Large Home on 3 tracts totaling 1.8±acres in Decatur GA

TERMS OF SALE FOR REAL ESTATE:
Basic terms:  Property is Selling As-is, where-is, with no repairs to be done by the seller, and no contingencies-including financing and selling home. Seller will provide an insurable title.

Ganek Law will conduct the closing and will be the escrow agent. Ganek is conducting title work.

Closing: Must occur no later than 30 days following the full execution of the Purchase and Sale Agreement unless extended in writing by mutual consent of the parties. Purchaser not closing within the contractual time may forfeit their earnest money deposit. Closing Attorney & Escrow Agent: GANEK PC, 675 N Highland Avenue, NE Suite 400 Atlanta, GA. All payments (i.e. Earnest Money, Closing Funds) must be in the form of wire transfer, with wiring instructions to be provided by closing attorney.

Title & Tenants: Seller states to presently have title to said property, and at the time of the sale agrees to convey insurable title to said Property to Purchaser by Limited Warranty deed, subject only to (1) all title matters of record as of the date of closing, (2) matters affecting title that would be disclosed by an accurate survey of the property, and (3) all taxes not yet due and payable.  In the event there are leases on the property, Purchaser agrees to assume Seller's responsibility thereunder to the tenant(s) and broker(s) who negotiated such leases.   

Closing Cost & Commissions:  Purchaser shall pay prorated portion of 2023 Real Estate taxes and all other closing costs including tax stamps, transfer tax, recording fees, title search, title insurance (optional), and closing attorney fees and escrow fees charged by GANEK PC, and all of Purchaser’s attorney fees (should Purchaser choose representation). Seller shall pay Auctioneer’s commission and prorated portion of 2023 Real Estate taxes and any title corrective expenses.

Contracts: Upon conclusion of the bidding or pre-auction offer event, the Purchaser will sign a Purchase and Sale Agreement (“PSA”) GAR FORM with no changes constructed by the Auctioneer.  A sample GAR form Auction PSA packet will be available at our website and at the auction site prior to the auction for review. The Auction PSA which Purchaser must sign at the auction contains an acknowledgment that Purchaser has inspected the property prior to the auction, is relying solely on his/her inspection, and is purchasing the property As Is with all faults and without reliance on any warranty of any kind whatsoever. NO CHANGES WILL BE MADE TO SAID AUCTION PSA OR ANY EXHIBITS ATTACHED THERETO, AND PURCHASER WILL BE OBLIGATED TO EXECUTE AND DELIVER SAID AUCTION PSA ON AUCTION DAY.  Auctioneer reserves the right to modify or amend said Auction PSA, to complete blank sections, to attach appropriate exhibits, and to comply with state and local laws as may be enacted or amended from time to time.

LEAD BASED PAINT DISCLOSURE: When applicable, if a home on a property was built prior 1978. A Lead based disclosure and brochure will be provided to the Purchaser prior to bidding on the property. This property is selling on an “as-is'' basis.  Prospective bidders are permitted to conduct any risk assessments or inspections prior to bidding and/or prior to the conclusion of all bidding. All bidders prior to registration approval for the auction, will sign the Lead-based paint disclosure form waiving the opportunity to conduct any future assessments or inspection for the presence of lead-based paint.

PLATS/SKETCHES/DRAWINGS AND PHOTOS: Existing legal descriptions are not guaranteed for complete accuracy. All acreage and dimensions are approximate and could be subject to change upon an actual field survey. All stakes, signs or flags indicating boundaries or location are for general location purposes only and are not to be construed as precise property corners. Bidders may have surveys conducted prior to the auction but are purchasing the property as-is. Title will be insurable. 

KEYS: Neither Auctioneer nor Seller warrant key availability on any property. If available, keys will be provided at closing. However, Purchaser is strongly advised to re-key the property immediately after closing.  

TAX EXCHANGE: Seller and Purchaser agree that Seller may effectuate 1031 Tax Exchanges on the property sold herein. The Purchaser will agree to cooperate and execute the necessary documents to enable the Seller to consummate said transactions.   

EASEMENTS: All property sold is subject to recorded easements which include existing roads and planned roads, power line and other utility easements, ingress and egress easements, and other easements of record. 

PLEASE NOTE: Personal on-site inspection of the property is strongly recommended. Failure to inspect property prior to auction does not relieve purchasers of contractual obligations of purchase. Property sells As Is -Where Is with no warranties expressed or implied. Real property to be conveyed by a limited or special warranty deed. Only the following sale closing costs will be paid by seller: (1) Commissions or brokerage fees to Auctioneer and/or cooperating Brokers as set forth in separate agreement with Auctioneer, and as established in these Terms and Conditions; (2) reasonable title corrective expenses, in Seller’s sole determination; and (3) Prorated 2023 property taxes and previous year back taxes due, if any. All other closing costs, including but not limited to real estate taxes surveys, title examination, tax stamps, loan closing costs, and closing attorney fees are at the expense of the Purchaser. Purchaser will pay all closing fees charged by the closing attorney. Selling subject to seller confirmation.

Information was gathered from reliable sources and is believed to be correct as of the date this brochure is published; however, this information has not been independently verified by sellers or auctioneers.

BROKER PARTICIPATION INVITED: A broker commission of three percent (3 %) will be paid on real estate, unless noted otherwise in property listing or herein. A commission will be paid to the licensed broker whose prospect purchases and closes on the real estate.

FOR MORE INFORMATION contact: Amy Martin, 404-734-3606, amymartin.auction@BHHSgeorgia.com

Closing within 30-days of contract signing.