Disclaimers by Seller: PURCHASER ACKNOWLEDGES THAT SELLER ACQUIRED TITLE TO THE PROPERTY THROUGH TAX SALE, HOLDS THE PROPERTY FOR RESALE, NOT FOR INVESTMENT, AND HAS NOT OPERATED THE PROPERTY. IT IS UNDERSTOOD AND AGREED THAT SELLER HAS NOT AT ANY TIME MADE AND IS NOT NOW MAKING, AND IT SPECIFICALLY DISCLAIMS, ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO (I) MATTERS OF TITLE, (II) ENVIRONMENTAL MATTERS RELATING TO THE PROPERTY OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OF HAZARDOUS MATERIALS IN, ON, UNDER OR IN THE VICINITY OF THE PROPERTY, (III) GEOLOGICAL CONDITIONS, INCLUDING, WITHOUT LIMITATION, SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND WATER RESERVOIRS, LIMITATIONS REGARDING THE WITHDRAWAL OF WATER, AND GEOLOGIC FAULTS AND THE RESULTING DAMAGE OF PAST AND/OR FUTURE FAULTING, (IV) WHETHER, AND TO THE EXTENT TO WHICH THE PROPERTY OR ANY PORTION THEREOF IS AFFECTED BY ANY STREAM (SURFACE OR UNDERGROUND), BODY OF WATER, WETLANDS, FLOOD PRONE AREA, FLOOD PLAIN, FLOODWAY OR SPECIAL FLOOD HAZARD, (V) DRAINAGE, (VI) SOIL CONDITIONS, INCLUDING THE EXISTENCE OF INSTABILITY, PAST SOIL REPAIRS, SOIL ADDITIONS OR CONDITIONS OF SOIL FILL, OR SUSCEPTIBILITY TO LANDSLIDES, OR THE SUFFICIENCY OF ANY UNDERSHORING, (VII) THE PRESENCE OF ENDANGERED SPECIES OR ANY ENVIRONMENTALLY SENSITIVE OR PROTECTED AREAS, (VIII) ZONING OR BUILDING ENTITLEMENTS TO WHICH THE PROPERTY OR ANY PORTION THEREOF MAY BE SUBJECT, (IX) THE AVAILABILITY OF ANY UTILITIES TO THE PROPERTY OR ANY PORTION THEREOF INCLUDING, WITHOUT LIMITATION, WATER, SEWAGE, GAS AND ELECTRIC, (X) USAGES OF ADJOINING PROPERTY, (XI) ACCESS TO THE PROPERTY OR ANY PORTION THEREOF, (XII) THE VALUE, COMPLIANCE WITH THE PLANS AND SPECIFICATIONS, SIZE, LOCATION, AGE, USE, DESIGN, QUALITY, DESCRIPTION, SUITABILITY, STRUCTURAL INTEGRITY, OPERATION, TITLE TO, OR PHYSICAL OR FINANCIAL CONDITION OF THE PROPERTY OR ANY PORTION THEREOF, OR ANY INCOME, EXPENSES, CHARGES, LIENS, ENCUMBRANCES, RIGHTS OR CLAIMS ON OR AFFECTING OR PERTAINING TO THE PROPERTY OR ANY PART THEREOF, (XIII) THE CONDITION OR USE OF THE PROPERTY OR COMPLIANCE OF THE PROPERTY WITH ANY DECLARATIONS OR COVENANTS OF RECORD OR ANY PAST, PRESENT OR FUTURE FEDERAL, STATE OR LOCAL ORDINANCES, RULES, REGULATIONS OR LAWS, BUILDING, FIRE OR ZONING ORDINANCES, CODES OR OTHER SIMILAR LAWS, (XIV) THE EXISTENCE OR NON EXISTENCE OF UNDERGROUND STORAGE TANKS, SURFACE IMPOUNDMENTS, OR LANDFILLS, (XV) THE MERCHANTABILITY OF THE PROPERTY OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE, (XVI) THE TRUTH, ACCURACY OR COMPLETENESS OF THE PROPERTY DOCUMENTS, (XVII) TAX CONSEQUENCES, OR (XVIII) ANY OTHER MATTER OR THING WITH RESPECT TO THE PROPERTY.
Sale "As Is, Where Is." PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING, SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS," PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER HAS NOT MADE AND IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO MADE OR FURNISHED BY SELLER OR ANY REAL ESTATE BROKER, AGENT OR THIRD PARTY REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING. PURCHASER REPRESENTS THAT IT IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED PURCHASER OF REAL ESTATE AND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF PURCHASER'S CONSULTANTS IN PURCHASING THE PROPERTY AND SHALL MAKE AN INDEPENDENT VERIFICATION OF THE ACCURACY OF ANY DOCUMENTS AND INFORMATION PROVIDED BY SELLER. PURCHASER WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS PURCHASER DEEMS NECESSARY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON SAME. PURCHASER ACKNOWLEDGES THAT SELLER HAS AFFORDED PURCHASER A FULL OPPORTUNITY TO CONDUCT SUCH INVESTIGATIONS OF THE PROPERTY AS PURCHASER DEEMED NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NON EXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS MATERIALS ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL OR CONSTRUCTION DEFECTS OR ADVERSE ENVIRONMENTAL, HEALTH OR SAFETY CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INSPECTIONS AND INVESTIGATIONS.
1. DELIVERY OF DEED AND POSSESSION: This sale shall be closed no later than fourteen (30) days from the date hereof, at the offices of Phyxius Law, LLC, or at such other location as Seller shall designate by written notice to Purchaser, at which time Seller shall deliver to Purchaser a good and sufficient Quit Claim Deed duly executed and acknowledged, conveying the Premises to Purchaser. TIME IS OF THE ESSENCE, AND THE TIME OF CLOSING SHALL BE STRICTLY CONSTRUED AND ENFORCED.
2. ADJUSTMENTS/PAYMENT OF CLOSING COSTS: Seller agrees to pay for preparation of the deed of conveyance. Purchaser agrees to pay for examination of title, survey, state and county excise tax on the privilege of transferring realty (document stamps), and any other costs in connection with the procurement of purchase money, including the preparation of necessary instruments such as deeds of trust, if any, all recording fees incurred pursuant to the transfer of title, and all real estate taxes, charges, municipal service fees or other assessments levied or assessed against the Premises, together with the sum of $125.00 to be applied to payment of other closing costs.
3. CONDITION OF PREMISES: Purchaser accepts the Premises and the improvements thereon in their present physical condition, AS IS, WHERE IS, WITH ALL FAULTS. Seller shall not be liable for any representations or warranties respecting the physical condition, size, or characteristics of the Premises, and unless provided for in this Agreement, Seller is not bound to make any changes, add any improvements, or repair any defects in the Premises. The Premises shall be delivered to the Purchaser in substantially as good a condition as it was on the date of entering into this Agreement, except for usual wear, tear, and loss.
4. RISK OF LOSS: The risk of loss or damage to the Premises shall be borne by the Purchaser from and after the bid strikedown at the time of sale. The Seller will not deliver possession of the Premises to the Purchaser, who shall be solely responsible for obtaining possession of the Premises. Further, the Seller shall be under no duty to cause any existing tenant or person occupying the Premises to vacate said property.
20% nonrefundable down payment made day of auction with balance due at closing. No financing contingencies will be entered into the contract. Any required inspections must be completed prior to bidding. Property is being sold as is, where is with no warranty written or implied.
14 days given to close. Announcements sale day take precedence over all advertisements published. 10% Buyers Premium will be added to determine final contract price. Name of purchaser on contract must be the name of the winning bidder or an entity which the winning bidder legally represents. No exceptions.
AGENCY DISCLOSURE: Joe R. Pyle Auction and Realty Service is acting as Auctioneer/Agent and is an agent for the seller only.
DISCLAIMER: All information regarding the description of this property is derived from sources deemed reliable but not warranted. Information is believed to be correct to the best of auctioneer/agent’s knowledge but is subject to inspection and verification by all parties relying on it. Sellers, their representatives and auctioneer/agent shall not be liable for inaccuracies, errors, or omissions.
Any references to acreage, unless otherwise noted, are derived from public record and are not warranted. Buyers are responsible for conducting their own research prior to bidding.
BUYER/BROKER INFORMATION: Commission will be paid to any properly licensed buyer's broker who registers a successful buyer according to the Broker Participation Guidelines. Broker registration forms are available on our website or from the company office. Broker must be registered 24 hours prior to Auction. Brokers/Agents are not entitled to a commission if they are the purchaser.
We don't just list your property - WE SELL IT!
JOE R. PYLE COMPLETE AUCTION & REALTY SERVICE
Joe R. Pyle, Broker
5546 Benedum Drive Shinnston West Virginia 26431
Joe R Pyle WV212
Charlotte Pyle WV2174
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Bob Stewart, Jr WV825
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