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BIDDER AGREEMENT
All Bidders must agree to the following terms before bidding:
- Representations, Warranties and Responsibilities.
- RealtyInvestorBid.com, LLC makes no representations or warranties regarding the Property itself or whether the pictures and/or descriptions of the Property accurately depict the Property in its current state.
- RealtyInvestorBid.com, LLC makes no representations or guarantee of a sales price.
- Final approval and acceptance of any and all purchase agreements submitted by Bidder belongs solely to the Seller or Seller's Agent. RealtyInvestorBid.com, LLC cannot approve or accept a final bid without the approval of Seller or Seller's Agent.
- RealtyInvestorBid.com, LLC reserves the right to reject any real estate agent, business entity, builder/developer, or any property in its sole and absolute discretion.
- Bidder understands that RealtyInvestorBid.com, LLC is merely an online auction company. Bidder hereby Covenants Not to Sue RealtyInvestorBid.com, LLC for any damages that arise out of Bidder's use of RealtyInvestorBid.com, LLC's website, the auction process, or any purchases Bidder makes through RealtyInvestorBid.com, LLC.
- Bidder should be prepared to close within thirty(30) days of a successful bid unless seller and bidder come to a mutual agreement in writing for a different time period.
- Arbitration. Any claim or controversy arising out of this Bidder Agreement shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. The Bidder specifically agrees to arbitrate any dispute in Atlanta, Georgia. To the extent that RealtyInvestorBid.com, LLC is required to hire legal counsel to pursue any monies it is owed under this Agreement, RealtyInvestorBid.com, LLC will be entitled to reasonable attorneys fees related to its attempts to collect its debts. RealtyInvestorBid.com, LLC will be entitled to reimbursement for any costs of litigation, including but not limited to reasonable attorney's fees and expenses, relating to enforcing provisions of this Agreement.
- Choice of Law. The validity and interpretation of any of the terms and provisions of this Bidder Agreement or of the rights and duties of the parties under this Agreement shall be governed by the laws of the State of Georgia. Each of the parties irrevocably submits to the exclusive jurisdiction of arbitration in Atlanta, Georgia and waives any objection that it may now or hereafter have to venue or convenience of forum. Each party agrees that all claims in respect of the proceeding shall be heard or determined only in any Arbitration and agrees not to bring any proceeding arising out of or relating to this Agreement or any contemplated transaction in any other court or forum. The parties agree that either or both of them may file a copy of this paragraph with any Arbitrator as written evidence of their voluntary and bargained for Agreement to irrevocably waive any objections to venue or convenience of forum. Process in a new proceeding referred to in the first sentence of this section may be served on any party anywhere in the world.
- RealtyInvestorBid.com, LLC's Transaction Fee. RealtyInvestorBid.com, LLC shall be entitled to an auction transaction fee of 1% of the sale price of the Property (or a minimum of $500, whichever is greater), to be paid at the closing of the Property. The bidding will not reflect this Transaction Fee, but Bidder shall ensure that this term is included in any purchase agreement for the Property. RealtyInvestorBid.com, LLC shall be entitled to his Transaction fee if any of the following events occur:
- The Property is sold through RealtyInvestorBid.com, LLC's efforts under this Agreement; or
- RealtyInvestorBid.com, LLC receives a bid price that equals or exceeds the Reserve Price;
- The Property is contracted to be sold within 30 days of the close of the online auction event to a registered bidder who bid on the Property; or
- The Property is sold by Seller or Listing Agent, or any other third party, during the Term of this Agreement.
- Bidder hereby consents to place into any final Real Estate Contract that may arise out of Bidder's use of RealtyInvestorBid.com, LLC's website a clause that states: "Bidder agrees to pay the Transaction Fee per paragraph 4 above. The Property price on the Real Estate Contract shall include the Transaction Fee All parties acknowledge that this Transaction Fee is to be paid directly to RealtyInvestorBid.com, LLC at closing of the Property."
ALL BIDDERS MUST ACCEPT THE TERMS OF THIS BIDDER AGREEMENT BEFORE BIDDING.