Albany County, New York
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Auction Terms and Conditions
Auction Terms and Conditions
Updated for the October 13, 2012 auction
- The County of Albany reserves the right to withdraw any or all parcels prior to the auction.
- No bid shall be accepted for less than the sum of $100 or the minimum bid for the parcel announced at auction. The County reserves the right to reject any bid that is not an appreciable advancement over the preceding bid. The County Auctioneer's decision regarding any bidding disputes is final.
- All sales are subject to approval by the Albany County Executive and the Albany County Legislature. The County Executive and/or the County Legislature may reject any sale for any reason. The proposed purchaser shall complete and submit the Questionnaire annexed hereto as Exhibit "A", which will be reviewed by the County Executive and County Legislature as a part of the approval process. In considering the approval of all proposed sales the County Executive and County Legislature will consider the planned use of the property; whether or not it is to be owner occupied; whether or not the proposed purchaser intends to rehabilitate the property and the extent of the financial investment and timeframe for the rehabilitation. The County Executive and County Legislature will also consider in the approval process whether or not the proposed purchaser has previously purchased property from the County and, if so, whether or not the proposed purchaser has complied with the use, plans and any rehabilitation represented by the proposed purchaser as to be undertaken at the property (ies) previously purchased from the County.
- The tax delinquent former owner(s), their immediate family member(s), or anyone acting on their behalf, bidding on a parcel must pay the amount of the delinquent tax liens foreclosed upon and all subsequent fees and interest or the bid price, whichever is greater. Successful bidders will be required to certify in the contract of sale that they are not the tax delinquent former owner(s), an immediate family member or someone acting on behalf of said tax delinquent former owner(s). No approved bidder shall transfer the property to the tax delinquent former owner(s), an immediate family member or anyone acting on behalf of said tax delinquent former owner(s) within a period of two years following sale at auction. A right of reacquisition shall exist on all auction sales allowing the County to reacquire any parcel violating this condition.
- Persons or entities having lost title to property to the County by reason of delinquent tax foreclosure within the 24-month period preceding the auction are prohibited from bidding at auction. Any person or entity having unresolved Building Construction and Fire Safety Code violations in connection with other properties are prohibited from purchasing auction properties. Successful bidders will be required to certify in the contract of sale that neither of these prohibitions applies to them.
- The County reserves the right to accept bids from potential bidders not attending the auction. The County may require certified funds to cover a bid on a specific parcel. These bidders may be required to sign a bid form upon notification accepting their bid. Where applicable, these bids will be announced as the starting bid at the auction. The County also reserves the right to record "back-up bidders" at auction. Once the successful bidder is recorded, the highest previously submitted bid will be recorded as the "back-up bid." This designation will be noted by the auctioneer at the close of the bidding. In the event that the successful bidder does not close on the parcel, the "back-up bidder" may be sold the parcel subject to the same approvals as all other bidders at auction. A previously recorded bid will be accepted as the "back-up bid" if that bid is higher than other qualifying bids at auction.
- The successful bidder will be required to execute a contract of sale for the amount bid and to deposit with the County $100 or 20% of the amount bid, whichever is greater, as a down payment. Failure to make such deposit or payment by check which is returned for insufficient funds shall disqualify the bidder issuing such check and shall nullify the bid. The successful bidder must pay the balance of the purchase price by bank check, certified check, or cash to the Commissioner of Management and Budget, Harold L. Joyce Albany County Office Building, 112 State Street, Suite 800, Albany, New York 12207, within thirty (30) days from the date of a letter which will be mailed to the approved bidder by the Albany County Division of Finance stating that the deed to the parcel purchased is ready for delivery. If no response is received from the successful bidder, the County will send a certified letter notifying that bidder of the potential deposit forfeit. The County of Albany accepts no responsibility for failure of delivery or receipt of that letter. If the approved bidder fails to timely pay the balance of the purchase price, the deposit will be forfeited and the parcel offered for re-sale at a future public auction. In such event, the successful bidder may be held liable for any deficiency between the sum bid and sum for which the property is re-sold, together with any costs or expenses incurred on such re-sale. A successful bidder failing to close on the sale may be restricted from bidding at future auctions, in addition to being liable for any deficiency suffered by the county upon subsequent sale of the property. Bidders may be granted an extension on closings at the discretion of the County Executive. If an extension is granted, the bidder shall be liable for the pro-rated share of taxes on the property computed from the original closing date.
- The County Executive may segregate specified parcels in the auction brochure and establish conditions set forth in the public record as a condition of the bids. These conditions may include, but are not limited to, requiring certified funds, a cashier's check, a deposit of $100 or 20% of the amount bid, whichever is greater, as a down payment at the time of the auction on specified parcels from the bidder and backup bidder on those specified parcels. The County is required to clearly note these conditions in the public record prior to recording bids on each parcel so affected.
- All information aids provided by the County in connection with auctions, such as slides, tax maps, deeds, photos, auction listings, auction catalogs, auction signs, property record cards, etc., are for identification purposes only and are not intended as, nor do they constitute, a representation, guarantee, or warranty as to condition, location, dimensions, zoning, property use and/or size.
- All properties, including any buildings or other improvements located thereon, are offered for sale and sold by the County "AS IS" without representation or warrant of any kind as to their condition, excepting where applicable, the HUD Lead Paint Disclosure for Residential Properties and any other disclosure required by law. All information and records concerning property condition had by the County is available for review by prospective bidders. Prospective bidder to whom the condition of a property is relevant to their bidding upon it are therefore cautioned to review such information and records and to consider having an inspector, contractor, architect, and/or engineer inspect the property prior to bidding. Albany County has acquired title to these properties through delinquent real property tax foreclosure proceedings "In Rem" in accordance with Article 11, Title 3 of the Real Property Tax Law of the State of New York and the right, title, interest, claim, lien, and equity of redemption of all persons therein have been presumptively extinguished under said provisions of law, which presumption will become conclusive after two years from the date of the recording of the deed thereof to the purchaser. The deed conveying title to the purchaser will be a quit claim deed from the County of Albany containing the assessment roll description of the parcel as it appeared on the delinquent tax roll for the year upon which the County acquired title by foreclosure and not a metes and bounds description. However, title conveyed to purchaser is subject to: (a) any state of facts an accurate survey or personal inspection of the premises would disclose; (b) all applicable zoning/ land use/ and building code regulations; (c) and easements, covenants, conditions and rights-of-way of record existing at the time of the levy of the tax, the non-payment of which resulted in the delinquent tax foreclosure proceedings by which Albany County acquired title; (d) current taxes and assessments and water and sewer charges to the extent hereinafter provided; and (e) any conditions established by the County Executive and set forth in the public record as a condition of the sale prior to recording bids. Since marketable and/or insurable title to and the actual dimensions and physical location of these properties is not warranted by the County, prospective bidders to whom obtaining insurable or marketable title to or the actual dimensions and/or physical location of a property is relevant to their bidding upon it are cautioned to consider having a title search and/or survey of the property performed or otherwise satisfying themselves in this regard prior to bidding. Successful bidders and/or their representative may not enter or perform any work upon the properties purchased by them at auction prior to the transfer of title at closing without the express written consent and agreement of the County.
- All parcels will be conveyed by the County of Albany to the purchaser(s) thereof free and clear of all property and school taxes levied prior to January 1, 2013, excepting: (a) any village taxes; (b) a pro-rated share of the 2012-2013 School Tax bill payable in September 2012 (c) any street, sewer, or other special assessments due and payable to the municipality in which the parcel is located; (d) any water and sewer charges levied against the parcel which are due and payable at the time of closing. The purchaser is responsible for paying the full amount of property and school taxes levied against the parcel on and after January 2013, including any and all other charges included on those tax bills for such tax levies.
- If the successful bidder owes any outstanding delinquent taxes to Albany County, those delinquent taxes must be paid in full prior to closing on any purchases made at this auction. Failure to comply with this requirement will be grounds for disqualification and forfeiture of any deposits paid by the successful bidder.
- In addition to the purchase price, the approved bidder must pay closing costs consisting of any taxes, fees and charges required by law to be paid to the County Clerk in connection with recording the deed and filing any related documentation. Closing costs will also include the title search fee paid by the County.
The approved successful bidder shall provide the information necessary to complete, and shall execute, the necessary forms and documents required for recording the deed in the County Clerk's Office.
- All sales shall be final, absolute, and without recourse, and in no event shall Albany County be or become liable for any defects in title or for any cause whatsoever, and no claim, demand, or suit of any nature shall exist in favor of the purchaser, their heirs, successors, or assigns, against Albany County arising from such sales.
- Since the County does not acquire title to personal property located upon a property when it is foreclosed upon for tax delinquency, personal property is not included in the sale and the disposition of personal property, if present, is solely the responsibility of the purchaser following the closing of the sale.
- Eviction of the occupants of a property, if any, is solely the responsibility of the purchaser following the closing of the sale.
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