Bidding Starts: Monday, March 13, 2023 at 12:00:00 pm ET

For questions regarding the bidder registration packet please call: (800) 536-1401 x111

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

SARATOGA COUNTY AUCTION

TERMS AND CONDITIONS

INTERNET TERMS (In addition to the Standard Terms below)

1. Internet Bidding. The Saratoga County auction of tax foreclosed parcels will be conducted online via the internet. Auctions International, Inc. will conduct the auction on behalf of Saratoga County.  Auctions International, Inc. and Saratoga County are not responsible for any failure experienced by auction bidders due to faulty or inadequate internet service, hardware malfunctions, system breakdowns, or software limitations.

2. Auction Registration. All auction bidders must register with Auctions International, Inc. to bid on the auctioned parcels. Information on how to register for the auction is available at https://www.auctionsinternational.com/liveauctions.  Registration applications must be received by Auctions International, Inc. by 4:00 PM on Wednesday, March 22, 2023.

3. Absentee Bidding. Bidders unable to participate in internet bidding can complete an “Absentee Bidder Registration Packet.”  This packet is available at Auctions International, Inc.’s website: https://www.auctionsinternational.com/liveauctions.  This registration packet must be received by Auctions International, Inc. by 4:00 PM on Wednesday, March 22, 2023.

4. Auction Period. The online auction will commence on Monday, March 13, 2023 at 12:00 PM (Noon), and bidding will start to close on Friday, March 24, 2023 at 12:00 PM (Noon).

STANDARD TERMS

1. Parcels to be Sold. All parcels included in the auction were acquired by Saratoga County pursuant to Article 11 of the Real Property Tax Law.  The properties to be auctioned are contained in a catalog compiled by Auctions International, Inc. The properties are offered for sale to the highest bidder.  Parcels may be withdrawn prior to the conclusion of the auction.  Only bids on parcels still available for sale at the conclusion of the auction will be accepted.

2. Parcels Sold As Is. No representations are made by Saratoga County, any County personnel, or Auctions International, Inc. staff as to the quality of title, location, lot size, accessibility to, environmental condition of, the existence of improvements or the condition of said improvements, if any, with respect to any parcel to be auctioned. Buildings or structures 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!

A. Environmental Assessment. The County has not evaluated or assessed the environmental condition of the parcels and makes no representation with regard to its current condition.  In consideration of allowing purchasers to bid at the auction, purchasers agree to not make any claim against the County regarding any environmental condition and agree to be responsible for the required removal of any environmental hazard found on the property. Purchasers 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.

B. Conditions Affecting Parcels. All parcels, including any buildings, structures, or improvements thereon, are sold "as is" without any representation or warranty whatsoever as to the condition of the property or its title and subject to:

• Any statement of facts an accurate survey or personal inspection of the property would disclose;
• Applicable zoning, land use, and building laws and regulations;
• Federal and state taxes, liens and judgments of record; and
• Easements, covenants, restrictions, conditions, agreements, and reservations of record, and the rights of the public and others in and to any part of the parcels that lie within the bounds of any street, roadway, alley, highway, and rights-of-way of record.

C. No Warranties. All informational materials, including but not limited to, slides, tax maps, deeds, photos, auction catalogs, and property record cards are for identification purposes only and are neither a guarantee nor a warranty as to location, dimensions, parcel use, parcel size, or habitability. THE COUNTY AND ITS EMPLOYEES, OFFICERS, AND AGENTS, TO INCLUDE THE AUCTIONEER AND THE AUCTION COMPANY MAKE NO WARRANTY EXPRESSED OR IMPLIED IN CONNECTION WITH THIS SALE.  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 other individuals or entities must produce a "Power of Attorney" duly executed and notarized. If an individual does not have a signed, notarized Power of Attorney form, the individual will not be able to bid for other individuals or entities. Incorporated entities (e.g., Inc., Corp., LLC, etc.) are required to provide at registration: (1) a copy of the state entity incorporation filing receipt; (2) Employer Identification Number (“EIN”); and (3) a corporate resolution duly embossed with incorporation seal authorizing the registrant to purchase the property for said entity.

4. Delinquent Taxpayers. 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. A Buyer’s Premium is an administrative fee to cover the costs of administering the auction.  These costs include, among others, expenses related to the processing of registrations, performing site visits, generating signs, compiling property information, producing a property catalog, advertising, conducting the auction, administering deposit collections, and facilitating the paperwork needed to transfer title.  A six percent (6%) Buyer’s Premium will be added to the amount of the deposit for each parcel sold at auction.

6. Deposit. PLEASE NOTE:  BIDDERS MUST INDICATE ON THEIR REGISTRATION APPLICATION WHICH PAYMENT METHOD WILL BE USED TO MAKE A DEPOSIT: EITHER BY DEBIT/CREDIT CARD PAID ONLINE OR CASH/CERTIFIED FUNDS PAID TO THE OFFICE OF THE COUNTY TREASURER.  The successful bidder shall deposit ten percent (10%) of the winning bid price, or two hundred dollars ($200.00), whichever is greater, and the 6% Buyer’s Premium for each parcel. Deposits made online by debit or credit card will incur an additional four percent (4%) convenience fee.  All deposits and Buyer’s Premiums must be remitted by 4:00 PM, Friday, March 31, 2023. Certified funds shall be made payable to "Saratoga County Treasurer" and must be drawn on banks insured by the Federal Deposit Insurance Corporation (FDIC). No exceptions. A purchaser paying by debit or credit card understands and agrees that all deposits collected by debit or credit card will be turned over to the Saratoga County Treasurer. The purchaser’s credit card will be charged IMMEDIATELY following the close of the parcel, and the purchaser will not be contacted.  A purchaser paying by debit or credit card agrees NOT to attempt a charge back on the debit or credit card used in the transaction for any reason whatsoever. In the event a charge back is initiated by the purchaser and that such attempt is upheld in favor of the Auctioneer or Saratoga County, purchaser agrees and authorizes to compensate Auctions International, Inc. with a $750.00 recovery fee as a new charge to their debit or credit card without requiring an additional signature from the purchaser. Failure to pay such recovery fee will result in a collection action against the purchaser.

CALCULATION OF MINIMUM DOWN PAYMENT REQUIRED IF DEPOSIT IS PAID BY DEBIT OR CREDIT CARD (The deposit is the greater of $200.00 or 10% of the high bid, plus a 6% Buyer’s Premium and 4% debit/credit card convenience fee.)

High Bid                                       $10,000                 

Deposit (10% of Bid)                   $  1,000                 

Buyer’s Premium (6% of Bid)      $     600                

Convenience Fee (4% of Deposit & Buyer’s Premium)     $       64                   

Total Deposit                                $  1,664                 

High Bid                                         $  200.00

Deposit                                            $  200.00

Buyer’s Premium (6% of Bid)        $   12.00

Deposit & Buyer’s Premium )       $     8.48

Total Deposit                                  $ 220.48

CALCULATION OF MINIMUM DOWN PAYMENT REQUIRED IF DEPOSIT BY CASH OR CERTIFIED FUNDS (The deposit is the greater of $200.00 or 10% of the high bid, plus a 6% Buyer’s Premium.)

High Bid                                       $10,000

Deposit (10% of Bid)                   $  1,000

Buyer’s Premium (6% of Bid)      $     600 

Total Deposit                                $  1,600

High Bid                                          $200   

Deposit                                           $200

Buyer’s Premium (6% of Bid)            $12

Total Deposit                                    $212

7. Approval of Auction Required. 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 Tuesday, April 18, 2023 at 4:00 PM, or at any subsequent regularly scheduled meeting of the Board of Supervisors.

8. Payment of 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 funds made payable to the Saratoga County Treasurer by 4:00 PM on Friday, May 19, 2023, 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 Friday, May 19, 2023, 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: 

1. $190 Recording fee for all improved residential parcels (Property Class 200's), and Agricultural parcels (Property Class l00's).

1. $315 Recording fee for all other parcels (Property Class 300's thru 900's).

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

11. Purchaser's Taxes. AUCTION PARCELS ARE CONVEYED SUBJECT TO ALL TAXES, CHARGES, FEES, INTEREST AND PENALTIES LEVIED ON OR AFTER JUNE 1, 2022, 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: 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 the recording of the deed.

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. A person not registered as a bidder may not 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 Conditions, and Power of Attorney. All winning bidders at the auction will be required to execute the following acknowledgement of, and agreement to, the terms and conditions of the auction and non-collusion bidding certificate, and deliver such executed and notarized instrument to the Office of the Saratoga County Treasurer located at 40 McMaster Street, Ballston Spa, New York 12020, no later than Wednesday, April 12, 2023:

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 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 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 against whom the County of Saratoga foreclosed within ten years after auction date and, if such conveyance occurs, with the result that the former owner or 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, purchases at the auction.