THIS WEBSITE OFFERS PROPERTIES FOR SALE BY MORE THAN ONE SELLER. THE TERMS AND CONDITIONS OF SALES MADE BY ANCHOR LOANS, LP ARE SET FORTH BELOW. ANCHOR LOANS,LP MAKES NO REPRESENTATIONS REGARDING ANY PROPERTIES SOLD BY ANY PARTY OTHERTHAN ANCHOR LOANS, LP AS SET FORTH IN MORE DETAIL BELOW. BY USING THIS WEBSITE AND/OR BY BIDDING ON ANY OF THE PROPERTIES OFFERED FOR SALE ON THIS WEBSITE YOU AGREE THAT YOU HAVE AGREED TO AND ACCEPTED ALL OF THE TERMS AND CONDITIONS BELOW.
As used in these Terms and Conditions (“Terms”), any party advertising real property for sale on www.anchorloans.com/properties-listing(“Website”) is a “Seller” and each prospective buyer who participates in any property auction conducted on the Website is a “Participant.” As used in these Terms, the term “Seller,” “Anchor,” and “Participant” shall also refer to the respective bidders, principals, agents, and affiliates of each. “Winning Bidder” is the Participant that (a) submits the highest bid in an auction and is acknowledged by Seller by email or telephone as the winning bidder, or (b)submits any offer that is accepted by Seller. As used in these Terms, each bid or offer submitted by a Participant in any property auction conducted on Website is an “Offer.” “Property” shall refer to any property listed for sale on the Website.
TERMS AND CONDITIONS APPLICABLE TO SALES BY ANCHOR LOANS, LP
For those auctions conducted by Anchor Loans, LP (“Anchor”),Anchor conducts auctions on its own behalf only and is not acting as an agent for any other potential buyer or Participant in any capacity. By registering on the Website or submitting an Offer at Website, Participant acknowledges having read and accepted these Terms. By submitting an Offer, Participant is deemed to have accepted any additional terms and conditions posted on the property’s details page on the Website at the time the Offer was submitted. Anchor may refuse any bid made by any Participant in Anchor’s sole discretion.
TERMS OF SALE
Property information has been gathered from a variety of sources and has not been independently verified by Anchor. Anchor offers these assets for sale in "As Is, Where Is" condition at the time of sale or closing, including any hidden defects of any nature, known or unknown, as of the closing date of the sale of the subject property. Participant specifically agrees that the Anchor makes no representations or warranties of any kind whatsoever, other than as expressly set forth herein and/or otherwise listed on the Website, to Participant as to the value, condition or fitness of any property listed on Website, environmental or otherwise, or any part therefore improvements thereon. All descriptions, measurements and acreage provided by Anchor are to be used as a guide only. Participant may use this information for their own internal purposes and in a manner that is usual and customary for professionals within the ordinary scope of Participant’s licensed or regular business activity. Participants are encouraged to consult with a licensed real estate broker, contractor, attorney, financial advisor, tax advisor, insurance agent and/or other relevant professionals before making a bid for any Property. Participant acknowledges and agrees that it is the Participant's sole responsibility to make such legal, factual and other inquiries, inspections and investigations as the Participant considers necessary prior to bidding on any Property, and Participant hereby warrants and represents that he, she or it shall have satisfied itself as to the location and condition of the property, taxes, liens, title, encumbrances and all descriptions with respect thereto, prior to bidding, and that it has had the opportunity to do so.
DUE DILIGENCE
It is each Participant’s sole responsibility to conduct its own due diligence and investigate all matters relating to each Property that Participant is interested in purchasing, including, without limitation, zoning, hazardous materials, lot lines, surveys, hidden defects, defects, legal matters, physical condition and attributes, environmental matters, economic matters, encumbrances, and all other aspects of the subject property. In some circumstances Anchor may be unable to provide physical access for inspections and Participants must submit Offers accordingly at their own risk. All Offers should be based solely on Participant’s independent due diligence. Anchor urges Participant to accomplish its due diligence carefully, and use professionals for advice and further buy title insurance, property insurance and liability insurance.
PROPERTY INSPECTIONS
Participants may not enter upon any property offered on Website without the express, written permission of Anchor. Any entry by any Participant or prospective Participant upon any Property without the express, written consent of Anchor shall constitute trespassing. Participant is responsible for all liability, damages and/or costs directly or indirectly arising from Participant’s inspection, visit, or investigation of any Property. Participant agrees to indemnify, defend and hold harmless Anchor from any such liability, damages and/or costs, and to maintain all applicable policies of insurance insuring over such liability, damages and/or costs.
CLOSING COSTS AND TRANSFER TAXES
Winning Bidder is responsible for all closing costs and transfer taxes. Escrow, deed preparation and mortgage loan documentation will be initiated with the winning bidder within 24 hours of the winning bid on the subject property. Winning Bidder has ___business days from auctions close to fully fund escrow for balance due or else may be declared in default.
ALL SALES FINAL
All sales are final. If Winning Bidder fails to pay the bid amount in the escrow period of ___ days, Winning Bidder will be responsible for any expenses incurred in a resale, and for the difference between Winning Bidder’s bid and the resale price, if it is resold for a lesser amount than Winning Bidder’s bid.
TERMS AND CONDITIONS APPLICABLE TO SALES BY ALL PARTIES OTHER THAN ANCHOR LOANS, LP AND ITS AFFILIATES
Anchor does not own any of the properties advertised by [LIST NAMES OF THIRD PARTY SELLERS HERE],does not offer the properties for sale, has not inspected the properties and hereby disclaims all representations and warranties, express or implied, with regard to the properties, including, without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise (irrespective of any course of dealing, custom or usage of trade). Information regarding the properties offered for sale is provided by the seller offering the property; Anchor does not confirm the veracity of the information provided by the seller and makes no representations regarding the accuracy or reliability of information provided by said seller. Participants are advised to undertake their own due diligence in considering the purchase of any properties advertised. Contact the seller for additional information.
Participant further agrees that Participant shall defend and indemnify Anchor Loans, LP, and its agents, officers and employees from and against any and all claims, damages, losses, expenses, fines, penalties, judgments, demands and defense costs (including, without limitation, actual, direct, out-of-pocket costs and expenses and amounts paid in compromise or settlement and reasonable outside legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of or in connection with the Participant purchasing property from any Seller other than Anchor.
