Bidding Starts: Monday, April 10, 2023 at 12:00:00 pm ET

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

NIAGARA COUNTY NOTICE OF SALE

AND

TERMS OF SALE

            PLEASE TAKE NOTICE that I, KYLE R. ANDREWS, Niagara County Treasurer, will sell the following properties at an online public auction running from 12:00 p.m. Eastern Daylight Savings Time on April 10, 2023 thru 10:00 a.m Eastern Daylight Savings Time on April 25, 2023 at the Auctions International website (auctionsinternational.com).

1. A minimum deposit of twenty percent (20%) of the bid price or $2,500.00, whichever is greater, plus all filing and auctioneer’s fees referenced in Paragraph Eleven contained in the Terms of Sale, or the entire amount if the bid is less than $2,500.00, by no later than 4:00 p.m. on April 28, 2023 as a deposit on account at the time of sale. The deposit must be in credit card (Master Card, Discover Card, or Visa), cash, money order, or guaranteed funds made payable to “Niagara 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 Niagara 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/Niagara 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).

2. All deposits must be made in U.S. Funds. Checks must be drawn on U.S. banks.

CALCULATION OF MINIMUM DOWN PAYMENT REQUIRED IF PAID BY CREDIT CARD- to be paid on day of auction close

(Requirement is the greater of either $2,500.00 or 20% of the high bid plus a 14% buyer’s premium and filing fees, dependent on property class code, either $161 or $286  .) Deposit will also include the NYS Transfer Tax fee of $2 for each $500 of the high bid

CALCULATION OF MINIMUM DOWN PAYMENT REQUIRED IF PAID BY CASH OR CERTIFIED FUNDS- to be paid by 4/28

(Requirement is the greater of either $2,500.00 or 20% of the high bid plus a 10% buyer’s premium.)

3. Each purchaser shall sign a memorandum of his/her purchase agreeing to comply with terms and conditions herein contained immediately after the property is struck down to the purchaser by the County Treasurer or his agent.  The Niagara County Treasurer shall submit all successful bids to the Niagara County Legislature for consideration at the earliest practicable meeting following the auction for its acceptance and confirmation.  Any and all successful bidder(s) whose bid (s) is/are not accepted and confirmed by the Niagara County Legislature shall be notified of such rejection and the bid deposit returned to such bidder.  The balance of the bid price for all accepted and confirmed bids must be paid in cash or certified check (in US funds drawn in US banks) to the Niagara County Treasurer at his office located at 59 Park Avenue, Lockport, New York.  THE BALANCE OF THE BID PRICE MUST BE PAID ON OR BEFORE May 26, 2023 no later than 4:00 pm, TIME BEING OF THE ESSENCE ON THESE TRANSACTIONS.  No notice to the purchaser to complete the purchase will be sent by the County Treasurer; if purchaser neglects to call at the time provided above to receive his/her deed, he/she will be charged interest at six (6%) percent per annum thereafter on the balance of the bid price.
   
   
4. By making payment of the balance due, the purchaser will be deemed to have accepted delivery of the deed to the property and consented to its recording by the County Treasurer in the office of the Niagara County Clerk. A quitclaim deed will be recorded in the office of the Niagara County Clerk by the Niagara County Treasurer and the recorded, date-stamped original deed will be mailed to the purchaser.  The County of Niagara and the Niagara County Treasurer expressly disclaim any responsibility with regard to the recording of the deed; it is the sole responsibility of the purchaser to verify with the Niagara County Clerk’s Office that recordation has been completed. 
   
   
5. Any bidder that fails or neglects to pay the balance of the bid price by May 26, 2023 shall be deemed to have forfeited his/her deposit and the Niagara County Treasurer shall resell without any further notice to the forfeiting bidder, provided however that the Niagara County Treasurer reserves the right, in the exercise of his discretion and judgment, to extend the May 26, 2023 deadline based on extenuating circumstances.
   
   
6. The bidding will be kept open after the property is struck down and, in any case where a bidder shall have failed to comply with any of these terms of sale, the property so struck down will be put up for sale under the direction of the Niagara County Treasurer and without notice to the defaulting bidder; such defaulting bidder will be held liable for any deficiency between the sum for which said property was struck down upon the first sale and that for which it was purchased on the re-sale, and also for all costs and expenses.
   
   
7. The Niagara County Treasurer and the County of Niagara make no expressed or implied warranties, covenants or promises with regard to the legal title of the properties including, but not limited to, the insurability of title.  It is the responsibility of the purchasers to determine the marketability of title.  The properties will be sold subject to, among any and all other rights, claims and liens, any and all recorded easements and rights of way, federal liens, and rights of redemption of the federal government. All information provided by the County of Niagara or its agents with respect to individual parcels is for identification purposes only and is neither a guarantee nor a warranty as to location, dimensions, parcel use, size, or any other information expressed or implied.
   
   
8. The properties will be sold “as is.” The County of Niagara makes no representations as to the condition of the properties or their compliance with governmental standards, including but not limited to, federal, state and local building, zoning, and environmental laws, codes, ordinances, or regulations.  It is the responsibility of all bidders to determine, in advance of the sale, whether the location, size and condition of any property in which a bidder is interested is acceptable to such bidder and also to determine whether or not such property is occupied. No refund will be given by the County of Niagara for any reason in regard to sale of any properties.  The absolute unconditional right to withdraw any of the properties covered by these terms of sale from this sale at any time up to the striking down of a property is expressly reserved by the Niagara County Treasurer.
   
   
9. If any person or party occupies any of the properties, it is the purchaser’s responsibility to remove said person or party and the County of Niagara has no responsibility in connection therewith.
   
   
10. The purchaser, regardless of the date of delivery of the deed, will be responsible for the 2023/24 Village Tax Bill (if applicable), including accrued late fees, and all taxes, special ad valorem levies and special assessments which become liens against the property after the date of the auction, and utility charges and service fees.  The purchaser shall be responsible for determining any amounts owing on 2023/24 Village Tax Bill (if applicable) and for payment of the same to the entity currently collecting said tax.
    
    
11. Successful purchasers will not be given any title documents (for example, an abstract of title or search, survey or tax search). The Niagara County Treasurer shall record the deed on behalf of the purchaser, with the cost of filing ($161 or $286 depending on classification code), New York State transfer tax and auctioneer’s fee of 10% buyer premium (for cash or certified check deposit payments) or 14% buyer premium (for Credit/Debit card deposit payments to be added to the successful purchasers’ bid.
    
    
12. Risk or loss or damage by fire, vandalism or other cause (except taking under power of eminent domain) between the time the property is struck down and the time of delivery of the deed and recording (as defined herein) of the deed for the properties is assumed by the purchaser.
    
    
13. Any individual or entity who previously failed to complete a sale at a County of Niagara in-rem sale, for whatever reason whatsoever, is hereby banned from this sale and any bids are considered void.
    
    
14. The terms and conditions contained herein expressly survive the delivery of title of the properties listed above to their respective purchasers.
    
    

            Please take further notice that the list of properties will be available for inspection in the Office of the Niagara County Treasurer at the Brooks Building, 59 Park Avenue, Lockport, New York 14094 (716-439-7007).  A list will also be available on the Auctioneers website, auctionsinternational.com for your convenience.

KYLE R. ANDREWS
NIAGARA COUNTY TREASURER

Dated:  January 26, 2023
Lockport, New York 14094