Fischer Online Real Estate Auction

Preview Auction Date Auction Location
Saturday, December 17, 2022 - 1:00pm 5912 HWY Y
GERALD MO 63037

Auction Bill: 

Linda Niendick conservator for Patricia Fischer will sell her real estate online.

 

Online bidding December 10th- December 17th

Open House: December 3rd 12-2 PM

 

To register to bid click here!Fischer Online Real estate Auction Auction | Auctioneer Pro (apro.bid)

 

5912 HWY Y Gerald, MO 63037

 

This 3 bedroom ranch home sits on a beauitful 5+ acre lot. The location of this property offers plenty of privacy all while being within miles of HWY 50 for an easy commute to town. 

 

House Details

- 1200 sq. ft. house

- 3 bed /1.5 bath

- 1 car attached garage

-40x26 partially finished basement

- 20x10 Deck with stairs

- Walkout Basement

 

Detached Garage

- 40x30 shed/workshop with concrete foundation and concrete floor

- 100 amp service 

- 2 garage doors ( 9'W x 8'T)

- Man Door

- 2x4 stick built with metal Siding

 

Sales Details

-Starting Bid is $105,000 (sells absolute after starting bid)

- 3% Buyer's premium added onto purchase price

- Real estate will be sold with 2 deeds

- Real estate will be sold with Court Approval

 

 

 

 

 TERMS and CONDITIONS - Please Read

 
1. THIS IS AN INTERNET ONLY AUCTION; no live auction will be held.
 
2. Any Competent adult qualified bidder who properly registers and is approved by Brehe Online
Auctions LLC (Brehe) for this auction and agrees and complies with the TERMS AND
CONDITIONS of this auction may bid. Bidding starts at an absolute reserve price and Brehe
will control all bid increments. Brehe reserves the right to extend bidding if overtime period is
necessary. If a bid is placed within the last 5 minutes of the auction close, the bidding will
automatically be extended for 5-minute increments until the final bid is accepted.
 
3. The high bidder on the property will be emailed an invoice at the close of the auction. The
winning bidder will be required to bring a nonrefundable deposit of 10% of the bid price to the
Brehe representative and execute the purchase agreement the next business day following the
conclusion of the online auction. Deposit will be in the form of a business or personal check
made out to the local title company.
 
4. Balance must be paid at closing within 30 days of the contract signing. Closing will be held at
local title company with the 3% Buyer premium being due on the day of closing. The Seller at
closing will convey good and marketable title. Buyer and Seller will be responsible for
customary closing costs issued by the Title Company. Extension of the time shall only be
granted by Seller and Brehe.
 
5. This property sells AS-IS without warranty as set forth more fully in Exhibit A attached hereto
and by this reference incorporated herein. This property sells without contingencies. Any
inspections or financing needed by the buyer must be made before the auction at the buyer’s
expense. Sale is not subject to survey.
 
6. This contract will not be contingent on the buyer's ability to obtain financing. If the buyer is
unable to obtain financing or otherwise defaults, he or she will forfeit their earnest money.
 
7. If the high bidder does not submit the down payment and sign the contract within 48 hours of
the sale, the seller will not be obligated to sell the property to the high bidder and may
immediately enter into a contract with another buyer.
 
8. The auctioneer reserves the right to cancel, suspend, extend or reschedule an auction event or
to make changes to the auction closing times in the event of any unforeseen technical or legal
issues.
 
9. Neither the company providing the software or the auction service shall be held
responsible for a missed bid or the failure of the software to function properly for any reason.
 
10. In the event that any provision of this Agreement is determined to be invalid or unenforceable
by a court of competent jurisdiction, such invalidation shall not invalidate the remaining
portions of this Agreement, and those remaining provisions shall be enforced and remain in full
force and effect.
 
11. By registering for the auction, bidder acknowledges having read, agreed to and accepted this
Agreement, as it may be updated from time to time prior to the auction. Such form of
acceptance by bidder is binding and bidder acknowledges that such acceptance shall be binding
and enforceable pursuant to the Electronic Signatures in Global and National Commerce Act
 
(“E-Sign Act”), Title 15, United States Code, Sections 7001 et. seq., the Uniform Electronic
Transactions Act (“UETA”) and applicable state laws.
 
12. Neither Seller, nor Brehe makes any representations or warranties as to the accuracy or
completeness of any information contained online, in any auction brochure or brochure
available at the property (if any) or as otherwise made available by the Seller or Brehe. All
prospective Bidders are required and encouraged to conduct their own due diligence and
investigate all matters relating to the Properties that they are interested in purchasing at the
Auction. Online bidding is provided on an “as is, where is, as available, and with all faults and
limitations” basis. No warranties, expressed or implied, including, but not limited to, those of
merchantability or fitness for a particular purpose or use, are made with respect to the online
bidding platform or any information or software therein.
 
13. You acknowledge and agree that specific performance is not an available remedy for any
alleged breach of this Agreement. Neither Seller nor Brehe will be liable for any damages or
injury caused by, including but not limited to, any failure of performance, error, omission,
interruption, defect, delay in operation of transmission, computer virus or line failure. Neither
Seller nor Brehe will be liable for any damages or injury, including but not limited to special or
consequential damages that result from the use of, or the inability to use, the online bidding
platform even if there is negligence on the part of Brehe or its representatives, or Brehe or an
authorized Brehe representative has been advised of the possibility of such damages, or both.
The above limitations or exclusions may not apply to you to the extent that applicable law may
not allow the limitation or exclusion of liability for incidental or consequential damages, in
which event Brehe's and Seller's, liability to you for losses, damages and causes of action (in
contract or tort, including without limitation negligence, or otherwise) will not be greater than
the amount you paid to access the bidding platform.
 
14. In the event Brehe is required to defend against or bring any action, proceeding or arbitration by
or against you arising out of or relating to this agreement, and Brehe is a prevailing party, to the
extent permitted by applicable law, you agree that Brehe is entitled to seek and recover from
you, in addition to any other relief that may be granted, the reasonable attorneys’ fees, costs and
expenses incurred in the action, proceeding or arbitration.
 
15. This Agreement shall be construed in accordance with the laws of the State of Missouri, without
regard to the conflicts of law principles of such state. It is expressly agreed that any litigation
arising out of or relating in any way to the terms and conditions in this Agreement shall be
adjudicated in the state and federal courts located in Franklin County, State of Missouri.
 

EXHIBIT A

EACH BIDDER ACKNOWLEDGES AND AGREES THAT ALL PROPERTY IS OFFERED, AND IS BEING SOLD, IN ITS “AS IS” AND “WHERE IS” CONDITION, WITH ALL FAULTS, DEFECTS AND LIMITATIONS, WHETHER OR NOT APPARENT.

Any information provided by Seller or Brehe regarding sizes, floor plans, square footage and/or bedrooms/bathrooms for the Properties are approximations and their accuracy is not warranted or guaranteed by any such parties. Such approximations are based only upon available information provided by the Seller. Actual sizes, floor plans, square footage, bedroom/bathrooms and/or other details may vary. Neither Seller nor Brehe shall be liable for any allowance, adjustment or revision in value of the Property based upon the failure of the Property, its appliances, or its floor plan to conform to any specific standards and every party is urged to verify such information independently.

You acknowledge and agree that you are bidding for and, if you are the Winning Bidder, acquiring the Property in its present state and condition, with all defects, both patent and latent, and with all faults of the Property whether known or unknown, presently existing or that may hereafter arise.

You acknowledge and agree that Brehe and the Seller have not made, do not make and specifically negate, and disclaim, any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the Property. This disclaimer shall include: (a) the value, nature, quality or condition of the Property, including, without limitation, the water, soil and geology; (b) any income to be derived from the Property; (c) the suitability of the Property for any and all purposes, including occupancy, and any activities or uses which may be conducted thereon; (d) the compliance of or by the Property or its operation with any laws, rules, ordinances, or integrity of the land or any buildings or improvements of any applicable governmental authority or body; (e) the habitability, merchantability, marketability, profitability or fitness of the Property for any particular purpose; (f) the manner or quality of the construction or materials, if any, incorporated into the Property; (g) the manner, quality, state of repair or lack of repair of the Property; (h) the existence of any view from the Property or that any existing view will not be obstructed in the future; (i) the conformity of the improvements to any plans or specifications for the Property that may be provided to you; (j) the conformity of the Property to applicable zoning or building code requirements; (k) the existence of soil instability, past soil repairs, susceptibility to landslides and/or sinkholes, sufficiency of under-shoring, sufficiency of drainage, or any other matter affecting the stability or integrity of the land or any buildings or improvements situated thereon; (l) whether the Property is located in a special studies zone under the public resources code or a seismic hazards zone or a state fire responsibility area, or a special flood hazard zone; or (m) any other matter with respect to the Property.

You acknowledge that the Property may not be in compliance with applicable zoning, building, health or other law or codes, and that the Seller may not have occupied or managed the Property and that the Property may not be in habitable or usable condition. You also acknowledge and agree that, without limitation, Brehe and any Seller have not made, do not make, and specifically disclaim any representation regarding compliance with the Americans With Disabilities Act or with any environmental protection, pollution or land use laws, rules, regulations or orders or requirements, as defined by the U.S. Environmental Protection Agency regulations or the disposal or existence, in or on the Properties, of any hazardous substance, as defined by the comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder.

Each Bidder acknowledges and agrees that such Bidder has had the opportunity to view and inspect the Property prior to bidding, and further acknowledges and agrees that the following inspections are not material to such Bidder bidding on, and/or purchasing the Property:

  • Termite/pest/wood infestation inspection;
  • Radon test;
  • Structural (including roof and foundation);
  • Electrical inspection;
  • Plumbing inspection;
  • Heating system inspection;
  • Water analysis to determine potability;
  • Percolation inspection to determine use of Property in conjunction with state sewage facilities law;
  • Septic/sewage disposal system;
  • Inspections to determine environmental hazards and/or toxic wastes or substances;
  • Wetland studies; and
  • Lead testing.

If and to the extent that a Bidder has not conducted any or all inspections prior to an Auction, such Bidder agrees and acknowledges that he/she/it has waived all rights to conduct such an inspection and that the failure to conduct such an inspection will not excuse performance or be a legally permissible reason for breach of the Purchase Agreement.