Important Information
Harrison Auction and Realtor is having a Fall Consignment Online Auction if you would like to list any items please contact us to get your items listed.
Terms and Conditions
Bidding on and buying auction assets on www.harrisonauctionrealtor.com and its affiliated websites are subject to the series of obligations and rules below.
• The Terms of Website Use for this site.
• The auction-specific terms and conditions unique to each auction, which are represented on
the auction details page for each auction on this site.
• The following general auction terms and conditions.
For Property Auctions:
Bidding Online via Proxibid: A $10.00 authorization fee is required to obtain a bid number.
1. A Buyer’s Premium (Aka Internet Premium) will be added to the final bid to obtain the Total Purchase price.
2. Upon being announced “sold” by the Auctioneer, 10% of the Total Purchase price (Bid plus the Buyer’s Premium) is due from the Purchaser will be immediately charged to a valid credit card (Visa, MasterCard, Discover or AMEX) If other arrangements have not been made. The balance of said 1st payment is to be received in three Business days of Auction date with Cash, Check or Certified Funds at the address below.
3. An Additional 10% of the Total Purchase price is to be received at the address below, no later than five business days of Auction date, with Cash, Check or Certified Funds.
4.Harrison Auction and Realtor will send the Purchase Contract, Bidder’s Certification and all required Addendums and Disclosures via DocuSign for the Purchasers electronic signature and should executed upon receipt. Upon completion, a copy will automatically be returned to the sender. Harrison Auction and Realtor will forward copies to the Seller and Buyer. Balance is due upon Closing in or about 30-60 days. Transfer of Title by Bargain & Sale Deed upon Town approval. Buyer and Seller will have additional Closing Cost at the day of closing.
5. I acknowledge that I have read and agree to the items listed on the Bidder Certification Form which I will sign and will be returned with the Purchase Contract, Disclosures and Addendums which will be sent via DocuSign.
6. Harrison Auction and Realtor and/or Seller may refuse a buyer's number to anyone for any reason. Bidder agrees to provide any identification Harrison Auction and Realtor and/or Seller may request including but not limited to driver's license, photocopies of credit cards, Social Security card or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
7. Buyers Premium will be added to highest bid to determine contract sales price, 10% of acceptable bid will be required within 24 hours by Personal, business or cashier's check as non-refundable earnest Money,
Buyers will be required to sign purchase agreement within 24 hours of sale ending Balance due at closing 45 days or less from date of auction, sellers retain right to do closing with their attorney or title company of their choice, should any surveys be required it will be at buyers' expense and to be done in a timely manner to avoid any delay past the 45-day closing date. Any and all prospective buyers are admonished to conduct their own financial arrangements prior to auction date, there will be no contingencies on inspections or any other thing, property sells as is where is with any and all records of available to potential buyers doing their own due diligence.
seller will provide warranty title to property at closing.
Possession at closing.
8. All active military members must contact Land of Land, Inc. prior to bidding. (Thank you for your service!).
Taxes will be prorated to closing.
*Remit contract and payment to:
Harrison Auction and Realtor
25009 County Road 1240
Gracemont, OK 73042
ALL LOTS ARE SOLD AS-IS, WHERE IS
HARRISON AUCITON AND REALTOR AND THE SELLER FURNISH ALL AUCTION ASSETS TO BUYERS AS IS, WITHOUT WARRANTY OF ANY KIND. HARRISON AUCITON AND REALTOR AND SELLER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
Participation Requirements: Valid Credit Card required for bidding approval. Payment Options: VISA MASTERCARD AMERICAN EXPRESS with a 4% credit card convenience fee. Minimum of $4.00 convenience fee. Minimum of $5.00 total charge. Wire transfer payment fee $25.00.
All payments must be made prior to pick up.
Payment Instructions: Email invoices will be sent after the auction has been reconciled. Reconciliation is typically complete within a few hours of the completion of the auction, however, in some cases it is not complete until the following business morning. Immediately after sending the invoices the entire balance due will be charged to your credit card. If your card is declined, we will reach out to you for alternative payment.
If you fail to pay, we will report you to Proxibid for non-payment and you will be black flagged and automatically declined from participating in our future auctions and possibly all Proxibid auctions. Currency Type: USD Shipping Instructions: Shipping/Trucking is NOT automatically available for online purchases.
Assets are sold in their actual current condition, with all faults and defects, and with all errors of description. Harrison Auction and Realtor liability to a purchaser will never exceed the purchase price actually paid for an asset.
Bidders accept all auction assets with all faults, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction assets.
Bidders are strongly advised by Harrison Auction and Realtor to take care to satisfy all questions or concerns about the auction process, bidding process or auction assets before placing a bid. Inspection and contact information for the seller of every asset is posted in the item details for that asset.
Buyers are responsible for the cost of auction asset mobilization, disassembly, rigging, transport, insurance and all other costs related to physical transfer of auction assets from their location at the time auction bidding ends.
Harrison Auction and Realtor will not be responsible for any errors, omissions, additions or deletions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself.
Bidder agrees that everything is sold as is and that they may not return any item they purchase.
If the pictures displayed with descriptions do not appear to match, contact harrisonauctionrealtor@gmail.com or call 405-779-5792 to report the auction date and item number.
Under no circumstances shall bidder have any kind of claim against Harrison Auction and Realtor or anyone else if the internet service fails to work correctly before or during the live auction.
ABANDONED ASSET POLICY
Harrison Auction and Realtor may declare an asset abandoned when a buyer fails to make full payment by the stated payment deadline or when a buyer fails to remove an asset from the auction site by the stated removal deadline. When Harrison Auction and Realtor declares an asset abandoned, it may take the following steps in its sole discretion:
• Harrison Auction and Realtor may resell the asset in an upcoming auction on the buyer’s behalf for an additional administrative fee of 20% of the original invoice price (minimum $1,000 fee) and account for the resale as follows:
o Net proceeds, if any, will be released to the buyer, calculated as the resale bid price collected plus any amounts paid by the buyer against the original invoice, less all administrative and storage fees accrued;
o If the resale bid price collected plus amounts paid by the buyer against the original invoice are insufficient to cover the buyer's administrative and storage fees accrued, the deficiency will continue to be owed by the buyer, and Harrison Auction and Realtor and the seller will retain all legal remedies to obtain that deficiency.
o Net proceeds may be retained and used by Harrison Auction and Realtor to offset any amounts owed by the buyer related to other past or pending purchases or sales of assets by the buyer or a related party.
• Where the original invoice price is $2,000, Harrison Auction and Realtor may allow the seller to retain or dispose of the asset, declare the buyer’s rights to the asset immediately terminated, and retain all payments by buyer as liquidated damages.
Always Bring Help to Loadout your Purchases. Any abandoned items will be removed at buyers' expense and charged to their credit card on file without recourse. All items must be removed within the removal period.
Where an asset is declared abandoned under this policy after the buyer has been issued a certificate of title, the buyer agrees Harrison Auction and Realtor and its administrative personnel are appointed as buyer’s true and lawful attorney-in-fact to apply for a Certificate of Title and/or Registration upon and/or endorse and transfer title for the asset(s) in issue and, by acknowledging these terms and conditions, the buyer swears or affirms that this appointment is true and correct.
ABSENTEE BIDS
While Harrison Auction and Realtor will make every effort to assist bidders, we do not accept absentee bids. Please utilize the maximum bid feature.
BID RESCISSION AND REJECTION
Harrison Auction and Realtor reserves the right to rescind or reject any and all bids.
BID RETRACTION
Retractions will be assessed individually upon request.
SALES TAX
All sales are subject to appropriate state sales tax laws. Winning bidders have the burden of proving their exemption from sales taxes to Harrison Auction and Realtor. Sales tax will be automatically calculated at the time of checkout based on a variety of factors including State, City & County jurisdiction requirements, shipping to address, shipping from address and category of item purchased Participation Requirements: Valid Credit Card required for bidding approval
ASSET TRANSFER AND RISK OF LOSS POST-AUCTION
Assets will not be released to buyers until full payment to Harrison Auction and Realtor has been received and funds confirmed. An auction asset becomes the full responsibility of the buyer at the close of bidding on that asset, and the buyer immediately assumes all risk of loss and damage to the asset.
AUCTIONEER’S DISCRETION
Harrison Auction and Realtor has full discretion to modify the date and time, order, and details of the sale of any asset or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Harrison Auction and Realtor or the seller.
CHOICE OF LAW AND VENUE; WAIVER
In any matters in which Harrison Auction and Realtor and/or any of its employees, officers, directors, shareholders, agents or assigns is made a party, the law of the State of Oklahoma shall apply, without regard to its law pertaining to conflict of laws, and any dispute shall be decided in the courts of Canadian County, Oklahoma. All claimants consent to the personal jurisdiction of those courts. Auctioneer may waive any provision of these Terms and Conditions, but only in writing. No such waiver shall effect any other provisions of these Terms and Conditions, nor shall it amount to a permanent waiver of that particular provision.
At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. While Proxibid's Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder. This auction company has requested and been granted access to see all bids placed including any maximum pre-bids. This auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
IF A WINNING BIDDER FAILS TO MAKE THE PAYMENT DUE IN THE STIPULATED TIME FRAME, BIDDER CONSENTS TO GRANT TO AUCTIONEER ONE-THIRD OF THE PAYMENT DUE (INVOICE AMOUNT PLUS ANY AMOUNT BEING FINANCED BY AUCTIONEER) AS LIQUIDATED DAMAGES OR SPECIFIC ENFORCEMENT, PLUS 150% OF AUCTIONEER’S LEGAL AND COLLECTION COSTS. UNLESS OTHERWISE SPECIFIED, TAXES OR FEES WHICH MAY BE OWED ON ANY PROPERTY IN THE AUCTION ARE THE RESPONSIBILITY OF THE BUYER.
NO CREDIT CARD CHARGEBACKS: Each Bidder agrees to NOT, under any circumstances, initiate a credit card chargeback with respect to any charges. Bidder further agrees that if Bidder initiates a credit card chargeback, upon Auctioneer’s demand (1) Bidder shall withdraw such credit card chargeback and request the credit card issuer to re-credit all amounts to the account of the Auctioneer; and (2) Bidder shall be responsible for all costs and expenses, including but not limited to any attorney fees incurred by or on behalf of the Auctioneer, in challenging the credit card chargeback.
BIDDER’S RESPONSIBILITY: Each bid is an irrevocable offer to purchase the assets included in the Auction Lot. Bidders are responsible for all bids made using the Bidder’s account and Bidder Number. If Bidder believes that an unauthorized person has placed a bid on the Bidder’s account, Bidder must notify the Auctioneer immediately by sending an e-mail to info.harrisonauctionrealtor@gmail.com. Bidders must also promptly report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report; otherwise, Bidder will be held personally responsible for all purchases.
