Conditions of Sale
REAL ESTATE ABSOLUTE AUCTION - TERMS & CONDITIONS
1. BIDDER AGREEMENT AND ACCEPTANCE OF TERMS:
By registering to bid, each bidder acknowledges that they have read, understand, and agree to be legally bound by all Terms and Conditions contained herein. Registration and participation in the auction constitute a binding agreement between the bidder, the Seller, and Swisher Bros. Auction, LLC.
All sales are final and irrevocable. The terms of sale are non-negotiable. Bidders are strongly advised to review all Terms and Conditions thoroughly prior to placing any bid. By bidding, the bidder affirms acceptance of all disclosures, conditions, and requirements of this sale.
2. BIDDER REGISTRATION REQUIREMENTS:
All online bidders for this property must call 502-633-6555 for approval after completing online registration and provide a letter of credit to [email protected].
Registration is free; however, a valid credit card is required for identity and fund verification purposes only.
By placing a bid, the bidder represents to Swisher Bros. Auction, LLC ("Auctioneer" or "Agent"), Todd & Sons Real Estate and the Seller that they have reviewed and accepted these Terms and Conditions in full. Any person who does not agree with these terms must not bid, as bidding creates a legally binding obligation.
3. PROPERTY DESCRIPTION:
This property offers a blend of privacy, acreage, and convenience with a three-bedroom, two full bath home situated on just under ten acres. The property is located approximately six miles from Highway 127, allowing convenient access to surrounding communities while maintaining a private rural setting.
Interior features include a primary living room, an additional family room with dedicated office space, and an open-concept kitchen and dining area designed for functional everyday living. The kitchen includes a hookup for a wood-burning stove that has never been used. Improvements include a 30-foot by 40-foot detached building with electric and water available at the site, suitable for workshop, storage, or hobby use.
The real estate sells ABSOLUTE to the highest bidder, AS-IS and WHERE-IS, with no reserve. Buyers are responsible for independently verifying all aspects of the property to their satisfaction prior to bidding.
4. GENERAL TERMS OF REAL ESTATE SALE:
The property is sold AS-IS and WHERE-IS with no warranties or guarantees expressed or implied by the Seller, Swisher Bros. Auction, LLC or Todd & Sons Real Estate. The sale requires hard money or cash only and is not subject to financing, inspection, appraisal, or any other contingency. All due diligence is the sole responsibility of the bidder prior to auction participation.
5. ANNOUNCEMENTS AND MODIFICATION OF TERMS
Announcements made by the Auctioneer on the day of the auction shall take precedence over all prior written or verbal statements, advertisements, or published materials. The Seller reserves the right to withdraw the property from the auction at any time prior to acceptance of the final bid.
6. EARNEST MONEY REQUIREMENT
Immediately upon conclusion of the auction, the winning bidder shall deliver a non-refundable earnest money deposit equal to ten percent (10%) of the purchase price. The deposit may be paid by a personal check that is accompanied by letter of credit from issuing bank or cashier's check made payable to the designated Title Company. The remaining balance of the purchase price shall be due at closing. Bidding is not contingent upon financing approval.
7. BIDDING PROCEDURES:
All bids placed constitute irrevocable offers to purchase. No bid may be withdrawn once acknowledged by the Auctioneer. Bids remain binding until the Auctioneer declares the property sold and the auction concludes. The Auctioneer reserves sole authority over bidding increments, bidder recognition, and conduct of the auction. Bidder numbers are non-transferable. The Seller reserves the right to accept or reject any bid.
8. ACCEPTANCE OF FINAL BID:
The Seller retains the right to accept, reject, or counter any bid. The high bidder remains legally obligated under their bid until acceptance or rejection is communicated by the Seller in writing. The Auction Company will make reasonable efforts to secure acceptance immediately following the auction.
9. POSSESSION OF PROPERTY:
Possession of the property shall transfer to the Buyer only upon successful closing and full funding. Early possession shall not be permitted.
10. PROPERTY CLASSIFICATION:
The property is classified as a family dwelling with agricultural use.
11. BUYER DEFAULT OR FAILURE TO CLOSE:
Failure of the Buyer to comply with these Terms and Conditions or to complete closing shall constitute default. In the event of default, the ten percent (10%) earnest money/non refundable deposit shall be forfeited as liquidated damages. Such forfeiture shall not limit the Seller or Swisher Bros. Auction, LLC from pursuing additional legal or equitable remedies, including enforcement of the purchase agreement and recovery of damages.
12. ENVIRONMENTAL DISCLAIMER:
The Seller, Swisher Bros. Auction, LLC, Todd & Sons Real Estate, and all affiliated parties make no representations or warranties regarding environmental conditions, including but not limited to pollutants, contaminants, mold, or hazardous substances. Buyers shall rely solely upon their own inspections and evaluations.
13. DISCLAIMER AND BUYER'S DUE DILIGENCE:
All information contained in the Property Information Package and marketing materials is provided for convenience only and is believed reliable but not guaranteed. The property is offered without warranty of any kind, expressed or implied. Prospective buyers are encouraged to conduct independent inspections, investigations, and due diligence at their own expense.
The Buyer accepts the property subject to existing zoning regulations, easements, rights-of-way, and all current conditions. Measurements are approximate. The Seller, Auctioneer, Broker, affiliates, contractors, employees, and representatives assume no liability for errors, omissions, or inaccuracies.
The Auctioneer reserves the right to refuse bidding privileges to any individual not in good standing and to resolve disputed or tie bids by reopening bidding at the Auctioneer's sole discretion. All decisions of the Auctioneer and Broker are final.
14. ACKNOWLEDGMENT OF BINDING AGREEMENT:
Registration to bid and participation in this auction constitute acknowledgment that the bidder has read, understands, and agrees to all Terms and Conditions stated herein and agrees to be legally bound by them.
1A. PERSONAL PROPERTY TERMS AND CONDITIONS:
*No Letter of Credit Required for Personal Property* Manual approval will still apply as it is applied to this entire auction.
In addition to the Real Estate Terms and Conditions stated above, the following terms apply to all personal property offered in this auction, including but not limited to vehicles, equipment, tools, firearms, furnishings, household contents, and all other estate items.
All personal property is sold AS-IS, WHERE-IS, AND IN CURRENT CONDITION with no warranties or guarantees expressed or implied as to condition, authenticity, operability, merchantability, fitness for a particular purpose, or completeness. All sales are final. No refunds, exchanges, chargebacks, or returns shall be permitted for any reason. Bidders are encouraged to inspect items prior to bidding and rely solely upon their own judgment when placing bids and are HIGHLY encouraged to take advantage of the preview dates. Placing bids without taking advantage of the preview dates does not allow a bidder to back out of their purchase.
By placing a bid, the bidder acknowledges they have examined the items to their satisfaction or have voluntarily waived the opportunity to do so. Descriptions, photographs, and statements provided by Swisher Bros. Auction are believed to be accurate but are provided for convenience only and shall not be considered warranties or representations.
All bids placed constitute a legally binding offer to purchase. If a bidder is declared the winning bidder, that bidder is legally obligated to complete the purchase. Failure to complete payment shall constitute default and may result in cancellation of bidding privileges, resale of items, and the buyer being held responsible for any resulting damages, losses, or fees incurred by the Auction Company or Seller.
Payment in full is required according to the payment instructions provided by Swisher Bros. Auction. No property shall be released until payment has been received and verified.
All purchased items must be removed during the scheduled pickup dates of Monday, May 11, 2026, and Tuesday, May 12, 2026, during the designated pickup hours. Buyers are solely responsible for removal, loading, transportation, labor, equipment, and securing of purchased items. Auction staff may assist at their discretion, but all removal is performed at the buyer's risk.
Any items not removed within the scheduled pickup period shall be considered abandoned unless prior written arrangements have been approved by the Auction Company. Abandoned items may be resold, disposed of, or subject to storage and handling fees at the Auction Company's discretion, with no refund issued to the buyer.
Swisher Bros. Auction, LLC reserves the right to refuse service, revoke bidding privileges, or deny participation to any bidder not in good standing. All decisions made by the Auctioneer regarding payment, removal, disputes, or enforcement of these terms shall be final.
By registering and bidding in this auction, bidders acknowledge that they have read, understand, and agree to be legally bound by these Personal Property Auction Terms and Conditions.
Shipping Terms
THERE IS ABSOLUTELY NO SHIPPING FOR ANY ITEMS IN THIS AUCTION.
