Horton Auction & Real Estate
-Horton Auction & Real Estate
DISTRICT OF COLUMBIA
Terms & Conditions
By checking this box, you are agreeing the terms below.
1. Auctioneer will attempt to obtain the highest price possible. ALL ITEMS CHECKED-IN WILL BE SOLD ABSOLUTE UNLESS PRIOR ARRANGEMENTS HAVE BEEN MADE WITH CONSIGNMENT AUCTION MANAGER. Furthermore, each item will be sold to the highest bidder without reserve unless owner is present when item is auctioned. All miscellaneous items ($100.00 value or less) will be sold absolute regardless of price. Auctioneer determines whether items are Miscellaneous. 2. Owner will pay Auctioneer a commission on each item sold at auction on the following rate schedule: $1,001.00 and up = 10% $201.00 to $1,000.00 = 15% $50.01 to $200.00 = 20% $10.01 to $50.00 = 30% Up to $10.00 = 50% 3. Owner will pay Auctioneer full commission on any item if sold by Daily Sale. 4. In addition, Owner authorizes Auctioneer to collect and retain a five percent/ten percent (5% if sold onsite / 10% if sold online) Buyer's Premium on each item of property sold. 5. Any transportation costs incurred by Auctioneer in moving the Property to the auction site will be borne by Owner. 6. Auctioneer will remit to the Owner, the net proceeds of the auction (less expenses and commissions) within 30 days of receipt. 7. Owner hereby warrants that he/she is the owner of each item of the Property, that the Property is free and clear of all liens unless listed below, and that Owner has complete power of sale. List Lienholder, item and amount owed (attach additional sheet if necessary): 8. Owner agrees to indemnifv and hold Auctioneer harmless from and against any and all claims, damages, losses, liabilities and expenses (including all attorney's fees) relating to the breach or alleged breach of Owner's obligations, representations or warranties herein. Owner's representations, warranties and indemnity herein shall survive completion of the transaction contemplated by this Agreement. 9. Owner warrants and guarantees that there are no known hidden defects or chemical toxins in item(s) to be sold. 10. Owner is responsible for fuel, oil and the winterizing of each motorized item. 11. Owner authorizes Fowler Auction & Real Estate Service, Inc. to start and move equipment within the auction area. 12. If owner requests the right to work on equipment within the auction area, Fowler Auction & Real Estate Service, Inc. will not be responsible for any injury or damage to person or property. Any costs incurred by Auctioneer for said work will be deducted from the proceeds due owner. 13. Owner agrees to hold Fowler Auction & Real Estate Service, Inc., its agents or representatives harmless in the event any item is sold to highest bidder without reserve. 14. Seller understands it remains his/her responsibility to protect his/her own interest in said items against loss by fire or theft while on auction premises and agrees to hold Auctioneer harmless from said loss by fire or theft. 15. ALL ITEMS NOT SOLD THROUGH AUCTION MUST BE PICKED UP WITHIN 10 BUSINESS DAYS FOLLOWING AUCTION. Fowler Auction & Real Estate Service, Inc. will not be responsible for property left on premises after this time. Owner agrees that any property left on premises more than 30days will be automatically consigned in the next consignment auction to be auctioned ABSOLUTE, unless prior arrangements are made with Consignment auction manager. 16. $25.00 Check-in fee per automobile. DATE: ________________________________________ NAME: ________________________________________ PHONE: ________________________________________ ADDRESS: ________________________________________ CITY: ________________________________________ STATE: __________ ZIP: _______ AGENT OF FOWLER AUCTION HAS POWER OF ATTORNEY TO SIGN FOR, RECEIVE, TRANSFER OR NEGOTIATE TITLES AND BILLS OF SALE ON THE ABOVE LISTED ITEMS. THIS MASTER CONTRACT IS VALID FOR ALL ITEMS CHECKED IN ON CONSIGNMENT ADDENDUM FROM THIS DATE FORWARD. BY SIGNING THIS CONTRACT, SELLER AGREES TO ABIDE BY THE TERMS LISTED ABOVE FOR ANY ITEMS CONSIGNED FROM THIS DATE FORWARD. OWNER OR DESIGNATED AGENT MUST BE PRESENT AT TIME OF AUCTION TO 'NO SALE' ITEM. OTHERWISE IT WILL BE SOLD TO HIGHEST BIDDER WITHOUT RESERVE. Fowler Auction & Real Estate Service Inc. Daniel Smith; (931) 675-2402 or (256) 420-4454. Greg Bottom; (256) 777-4496 or (256) 420-4454