Ono Island Homesites, Orange Beach, Alabama

Details

Target Auction Company specializes in Luxury Home Sales offering you the ability to get your high-worth property sold in 60 days. Please view our Sellers' tab for more details or call 800-476-3939.

Bidding Terms

REAL ESTATE ONLINE BIDDING TERMS

To bid, you must be of legal age to enter into a contract to purchase real estate (18 in most states, 21 in others). If you are in doubt about the legal age to enter a contract in your state, please consult with competent legal counsel before bidding. All bids are placed in U.S. DOLLARS.

PLEASE READ THESE REAL ESTATE ONLINE BIDDING TERMS BELOW AND THE CONTRACT FOR SALE AND PURCHASE THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY. THE PROPERTY-SPECIFIC CONTRACT FOR SALE AND PURCHASE IS LOCATED ON THE DOCUMENTS TAB OF THE PROPERTY’S AUCTION PAGE. IF YOU HAVE NOT READ AND REVIEWED ALL OF THIS INFORMATION, DO NOT BID.      

BIDDER ACKNOWLEDGEMENT

1. All bids shall be deemed pending unless and until duly accepted by the auctioneer.
2. If there is more than one high bid at the same level (a tie bid), the bid first submitted will be honored.
3. All bids are accepted at the sole discretion of the auctioneer. The winning bidder will be notified by the auctioneer.
4. All decisions of the auctioneer are final as to the methods of bidding, disputes among bidders, increments of bidding, and any other matters that may arise before, during, or after the auction.  Auctioneer reserves the right to deny any person to participate in the auction. The auctioneer reserves the right to sell the property in any manner so desired. Individual purchases are to be considered singular and are not contingent upon the sale of any other properties.
5. All announcements made prior to the conclusion of the auction supersede any prior oral or written statements. On behalf of the seller, the auction company may, at its discretion, change or modify any part of the Contract for Sale and Purchase at any time prior to the conclusion of the auction without further notice to any bidder/purchaser.
6. The auctioneer has the sole and absolute discretion to advance the bidding on behalf of the seller, including the discretion to reject any bid that the auctioneer believes, does not advance the auction and/or is injurious to the auction. Bids that may be rejected include without limitation bids that appear to the auctioneer to be nominal, suspicious and/or suspect.
7. The seller reserves the right to add, delete or sell all or a portion of the property prior to auction. This auction listing may be modified, withdrawn, or postponed at the seller’s discretion, for any reason, without notice to any bidder/purchaser at any time prior to or during the sale.
8. Neither the company providing the software, nor the auction company or seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason, including but not limited to any internet connection failures.
9. All registration information the bidder provides shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidder accounts/number and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify auction company if they believe that their bidder account/number and password have been compromised.
10. All properties will be offered subject to seller approval unless otherwise stated.
11. By using the “App” or registering to bid, you agree to all the terms and conditions and expressly acknowledge and affirm that you have read and are familiar with these Online Bidding Terms and the Contract for Sale and Purchase including all disclaimers, conditions and other related documents outlined herein regarding the auction, property, and method of bidding.
12. By placing a bid, you acknowledge that your bid is a legally binding offer to purchase the property being auctioned.  
13. The MaxBid function on the online bidding platform is private; however, it can be seen by the auctioneer.
14. All documents will be in English. If an interpreter or translator is deemed necessary to translate any documents or information, it is the purchaser’s sole responsibility.
15. All transactions and currency will be in U.S. dollars.

BUYER’S PREMIUM 

A buyer’s premium will be added to the high bid price to determine the total contract price.

TERMS OF SALE 

1. A contingency-free contract must be executed by the purchaser immediately following the auction ending.
2. A 10% deposit is due in the form of a cashier's check or wire transfer with the remaining balance due at closing within 30 days as disclosed on the property's auction page and defined in the Contract for Sale and Purchase.
3. Contract packages will be sent by email to the purchaser at the conclusion of the auction. The purchaser must execute by (1) electronic signature, (2) email, or (3) hand-deliver the package to the auction company on auction day.

ONLINE AUCTION REGISTRATION 

1. Bidders are required to register to place bids by submitting a valid credit card. There is no charge to your credit card to register to bid. Real estate cannot be purchased using a credit card.
2. Should the auction company require a registration amount to place bids on a property, this information (including the required amount and specific directions) will be disclosed on the specific property's auction page and defined in the Contract for Sale and Purchase. Should you not be the purchaser, your registration amount (minus any wire transfer fee) will be promptly returned. The registration amount, if required, will be applied toward the deposit.
3. To place a bid(s), a bidder must be approved by the auction company.

WIRE TRANSFERS

A service fee will apply to all payments made via wire transfer. For wire transfer instructions, please email auctioninfo@targetauction.com.

DEFAULT 

1. It is agreed by the seller and purchaser that in the event the purchaser fails to close and pay the balance when due, seller and Auction Company reserve all rights allowed by law and the Contract for Purchase and Sale, including a suit for damages, specific performance, or cancellation of the transaction, with the seller to retain the deposit. In the event of any breach of the terms of this agreement by the purchaser, the seller will declare the purchaser in default and the purchaser agrees that the closing/escrow agent is expressly authorized and instructed to disburse the deposit without the requirement of any further approval or agreement from the seller or purchaser. Any action taken after the purchaser’s default shall be solely at the seller’s option with all costs incurred by seller being paid by the purchaser. If any legal action is required to enforce this agreement, or to collect any fees or costs earned or advanced pursuant thereto, the seller or Auction Company shall be entitled to recover any and all costs of such action, including, but not limited to, the expenses and court costs of the action and a reasonable attorney fee.
2. Closing/escrow agent shall disburse the purchaser’s deposit to the seller after the receipt of seller’s written certification that the purchaser’s Contract for Purchase and Sale has been terminated by reason of said purchaser’s failure to cure a default in performance of purchaser’s obligations herein. Closing/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 in such writing or instrument and may assume that any person purporting to give any writing, notice, advice or instruction in connection with the provisions hereof has been duly authorized to do so. Closing/escrow agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any written instructions delivered to it, nor as to the identity, authority, or rights of any person executing the same. The duties of closing/escrow agent shall be limited to the safekeeping of the deposit and the disbursement of same in accordance with the written instructions described above. Closing/escrow agent undertakes to perform only such duties as are expressly set forth hereto, and no implied duties or obligations shall be read into this agreement against closing/escrow agent.

EQUAL OPPORTUNITY CLAUSE 

The Property is available to the Purchaser(s) without regard to race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability, or any other factor protected by federal, state, or local law.

BIDDER VERIFICATION 

The identity of all bidders will be verified, and bidding privileges are provisional. If complete verification is not possible, the auction company reserves the right to reject the registration, and bidding activity is subject to termination.

POWER OF ATTORNEY

Any person bidding on behalf of another person or entity must have a valid, legally enforceable, unexpired, Power of Attorney approved by auctioneer before the being approved to place bids.

AUCTION END TIMES 

1. All online auctions are subject to extended bidding due to bidding activity.  Auction company reserves the right to adjust the auto extension time period or end the auction at any time.
2. If you are outbid, you will receive an email or push notification (unless you chose to have these disabled during registration).
3. As the auction nears the ending time it will auto-extend until bidding is silent for a minimum of 2 minutes.
4. The winning bidder will be notified via email after the auction ends.

TIME SHALL BE OF THE ESSENCE.

PROPERTY INFORMATION, INSPECTION and DISCLAIMER 

1. The property is selling “AS IS, WHERE IS WITH ALL FAULTS” subject to, and any CONTRACT IS NOT CONTINGENT upon: any statement of facts an accurate survey or personal inspection of the property may reveal, any existing or proposed rights-of-way, restrictive or protective covenants, easements, encroachments, rights or claims of parties in possession, zoning, building codes, permits, governmental agencies regulations, environmental conditions, wetlands, riparian, or littoral rights, flood zones, subdivision and HOA regulations, water rights or water access, mineral rights or reservations, leases or tenancies, suitability, merchantability, marketability, operability, tenant ability, habitability, income, soil condition, sink holes or percolation, safety and health codes, or fitness for a particular use or purpose, and subject to all title exceptions as set forth in the Title Commitment for the specific property being offered. No guarantees are given as to the availability of utilities or the permitted or allowable uses on the property. The seller or auction company have not made, do not make, and will not make, and hereby disclaim any representation or warranty, whether expressed or implied or statutory, whether oral or written, with respect to the property. Bidders are advised to independently verify all information deemed important. The bidder agrees all due diligence related to the property and its purchase will be completed and buyer will be satisfied with the results prior to placing a bid.
2. It is the bidder’s sole responsibility to 1) review all property information; 2) independently verify any information deemed important including, but not limited to, information available in public records; and 3) inquire of public officials as to the applicability of and compliance with land use laws, health, sanitary, safety and fire codes, any environmental laws and regulations, and any other local, state or federal laws and regulations.
3. All information contained in any and all promotional materials was provided by the seller and is believed to be correct; however, neither the seller nor the auction company makes any guarantee or warranty as to the accuracy or completeness of such information.  Neither the seller nor the auctioneer is required to update any information.
4. Neither the seller, its attorneys, any broker, nor the auction company shall be liable for any relief including damages, rescission, reformation, allowance, or adjustments based on the failure of the property, including, but not limited to, amount of square feet, acreage, dimensions, maps, taxes, income, etc. or to conform to any specific standard or expectation, or any third-party documents or information.
5. Any work performed by a potential bidder or on behalf of a potential bidder is solely at the expense and responsibility of the potential bidder.

CONFLICT OF PROVISIONS

In the event of a conflict with the Online Bidding Terms and the property-specific Contract for Sale and Purchase that is located on the documents tab of the property’s auction page, the Contract for Sale and Purchase shall control the provision in conflict.

3/11/2024