Bidding Starts: Friday, September 15, 2023 at 12:00:00 pm ET

WARREN COUNTY REAL ESTATE AUCTION 2023
TERMS & CONDITIONS OF SALE
27 INDIANA AVENUE, QUEENSBURY, NY 12804 

The premises described in the preceding advertisement of sale will be sold under the direction of the Director of Real Property Tax Services Department, upon the following Terms of Sale:

1. The successful bidder (purchaser) of the premises being sold, or any portion thereof, will, at the time of the auction sign a Memorandum of Purchase Agreement in which the purchaser will agree to comply with and be obligated under all terms and conditions of sale of the Warren County Real Estate Auction 2023.  A copy of such Memorandum of Purchase Agreement is attached hereto and incorporated herein.

2. For a successful bid in any amount over One Thousand Dollars ($1,000), Ten Percent (10%) of the purchase price of said premises and an additional six percent (6%) buyer’s premium shall be made payable to the Warren County’s official auctioneer at the time of the execution of the memorandum of purchase agreement, and for which payment a County receipt shall be given by the Office of the Treasurer, and which payment may be made by way of Credit Card (with a usage fee of 4%) or a wire transfer as of the date of the auction;

For a successful bid of One Thousand Dollars ($1,000) or less, One Hundred Percent (100%) of the purchase price of said premises and an additional six percent (6%) buyer’s premium shall be made payable to the Warren County’s official auctioneer at the time of the execution of the memorandum of purchase agreement, and for which payment a County receipt shall be given by the Office of the Treasurer, and which payment may be made by way of Credit Card (with a usage fee of 4%) or a wire transfer as of the date of the auction.;

In the event of a default or failure to complete the transaction by the successful bidder, the successful bidder agrees that the amount of the deposit and buyer’s premium tendered by the successful bidder at the time of execution of the Memorandum of Purchase Agreement shall be forfeited to the County, or, if the tender is not completed, the successful bidder agrees that such amounts shall become due and owing to the County.  The County reserves the right to pursue collection of such amounts, including costs and reasonable attorney’s fees.

3. The balance of the purchase price (ninety percent (90%)) shall be made payable by bank or certified check or cash to the Warren County Treasurer, Warren County Municipal Center, Lake George, New York, within fifteen (15) days from the date of purchase. If the purchaser fails to pay the balance of the purchase price within said fifteen (15) day period as provided above, all rights to complete the transaction per the memorandum of purchase agreement will expire and the deposit and Auctioneer’s additional buyer’s premium shall be forfeited to the County of Warren;

4. If the successful bidder at the auction fails to comply with the terms and conditions of sale and therefore forfeits the right to purchase or the time to purchase expires as defined in paragraph 3 above, the County shall consider whether to offer the property for sale to the second highest bidder of record.  In furtherance of this, the Real Property Tax Services Director shall provide notice to the second highest bidder by mail at the address provided by the bidder at the auction that the County is considering whether to accept the bid of the said second highest bidder and inquire as to whether said bidder desires to purchase the property.  If the said bidder is interested in purchasing the property, the second highest bidder shall have fifteen (15) days after the mailing of such notice to enter into a memorandum of purchase agreement as set forth in Paragraph 1, and complete the transaction including tender of payment.  Notwithstanding the foregoing, upon receipt of a duly executed waiver and release from the highest bidder confirming that they will not be purchasing the property as defined in paragraph 3 above and acknowledging they will be forfeiting the buyer’s premium and ten percent (10%) deposit made, the County can immediately offer the property to the second highest bidder pursuant to the terms and conditions set forth in this paragraph.

5. The premises will be conveyed free and clear of delinquent real property tax liens but subject to:

            (a) city and village tax liens accruing during the year of the auction and not relevied in the last town and county tax immediately preceding the auction;

            (b) school taxes accruing on or after July 1^st in the year of the auction and any late payments and penalties related thereto;

            (c) street or other special assessments unpaid or payable to the municipality in which the premises are situated;

            (d) any water charges unpaid or payable to the municipality in which the premises are situated which have not been relevied in the last town and county tax levy.

            (e) any sewer charges unpaid or payable to the municipality in which the premises are situated which have not been relieved in the last town and county tax levy.           

6. The deed delivered shall be a “Quit Claim” deed and shall contain the assessment roll description of the premises and not a metes and bounds description;

7. The bidding will be kept open after the property is struck down; in the case any purchaser shall fail to comply with any of these Terms of Sale, the premises so struck down will again be put up for sale under the direction of the Real Property Tax Services Agency; the original purchaser may be held liable for any deficiency between the sum for which said premises were purchased and the resale, together with any costs or expenses occurring on such resale;

8. The premises will be conveyed subject to all existing tenancies, easements, rights, licenses, privileges, and agreements, as well as any covenants, conditions, restrictions, reservations, rights of re-entry, possibilities of reverter, rights-of-way, utility or other easement agreements, or sell-offs in former deeds or other instruments of record.  Additionally, the premises will be conveyed subject to existing laws and ordinances and any state of facts an accurate survey and prudent inspection of the property would disclose, and any federal and/or state taxes, liens, judgements and encumbrances of record not otherwise extinguished when the County of Warren took title to the subject parcel;

9. The purchaser is responsible for determining by diligent search of the public records, including those in the Warren County Clerk’s Office, whether other persons or entities including, but not limited to, mortgagees, lienholders or others have an interest in the property which may affect the title as acquired through the tax foreclosure proceeding;

10. The purchaser is responsible for determining whether any structures are located on the premises and for the condition of any structures located on the premises.  The descriptions may contain a reference to a structure that may have been removed after the description was prepared.  The County makes no promises regarding the presence or condition of any structure;

11. There shall be no interruptions of the auction by any person.  Any person so interrupting the auction may be removed from the auction;                                                                             

12. Individuals purchasing property at this public auction will be responsible for Real Property Transfer Tax on all parcels purchased; and

13. The Internal Revenue Service and/or other Federal and/or State agencies may have a right to redeem their interest in properties following this auction.  The bidder is responsible for ascertaining this information.

14. If a purchaser owes any outstanding and delinquent taxes to Warren County, those taxes must be paid in full prior to closing on any purchase made at this auction.  Failure to comply with this provision will be grounds for default and forfeiture of any deposits paid.

15. As a further term and condition of sale of the property, the Purchaser understands and agrees that the County shall arrange for the recording of the deed issued by the County in connection with such sale and that the Purchaser shall be liable for the payment of recording fees which shall be paid to the County at the time of closing on the property.  The fees associated with the recording of the Quit Claim deed shall be in addition to all other amounts due by the Purchaser in connection with the sale.

16. Remediation of this property must be completed in accordance with Town of Queensbury Building and Codes requirements.