TERMS AND CONDITIONS
PROCEDURE: The property will be offered in 5 individual tracts, any combination of tracts, or as a whole property. The property will be sold in the manner resulting in the highest total sale price.
BUYERS PREMIUM: A 10% Buyer’s Premium will be added to the final bid and included in the deed transaction sale price.
DOWN PAYMENT: 15% as down payment on the day of the auction with balance in cash at closing on or before 30 days. The down payment may be in the form of cashier’s check, personal check, or corporate check. YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING, SO BE SURE YOU HAVE ARRANGED FINANCING, IF NEEDED, AND ARE CAPABLE OF PAYING CASH AT CLOSING.
CLOSING: Closing shall take place on or before 30 days from auction date.
REAL ESTATE TAXES: All 2023 ad valorem taxes will be prorated at closing
SURVEY: 1 Charleston Plaza (Country Mart): selling by current deed.
9 Charleston Plaza: A new survey has been conducted. Buyer is responsible for 50% of the cost of the new survey.
DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in this brochure and all related materials is subject to the Terms and Conditions outlined in the Purchase Agreement. ANNOUNCEMENTS MADE BY THE AUCTION COMPANY AT THE AUCTION PODIUM DURING THE TIME OF THE SALE WILL TAKE PRECEDENCE OVER ANY PREVIOUSLY PRINTED MATERIAL, OR ANY OTHER ORAL STATEMENTS MADE. The property is being sold on an “AS IS, WHERE IS” basis, and no warranty or representation, either express or implied, concerning the property is made by the Seller or Auction Company. Each potential bidder is responsible for conducting his or her own independent inspections investigations, inquires, and due diligence concerning the property. The information contained in this brochure is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller or the Auction Company. All sketches and dimensions in this brochure are approximate. Except for any express warranties set forth in the sale documents, purchaser(s) assumes all risks thereof and acknowledges that in consideration of the other provisions contained in the sale documents, Seller and the Auction Company make no warranty or representation, express or implied or arising by operation of law, including an warranty of merchantability or fitness for a particular purpose of the property, or any part thereof, and in no event shall Seller or the Auction Company be liable for any consequential damages. Conduct of the auction and increments of bidding are at the direction and discretion of the auctioneer. The Seller and Auction Company reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. All decisions of the auctioneer are final.
NEW DATA, CORRECTIONS, AND CHANGES: Please arrive prior to scheduled auction time to inspect any changes, corrections, or additions to the property information.
Bidding Increments: Each auction may have different bidding increments. The software will calculate the next bid amount before submitting the bid.2. Auction Ending: Harris Real Estate & Auction Online Auctions have an auto-extend feature. Any bid placed in the final two (2) minutes of an auction; the auction ending will be automatically extended two (2) minutes from the time the bid was placed. Example: If an auction scheduled to close at 8:00 receives a bid at 7:59, the close time will automatically extend 8:02. The auto extend feature remains active until no further bids are received within a two (2) minute time frame. The extension time will apply to individual lots only.3. Outbid Notification: Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications can be delayed.4. Property Information and Inspection: Harris Real Estate & Auction is not responsible for any missing or incorrect listing information. Harris Real Estate & Auction has attempted to provide accurate descriptions of all items in the auction. However, it is the bidder’s responsibility to inspect the item and determine the condition of each lot. Descriptions that are provided by Harris Real Estate & Auction are provided in good faith and are matters of opinion. The only recourse for the buyer of an item or items that are missing or damaged prior to pick up is not paying for the item. If the pictures displayed with descriptions do not appear to match, contact firstname.lastname@example.org or call 270.247.3253 to report the auction date and item number.5. Sold “As Is Where Is”: Harris Real Estate & Auction and the seller furnish all auction items to buyers “As Is”, unsupported, without warranty of any kind. Harris Real Estate & Auction. and the seller disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. Items are sold in their actual current condition, with all faults and defects, and with all errors of description. Bidders accept all auction items “with all faults”, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction items.6. Auctioneer’s Discretion: Harris Real Estate & Auction has full discretion to modify the date and time, order, and details of the sale of any item or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Harris Real Estate & Auction or the seller. Harris Real Estate & Auction reserves the right to modify, change, or remove usernames at any time.7. Server and Software Technical Issues: In the event that there are technical difficulties related to the server, software or any other online auction-related technologies, Harris Real Estate & Auction reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Harris Real Estate & Auction shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary by Harris Real Estate & Auction8. Terms: Harris Real Estate & Auction reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Items become the full responsibility of the bidder at the time that payment is received. The bidder assumes all risk of loss or damage to the item at that time. Harris Real Estate & Auction reserves the right to resell any personal property that is not paid for in full by the conclusion of the state pickup date. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting for the resale of the property. Buyer and or Bidder agrees to hold harmless and indemnify Harris Real Estate & Auction and its Agents, Owners, Directors, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.9. Buyer’s Premium: There will be a fifteen percent (15%) Buyer’s Premium added to final bid price to determine the final selling price of the auction lot.10. Payment: Payment must be made before item(s) are removed by the specified date on the auction advertisement. All sales are final. There are no returns, refunds, or adjustments. Harris Real Estate & Auction. accepts the following forms of payment: Cash, Wire Transfer, Cashier’s Check, Money Orders and Credit Cards.10A. Credit Card Policy: Harris Real Estate & Auction requires that you use a valid credit card in order to set up a bidding account. By registering with your credit card, you, the purchaser agrees to the following credit card terms:
I, the buyer hereby authorizes Harris Real Estate & Auction to charge my credit card that I have set up my bidder account with, for the full amount of my bill, plus a $25 “No-Show fee” if I do not settle my unpaid account by the end of the allotted pick-up time and have not made other arrangements with Harris Real Estate & Auction for payment. I understand that if I have not contacted Harris Real Estate & Auction or made arrangements to pick-up my items after 3 business days following the allotted pick-up time, I forfeit my items to Harris Real Estate & Auction
I, the buyer, understand the terms of the auction including pickup and payment dates and timelines, and agree that I have placed bids with the intent of abiding by the auctions set terms and conditions.
I, the buyer, have been given the opportunity to inspect the items in person and understand Harris Real Estate & Auction is selling the items in AS IS, WHERE IS, condition.
I, the buyer, hereby agree to authorize Harris Real Estate & Auction to charge my credit card for my purchases unless other payment arrangements have been made. A 3% surcharge will be added to the invoice total. I agree that Harris Real Estate & Auction is not responsible for handling, moving or storing the items I have purchased and that I risk the chance of those items being stolen or damaged.
I, the buyer, hereby agree to not challenge or deny payment to Harris Real Estate & Auction for purchases made with the credit card that I have placed on file with Harris Real Estate & Auction. I fully understand the terms and conditions of the auction and hereby agree to this Credit Card Policy or I will not place bids with this auction website.
1. Auction Cancellation: Harris Real Estate & Auction reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding.12. Bidder Verification: The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Harris Real Estate & Auction, Inc. will reject the registration, and bidding activity will be terminated. The Seller and Harris Real Estate & Auction reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, mental fitness, etc.13. Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. If the registered bidder’s user name is offensive to Harris Real Estate & Auction, or in their sole opinion detrimental to Bidding Activity, then Harris Real Estate & Auction reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or auction company may bid on auction. We gather aggregate information from the web site which may include but is not limited to: number of page visitors, most visited pages, and any and all correspondence.14. Personal Property Pickup: All items, must be picked up from the address listed on the auction, as well as the date listed, once Harris Real Estate & Auction has received and acknowledged payment in full. Items will not be released to buyers until payment is made in full to Harris Real Estate & Auction Bidders are responsible for rigging, loading, and moving all items purchased without assistance from Harris Real Estate & Auction. If you are the winning bidder on large items, please bring help and equipment to load the item.15. Security: Surveillance and security are on site; please do not enter the property except at the specified preview date and time or by appointment.16. Default: If purchases are not settled by the specified pick up day, it will be considered in default. Upon default the bidder will be black listed / blocked from bidding on Harris Real Estate & Auction auctions. All defaulted items may be offered to the next highest qualified bidder at the discretion of Harris Real Estate & Auction.
The bidder agrees to pay all reasonable attorney fees and other costs incurred by Harris Real Estate & Auction in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of two percent (2%) of the outstanding balance per month be added to any unpaid balance due Harris Real Estate & Auction Any dispute will be tried in a court of jurisdiction in Marshall County, Kentucky.
EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
Guaranty Agreement: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Harris Real Estate & Auction of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney’s fee.
Limitation of Liability: If, for any reason, Harris Real Estate & Auction is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase at time of pickup, the sole liability of Harris Real Estate & Auction if any, shall be the return of any paid monies in respect of such Purchase upon its return by Purchaser.
Disputes: Any dispute between Harris Real Estate & Auction and its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Marshall County, Kentucky. By bidding on any item, buyer agrees to all terms and conditions set forth.
Age Requirement: All bidders must be eighteen (18) years of age or older.
Purchased Items: All buyers are responsible for making sure that all items purchased are accounted for before leaving the designated pick-up location after the auction has closed.
Acceptance of Bid Prices: All bids are subject to seller confirmation unless noted as ABSOLUTE.
By registering for this auction, you understand and expressly acknowledge that an inherent risk of exposure to COVID-19 exists in any public place where people are present. In attending the auction or preview, you and any guests voluntarily assume all risks related to exposure to COVID-19, and waive, release, and discharge Harris Real Estate & Auction or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers from any and all liability under any theory, whether in negligence or otherwise, for any illness or injury.
Section IV: Additional Terms & Conditions
All property is sold ‘As Is, Where Is’. Statements, conditions, descriptions, weights, and measures on or about items are provided in good faith and only matters of opinion. Neither Harris Real Estate & Auction nor the Seller make guarantees and/or warrantees, expressed or implied about the merchantability of items and/or fitness for a particular purpose.
Bidder acknowledges having inspected the property, whether in person or online, and to be satisfied with the same prior to bidding. Bidder is solely relying upon their own expertise when choosing to make a purchase. Harris Real Estate & Auction has attempted to provide the correct item description and/or pictures, however any errors or omissions in any provided format, description, or picture does not affect/void the sale in any way.
All announcements made by Auctioneer at/during the auction will take precedence over previous printed materials, website, or other statements and/or descriptions made.
Harris Real Estate & Auction reserves the right to withdraw or re-catalog items in the auction.
Buyer agrees that under no circumstances whatsoever will Harris Real Estate & Auction or Seller ever be liable to any Buyer for an amount greater than the purchase price of the item purchased and only when in agreement that statement materially was intentionally incorrect.
Under no circumstances shall the Bidder have any claim against Harris Real Estate & Auction in the event of any technical issues.
Harris Real Estate & Auction may reject or cancel a bid for any reason. The record of the auction made by Harris Real Estate & Auction shall be conclusive. This is a Public Auction and as such, all qualified Bidders may bid including Harris Real Estate & Auction owners, family members, employees, and any company, group members, or employees. Harris Real Estate & Auction reserves the right to refuse service at its discretion.
Harris Real Estate & Auction reserves the right to update Terms & Conditions at any time without notice.
Agents Only: The Auctioneers at Harris Real Estate & Auction are acting as the Sellers’ agents.
Disputes: Auctioneer shall designate the winning Bidder after each item is auctioned. If a dispute arises between two or more Bidders, Harris Real Estate & Auction reserves the right to reopen bidding. The Auctioneer’s designation of a Buyer shall be final. Any disputes that require litigation shall be administered and shall be enforced and brought in The State of Tennessee in Davidson County and governed by the laws of the State of Tennessee. Harris Real Estate & Auction shall select the venue for the litigation proceedings whether by arbitration or litigation. Harris Auctions shall receive compensation of all legal fees, collection fees, and any other charges incurred by Harris Real Estate & Auction as a result of any legal action, regardless of the outcome.
Iran Divestment Act: Buyer certifies that, to the best of his/her knowledge and belief, that his/her organization is not on the list created pursuant to TCA 12-12-106 regarding engaging in investment activities in Iran as described in TCA 12-12-105.
By registering, bidding, and/or attending this auction, you agree to all Terms & Conditions listed as acknowledged and set forth by Harris Real Estate & Auction.
Charleston, Missouri 63834
INSPECTION DATES: Wednesday, April 12th 10AM CST – 12PM CST & Tuesday, April 18th 10AM CST – 12PM CST
13.33 ACRES IN 5 TRACTS & COMBINATIONS!
Tract 1:Former Walmart Large Box Retailer: This property would be a great investment opportunity with unlimited possibilities, for retail or a supermarket. This building was built in 1979 and has 72 parking spaces.
Tract 5: This 2.3+/- acres is located in Charleston, MO approximately 28 miles south of Cape Girardeau and 14 miles east of Sikeston with I-57 visibility just off the I-57 ramp. Surrounding retailers include McDonalds, Pizza Hut and Plaza Tire. There is also an out lot available on this property. This property would be a great investment opportunity and has unlimited possibilities.
REAL ESTATE TRACTS:
Tract 1: 5.375 Acres (Formerly Walmart) 51,320 SF of Retail Space
Tract 2: 0.907 Acres
Tract 3: 4.452 Acres
Trac 4: 0.299 Acres
Tract 5: 2.30 Acres (Formerly Country Mart) 32,371 SF of Retail Space