Global Auctions as a deposit or as payment for a particular Property. Offers made at the


Auction are void where prohibited by law.

  • NOT AN OFFER TO SELL; SOLICITATION ONLY. Any marketing or promotional information regarding the Properties shall not constitute an offer to sell or a solicitation of any offer to buy any of the Properties referenced herein. In addition, and without limiting the foregoing, any website, advertisement or brochure shall not constitute an offer to sell or a solicitation of any offer to buy nor shall there be any Auctions of any of the Properties in any state in which such offer, solicitation, or Auction would be unlawful. Offers made at the Auction are void where prohibited by law.
  • THIRD PARTIES. Luxea Global Auctions and/or Seller may provide and/or designate certain third parties to provide ancillary services in connection with a Property Auction. Any such designations do not constitute an endorsement by Luxea Global Auctions or Seller of such third-party service providers, or the products, or services of such third parties. These third parties operate independently of Luxea Global Auctions and Seller and have established their own terms and conditions and policies. Bidder acknowledges and agrees that Luxea Global Auctions and Seller are not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Services.
  • SEVERABILITY. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible to affect the intent of these Terms & Conditions, and the remainder of these Auction Terms & Conditions shall continue in full force and effect.
  • ENTIRE AGREEMENT. These Terms & Conditions constitute the entire agreement between Luxea Global Auctions and Bidder regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.
  • DISPUTE RESOLUTION / ARBITRATION: ANY AND ALL DISPUTES THAT MAY ARISE BETWEEN OR AMONG THE PARTIES ARISING OUT OF THE RELATIONSHIP OF THE PARTIES, INCLUDING WITHOUT LIMITATION THIS AGREEMENT, SHALL BE RESOLVED BY SUBMITTING SUCH DISPUTE TO ARBITRATION BEFORE A MUTUALLY ACCEPTABLE ARBITRATOR WHO WILL RENDER A DECISION BINDING ON THE PARTIES WHICH CAN BE ENTERED AS A JUDGMENT IN COURT PURSUANT TO NRS 38.015, ET SEQ. SUCH BINDING ARBITRATION SHALL BE THE EXCLUSIVE REMEDY FOR RESOLUTION OF ANY AND ALL DISPUTES ARISING OUT OF THE RELATIONSHIP OF THE PARTIES, INCLUDING WITHOUT LIMITATION, THIS AGREEMENT. THE EXCLUSIVE VENUE FOR SUCH ARBITRATION SHALL BE CLARK COUNTY, NEVADA. THIS AGREEMENT SHALL BE INTERPRETED AND ENFORCED ACCORDING TO THE LAWS OF THE STATE OF NEVADA. IF ANY SUCH ARBITRATION IS INITIATED, THE SUCCESSFUL OR PREVAILING PARTY SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN CONNECTION WITH THE ARBITRATION, IN ADDITION TO ANY OTHER RELIEF TO WHICH THE PARTY MAY BE ENTITLED.

INITIALS CONSENTING TO DISPUTE RESOLUTION / ARBITRATION PROVISION:

Auctioneer:                                         


Bidder:                                                 

  • FORUM SELECTION CLAUSE / CHOICE OF LAW: The parties hereby agree that all disputes arising out of or among the parties or arising out of the relationship of the parties, including without limitation, this agreement, shall be subject to the foregoing arbitration provision in paragraph 25 hereto, and that all such arbitration proceedings shall be filed and arbitrated in Clark County, Nevada. The parties agree that Clark County, Nevada, shall be the exclusive forum for resolution of any and all such disputes. In connection with the foregoing, the parties hereto irrevocably consent to the jurisdiction and venue of such court and expressly waive any claims or defenses of lack of jurisdiction of or proper venue by such court.
  • NO THIRD PARTY BENEFICIARY: This Agreement is not intended to and shall not be construed to give any third party any interest or rights, including without limitation, any third party beneficiary rights, with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
  • FORCE MAJEURE: Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which events and/or circumstances are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy; provided that the parties stipulate that Force Majeure shall not include the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this agreement. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
  • BENEFIT OF COUNSEL: The Parties warrant that they have read the entire Agreement, understand its terms, and, in addition, have received or had the opportunity to receive independent legal advice from counsel to the extent they consider it warranted as to the advisability of executing this Agreement and with respect to all matters contained herein.

THIS PROPERTY IS SUBJECT TO PRE-AUCTION OFFERS AND SALE AND/OR

DIRECT SALE PRIOR TO AUCTION – CALL


LUXEA GLOBAL AUCTIONS IS NOT ACTING IN ANY CAPACITY AS A REAL

ESTATE AGENT OR BROKER FOR ANY BIDDER, BUYER OR SELLER.

LUXEA GLOBAL AUCTIONS IS ONLY AN AUCTION MARKETING AGENT FOR THE SELLER

By signing below, I have read, understood and agree to the above Auction Terms & Conditions and understand that the Auction Terms & Conditions shall be made part of the Purchase and Sale Contract for the purchase of this Property(s). I will not claim any exceptions to the procedures outlined in this document unless made in writing & signed by Seller.

Bidder Signature                                                                                      

Print Name                                                                                              

Date