Bidding Starts: Tuesday, November 17, 2020 at 10:00:00 am ET

Questions & Inspection: Please Sign In For Details

**THESE TERMS ARE SUBJECT TO REAL PROPERTY TAX COMMITTEE MEETING APPROVAL**

ATTENTION: PLEASE READ THESE CAREFULLY. THERE ARE IMPORTANT CHANGES FROM PRIOR YEARS!

SARATOGA COUNTY
AUCTION TERMS AND CONDITIONS

1. Bidder Paperwork. Download either the “Internet Bidder Registration Packet” or the “Absentee Bidder Registration Packet” by visiting the following webpage, https://www.auctionsinternational.com/liveauctions, complete all required information areas where highlighted by printing, signing legibly and returned to office of Auctions International, Inc. by no later than 4:00PM on November 27, 2020. There will be NO EXCEPTIONS to this deadline! The “Absentee Bidder Registration Packet” is for those bidders who are unable or unwilling to participate in internet bidding.
   
   
2. Internet Bidding. Internet bidding through Auctions International, Inc.’s provider is offered as a service to our  customers, and bidders shall not hold Saratoga County and/or Auctions International, Inc. responsible for any failure due to bidder hardware/software or the loss of internet connection, by the Provider
   
   
3. Auction Period. The Auction will commence on November 17, 2020 at 10:00 am and will conclude on December 2, 2020 starting at 10:00 am

STANDARD TERMS:

1. Parcels to be Sold

 The properties contained in this booklet are offered for sale to the highest bidder by the County of Saratoga. Some parcels listed in this book may be withdrawn from the sale prior to the conclusion of the auction and, therefore, only bids on parcels still available for sale at the conclusion of the auction will be accepted. Title to all parcels included in the auction was acquired by the County of Saratoga (“County”) pursuant to Article 11 of the Real Property Tax Law.

    2. Parcels Sold As Is

(a) There are absolutely no representations made by the County, any of the County personnel or Auctions International staff as to the quality of title, location, lot size, accessibility to, environmental condition of, the existence of improvements or the condition of improvement, if any, with respect to any parcel to be auctioned. Buildings have not been inspected for the presence of lead paint or asbestos, or for their structural condition. All parcels are sold AS IS. Purchasers assume all risks associated with the parcels. The County will convey by quitclaim deed only. All bidders are advised to research the property before submitting a bid herein. The Auction is BUYER BEWARE!

(b) The County has not done an evaluation of the environmental condition of the
parcels and makes no representation with regard thereto. In consideration of allowing
buyers to bid at the auction, buyers agree to refrain from making any claim against
the County with regard to any environmental condition and agree to be responsible for
removing any environmental hazard found on the property. Buyers further agree to
hold the County and its agents harmless from any claims hereafter made against the
County based on environmental hazards that may be present on any property
purchased at this auction. No County employee or agent has any authority to make
any warranty or representation of any nature regarding the condition of any parcel.

(c) All real property, including any buildings thereon, is sold “as is” and without
any representation or warranty whatsoever as to the condition of the property or title
and subject to:

A. Any statement of facts an accurate survey or personal inspection of the
premises would disclose;

B. Applicable zoning, land use, and building laws and regulations;

C. Federal and state taxes, liens and judgments of record.

(d) All informational materials, such as slides, tax maps, deeds, photos, auction
Listings, auction catalogs, property record cards, etc., are for identification purposes only
and are neither a guarantee nor a warranty as to location, dimensions, parcel use and/or
size, or anything else. THE COUNTY, ITS EMPLOYEES, ITS OFFICERS AND ITS
AGENTS, TO INCLUDE THE AUCTIONEER, AND THE AUCTION COMPANY
MAKE NO WARRANTY EXPRESSED OR IMPLIED IN CONNECTION WITH THIS
SALE.

(e) The County reserves the right to group one or more properties into a single bid
sale.

    3. Bidder Registration

All bidders are required to register and provide suitable personal identification prior to the online auction. Auctioneer reserves the right to decline the registration if identification is not sufficient. Individuals acting on behalf of others, must produce a “Power of Attorney” duly executed and notarized. If you do not have the signed, notarized form, you will not be able to bid for them. Incorporated entities (Inc., Corp., LLC, etc.) are required to provide AT REGISTRATION: 1) a copy of the state entity incorporation filing receipt, 2) EIN number and 3) a corporate resolution duly embossed with incorporation seal authorizing the registrant to purchase the real property for said entity.

    4. Delinquent Tax Payers

Any bidder who owns property in Saratoga County, and is delinquent in their taxes, shall be prohibited from bidding at the auction. No other person who may be acting as an agent of this bidder shall be allowed to bid at the auction. Failure to comply with this provision will be grounds for default and forfeiture of any deposits paid.

    5. Buyer’s Premium

If paying by credit card, a buyer’s premium rate of ten percent (10%) of the bid amount will be calculated in the total contract price. For payments made with cash, good check or certified funds, a discounted buyer’s premium of six percent (6%) of the bid amount will be calculated in the total contract price.

    6. How Deposit is Paid

$200.00 or 10% of the high bid price, whichever is greater, in addition to the Buyer’s Premium, must be remitted as a down payment by December 9, 2020. The deposit must be in credit card (Master Card, Discover Card, or Visa), cash, money order, or guaranteed funds made payable to “Saratoga County Treasurer” and drawn on banks insured by the Federal Deposit Insurance Corporation (FDIC). No exceptions. Purchaser(s) paying by credit card(s) understand and agree(s) that all deposits collected by credit card(s) will be turned over to the Saratoga County Treasurer. The Purchaser paying by credit card(s) agrees that they shall NOT attempt a charge back on their credit card(s) used in this/these transaction(s) for any reason whatsoever. In such event that a charge back is initiated by Purchaser and that such attempt is upheld in favor of Auctioneer/Saratoga County, Purchaser agrees and authorizes to compensate Auctions International with a $750.00 recovery fee as a new charge to their credit card(s) without requiring additional Purchaser signature(s). Failure to pay such recovery fee will results in collections action against said Purchaser(s).

    7. Approval of Auction Results Required

The Auction sales are subject to the approval of the Saratoga County Board of
Supervisors. The Board of Supervisors will consider a resolution to approve the results of the Auction when it meets on December 15, 2020 at 4:00 pm.

    8. Payment of the Balance

The entire balance of the purchase price, plus an administrative fee to the County in the amount of $75.00, and the fees for recording the deed to the high bidder must be paid by cash or certified bank check to the Saratoga County Treasurer by 4:00 p.m. on January 15, 2021. Full payment of the balance of the purchase price, administrative fee, and the recording fees must be received by the County Treasurer by no later than 4:00 pm on January 15, 2021, or the winning bid will be rejected and the deposit will be retained by the County as liquidated damages for failure to complete the purchase. Upon such failure to pay the balance of the purchase price, administrative fee and recording fees in full by January 15, 2021, the County may accept the second highest bid, or reject all bids and re-sell the parcel. The check for the balance of the bid amount, administrative fee and recording fees should be a single check made payable to the Saratoga County Treasurer.

    9. Payment of Recording Fees Required

In addition to the bid price, the bidder must pay at the same time of the payment of the balance of the bid price, the following recording fees to pay for recording the deed:

A. $190 Recording fee for all improved residential parcels (Property Class 200’s), vacant residential parcels (Property Classes 311-315), Condominiums (Property Class 411c) and Agricultural parcels (Property Class 100’s)

B. $315 Recording fee for all other parcels (Property Class 300’s thru 900’s, except 311-315)

    10. Recording and Delivery of Deed

The County Treasurer will record the deed after the balance of the bid due to the Treasurer and the recording fees are paid. Title shall pass upon recording of the deed in the Saratoga County Clerk’s Office. Delivery and acceptance of the deed occurs at that time. The original deed will be mailed to you by the Clerk’s office. The purchaser has no legal right to enter or step upon the premises until a deed conveying title to the purchaser is recorded in the Saratoga County Clerk’s Office.

    11. Buyer’s Taxes

AUCTION PARCELS ARE CONVEYED SUBJECT TO ALL TAXES,
CHARGES, FEES, INTEREST & PENALTIES, ETC. LEVIED ON OR AFTER JUNE 1, 2019, INCLUDING SCHOOL TAXES, TOWN AND COUNTY TAXES, VILLAGE TAXES AND RELEVIED WATER AND SEWER TAXES, IF ANY. THESE TAXES WILL BE THE RESPONSIBILITY OF THE PURCHASER. Information as to the type and amount of any taxes, interest and penalties owed on a parcel may be obtained from the Saratoga County Treasurer’s Office by calling (518) 884-4724, or by submitting a Delinquent Property Tax Inquiry to the Treasurer’s Office through the County Treasurer’s webpage on Saratoga County’s website: www.saratogacountyny.gov.

    12. Quitclaim Deed

Conveyance to the purchaser will be by quitclaim deed, containing a description of the parcel by Tax Map number as depicted on the Saratoga County Tax Maps for the year prior to the year the County acquired its tax lien.

    13. Personal Property

No personal property is included in the sale of any of the parcels. The lawful disposition of any personal property located on any parcel purchased shall be the sole responsibility of the successful bidder following the recording of the deed. The County cannot guarantee the title or legal status of manufactured homes, if applicable. Please consult an Attorney with any legal concerns.

    14. Eviction of Occupants

Eviction of current occupants, if necessary, is solely the responsibility of the successful bidder after recording of the deed. PLEASE NOTE: Governor Cuomo has issued Executive Order 202.66 which prevents the execution and enforcement of a judgment or warrant of eviction of a residential tenant suffering financial hardship during the COVID-19 state disaster emergency through January 1, 2021. The provisions of Executive Order 202.66 may be extended beyond January 1, 2021 pursuant to a future Executive Order issued by the Governor.

    15. No Assignments

The purchaser may not assign the right to complete the sale to another person or entity. All deeds shall identify the grantee(s) as the successful bidder(s) as registered at the auction. No person who is not registered as a bidder may be placed on the deed as an owner.

    16. No Liability For Delays

The County shall not be liable or responsible to any successful bidder for any delay
in conveying a parcel to the successful bidder caused by: a court ordered stay; a stay
imposed by federal or state law and/or regulation; an Executive Order of the Governor;
or an order of the New York State Department of Health.

    17. Agreement to Terms and Power of Attorney

All winning bidders at the auction will be required to execute the following acknowledgement of and agreement to the terms of the auction and non-collusion bidding certificate and deliver such executed and notarized instrument to the Saratoga County Treasurer’s Office, 40 McMaster Street, Ballston Spa, NY, 12020, by no later than December 14, 2020:

By signing this document, I certify that I have received the terms and conditions of the auction and agree to be bound by them.

The undersigned bidder(s) certifies and agrees:

1) That the bidder is acting on the bidder’s own behalf and is not bidding on the property for the former owner(s) of the property against whom the County of Saratoga foreclosed or acting on the former owner(s) behalf as an agent or representative, and that after the sale, neither the former owner nor any subsidiary or affiliated entity of the former owner will have any legal or equitable interest in or control of the property or the rents or profits derived from the property.

2) That the bidder has no intent to defraud the County of Saratoga of the unpaid taxes, assessment, penalties & charges or any part thereof which has been levied against the property.

3) That neither the bidder nor the bidder’s assigns shall convey the property to the former owner(s) against who the County of Saratoga foreclosed within ten years after auction date and, if such conveyance occurs, with the result that the former owners have evaded the obligation to pay real property taxes on the parcel, the purchaser understands that the purchaser may be found to have committed a fraudulent act.

4) That I hereby appoint Andrew B. Jarosh, Saratoga County Treasurer, or his duly appointed Deputy, to sign, on my behalf, all deeds and other forms required to be filed and recorded in the office of the Saratoga County Clerk for any property I (or my agent) purchase at the auction.