NOTICE OF PUBLIC AUCTION
SPECIAL COMMISSIONER’S SALE OF REAL ESTATE
CITY OF HAMPTON, VIRGINIA
Pursuant to the terms of those certain Decrees entered in the Circuit Court of City of Hampton, the undersigned Special Commissioner will offer for sale at a simulcast (with online and in person bidding) public auction the following described real estate at the Ruppert Sargent Building, 1 Franklin Street, Hampton, Virginia 23669, on November 30, 2022, at 11:00 AM in the Veterans Conference Room.
The sale of such property is subject to the terms and conditions below, and any term or conditions which may be subsequently posted or announced by For Sale at Auction (“Auctioneer”) and the Hampton City Attorney’s Office. Subsequent announcements made on the day of the auction take precedence over any prior written or verbal terms of sale.
GENERAL TERMS OF SALE: All sales are subject to confirmation by the Circuit Court. The Special Commissioner has the right to reject any bids determined to be unreasonable in relation to the estimated value of the Property. Any unsold property will be offered for sale again at the next auction, whenever that may be, or at such time as the Court may direct.
Properties are conveyed by Special Warranty Deed, subject to any easements, covenants, agreements, restrictions, reservations, and any and all rights of record which may affect the property. Properties are offered for sale “as-is,” “where-is,” and “if-is,” with all faults and without any warranty, either expressed or implied. Persons are encouraged to make a visual inspection of the property within the limits of the law and to obtain an independent title search, at their own expense, prior to bidding on any of the properties to determine the suitableness of the property for their purposes. It is not guaranteed that the property has a right-of-way or that it is not landlocked. Property is sold in gross and not by the acre. There is no warranty as to the accuracy of the GIS system, nor is the information contained therein a legal representation of any of the features of the property which it depicts.
The sale of property to the highest bidder is not contingent upon obtaining financing. Financing, if needed, is the sole responsibility of the high bidder. By bidding, parties are entering into a legally binding contract, waive all rescission rights, and understand that their bid is immediately binding, irrevocable, and enforceable. Additionally, by bidding, parties are representing that they have read, and agree to be bound by, all terms and conditions for this sale. Failure to complete the property purchase will result in forfeiture of any funds paid and may subject the highest bidder to additional damages, which may include expenses and any deficit upon resale.
PAYMENT TERMS: On the day of the auction, the highest bidder shall make a deposit in the amount of twenty percent (20%) or One Thousand Dollars ($1,000.00), whichever is higher, along with a 10% buyer’s premium, subject to a minimum of $100.00; added to the final bid. Bids which are less than One Thousand Dollars ($1,000.00) shall be paid in full at the time of the auction. Such sum shall be held by the Special Commissioner and credited towards the purchase price following confirmation of the sale. Subsequent taxes will be prorated from the auction date, and the highest bidder will be responsible for taxes from that date forward.
The balance of the purchase price and recording costs for deed recordation shall be deposited by the highest bidder with the Special Commissioner within fourteen (14) days.
Terms applicable to In-Person Bidders ONLY: The deposit and buyer’s premium are due on the day of the auction. All payments must be made in the form of certified funds, cashier’s check, or money order. Cash and personal checks will not be accepted. Certified checks and money orders shall be made payable to City of Hampton and forwarded to the Hampton City Attorney’s Office, at the address shown below. Wire transfers may be allowed upon approval from the Special Commissioner. All wire transfer fees to be paid by the highest bidder. If approved, wire transfer instructions will be provided to the highest bidder.
Terms applicable to Online Bidders ONLY: All interested parties must register and be approved by the Auctioneer. Registration and bidding are free of charge and are done through the Auctioneer’s website https://www.forsaleatauction.biz/. If any interested bidders are unable to attend for in-person bidding and wish to bid on property, but do not have access to the internet, please contact For Sale at Auction, at 540-899-1776 for assistance. The highest bidder will receive their purchase contract and balance due via email following the close of the auction. The contract shall immediately be executed and returned to the Hampton City Attorney’s Office. The deposit and buyer’s premium must be received in full within seven (7) days following the auction closing (no later than December 7, 2022). All payments must be made in the form of certified funds, cashier’s check, or money order. Cash and personal checks will not be accepted. Certified checks and money orders shall be made payable to City of Hampton and forwarded to the Hampton City Attorney’s Office, at the address shown below. Wire transfers may be allowed upon approval from the Special Commissioner. All wire transfer fees to be paid by the highest bidder. If approved, wire transfer instructions will be provided to the highest bidder.
To qualify as a purchaser at this auction, you may not owe delinquent taxes to City of Hampton and you may not be a Defendant in any pending delinquent tax matter. Questions concerning the registration and bidding process should be directed to the Auctioneer online at https://www.forsaleatauction.biz/, by email to www.forsaleatauction.biz or by phone, at 540-899-1776. Questions concerning the property subject to sale should be directed to the Hampton City Attorney’s Office by phone to 757-727-6127, or by writing to the address below.
Re: City of Hampton Judicial Sale Auction
Hampton City Attorney’s Office
22 Lincoln Street
Hampton, Virginia 23669
*Online Bidding Information, Further Terms, and Explanations*
Thank you for your interest in this Simulcast Auction of tax delinquent real estate, being conducted by For Sale At Auction, at the request of the Special Commissioner appointed by the City of Hampton. This auction and conveyance of these properties shall be governed by, and your online registration indicates each bidder’s agreement with: the “NOTICE OF SALE OF REAL PROPERTY”; Purchaser's Acknowledgment and Contract of Sale; and the non-negotiable Terms of Sale stated herein.
In order to bid online for this auction, all bidders must be registered with For Sale At Auction through our Bidding Application (available at the Apple App Store and Google Play - just search “For Sale At Auction”), or through our website at bid.forsaleatauction.biz. There is no fee to create your account. Registration requires a two-step process that: 1. Creates your account with username and password and: 2. Requires a registration form specifically for this auction which requires including a copy of a government issued I.D (Driver’s License, Military I.D., etc.). Once both registration steps are complete, the Auction Firm will manually approve your bidder status and you’ll be ready to place your bids. By bidding, you are representing to the Special Commissioner and Auction Firm that you have read, and agree to be bound by, all Terms and Conditions for this sale as stated herein. DO NOT BID unless you have read, and agree to be bound by, ALL of these non-negotiable Terms of Sale. Registration requests sent past 10 a.m. the day of the auction close may not be accepted. PLEASE REGISTER EARLY!
FUNCTIONALITY OF THE AUCTION BIDDING APP: This online-only auction is controlled by our auction app software. The Auction Firm is not responsible for software functionality or lack thereof, internet malfunctions or connectivity issues, and/or bidding application or systems errors which could cause a bid to fail to be recognized, fail to successfully register an interested bidder, or recognize their bid. In the event of any bidding platform errors and/or related issues, the property could sell to the previous high bidder of record. There is no recourse, or remedy, implied or offered, to any online Bidders in the event of any aforementioned “errors” &/or “issues”.
THE AUCTION: Bidding is open to the general public (any who are registered and approved by the Auction Firm). The Auction Firm shall control the bidding increments and retains the right to modify them at any time during the auction. Bidding will begin closing on Monday, November 30, 2022, at 11:00 a.m. EST. The Special Commissioner retains the right to remove any property from the auction process at any time. Any and all decisions made by the Special Commissioner shall be final and absolute, without further liability to any party. If any potential bidders have interest in bidding on a property, but do not have internet computer, smart phone, and/or internet access; please contact the Auction Firm who will assist with creating your account and placement of your bids.*
*A Brief Explanation of the Bidding Process* Interested Bidders can bid online any time during the timed auction bidding period. This “Timed” method is similar to how eBay operates… where Bidders can enter their maximum bid amounts and walk away (with the software handling your bid increases automatically thereafter), or you can proactively enter each bid individually... as you desire. You will receive “Push Notifications” whenever you are outbid by another Bidder. Please contact the Auction Firm if you have any questions or require assistance with bidding or functionality of the app.
BUYER’S PREMIUM, DOWN PAYMENT & CLOSING: A Buyer’s Premium of 10% of the high bid amount will be added to the final bid to determine the total purchase price (for example: a high bid in the amount of $10,000.00 will have a 10% Buyer’s Premium ($1,000.00) added to the high bid for a total purchase price of $11,000.00). Please consider the Buyer's Premium when placing all bids. The Buyer’s Premium is firm and is non-negotiable.
CONTRACTUAL DEFAULT/NON-PERFORMANCE: If the Buyer fails to complete the transaction for ANY reason, their deposit will be forfeited and they may be held responsible for any deficiency in price upon resale, and the costs of resale, among any other remedies allowed by law. In addition, any high bidder who fails to fulfill their contractual obligations will be banned from bidding at ALL future auctions conducted by this Auction Firm.
AS IS - WHERE IS – IF IS SALE: The properties are being sold strictly "AS IS, WHERE IS, IF IS” with no financing, inspections, or other contingencies of sale. The sale is immediately binding and irrevocable. Bidders must conduct their own due diligence and investigation of the property to determine suitability prior to placing any bids. Bidders must rely solely upon their own investigation and not on information provided by the Special Commissioner, the County, the Auction Firm, or any of their employees or representatives. Failure of a bidder to be fully informed on a property will not constitute grounds for claims or to cancel the sale. All information provided regarding the properties was obtained from official public records and/or other sources deemed reliable and believed correct, it is not warranted or guaranteed whatsoever. Please, DO NOT BID if you have not completed your Due Diligence.
*NOTICE* By Bidding, you are entering into a legally binding contract. An online, public auction bid, is legal and binding. There will be no refunds or bid cancellations. The registered bidder is personally, financially, and legally responsible for their bids and actions, whether representing themselves, or acting as an Agent for another.