In order for cooperating brokers to be compensated, they must register their clients with the auction company before they or their clients bid, by emailing todd@bontragerauction.com or calling our office at 585-343-4529.

**Please note: Personal checks are not accepted for payment, according to the Terms of the Auction.

GENESEE COUNTY TERMS:
Genesee County will sell at Public On-Line Auction various parcels of real estate which have been conveyed to the County of Genesee by final judgment under the so-called "In Rem Tax Foreclosure Proceedings" . This sale is ordered by the Genesee County Legislature and is in accordance with the appropriate provisions of the Real Property Tax Law.

This sale and sale of each and every parcel herein is upon the following terms:

1. All sales are made subject to confirmation and approval thereof by the Genesee County Legislature.

2. A non-refundable deposit of twenty-five percent (25%) of the final bid price for each parcel shall be paid the day of the auction with a minimum deposit of $2,000.00 on any parcel. For any parcel selling for $2,000.00 or less, the full purchase price shall be due the day of the auction. Payment shall be made in cash or certified check (a bank draft made out to yourself).

3. There will be a ten percent (10%) buyer's premium added to the final bid price on each property. This then shall become your purchase price.

4. The balance of the successful and accepted bid for each parcel shall be paid in cash or by certified check to the Genesee County Treasurer within thirty (30) days of the Auction confirmation by the Genesee County Legislature. For closing information, call 585-344-2550, Ext. 2210. Should the Purchaser fail to close with the County by TBA , the Purchaser will forfeit the deposit and the sale.

5. Upon payment of the balance, as above provided, the County of Genesee will deliver a standard form Bargain and Sale Deed which shall describe the parcel in the same manner as in the In Rem Foreclosure Deed to the County and which shall convey all of the right, title and interest of the County of Genesee in and to the said parcel. The County of Genesee will execute no warranties concerning the parcel or the title thereto and will not deliver or be responsible for abstracts, title searches, surveys, maps or other documents concerning the parcel whatsoever.

6. The County of Genesee shall in no event be or become liable for any defect in the title so conveyed for any cause whatsoever, or that no claim or demand of any nature shall ever be made against said Genesee County arising from such sale or conveyance or any proceedings leading thereto.

7. The successful and confirmed Purchaser shall take the parcel "as is" upon delivery of the above stated deed, in such condition as the same exists at that date and subject to all alleged possessory or other claims and all covenants, easements and restrictions of record. Also, any outstanding or current water and sewer charges shall be the responsibility of the Purchaser to pay. The Purchaser shall be responsible to pay 7/12 of the January 2023 tax bill at closing to the County Treasurer. In addition, the Purchaser will be responsible for the upcoming village and school bills in full.

8. The various parcels have been available for external viewing by any and all interested parties prior to this sale. There will be no formal open house on any property. No adjournment in bidding shall be allowed for further viewing of any parcel. Bontrager Real Estate and Auction Service cannot provide admittance to any parcel lot for closer inspection.

9. The various parcels shall be offered from the list of parcels previously available in such order and manner as the Auctioneer shall deem proper.

10. The Legislature reserves the right to set minimum opening bids on any or all parcels to be auctioned at any time prior to the Auction. The minimum opening bid on any parcel shall be $300.00.

NOTICE: The information in this catalog/brochure has been obtained from reliable sources. However, the Auctioneer makes no warranty or guarantee, expressed or implied, as to the accuracy of the information herein obtained. All announcements from the auction block take precedence over any printed or advertised material. The Purchaser shall be responsible for obtaining any financing if needed.

It is understood that the Auctioneer is representing and acting as the agent for the Seller, but will deal honestly, fairly, and in good faith with any potential bidder/buyer.


BARGAIN AND SALE DEED DESCRIPTION
One form of deed that has some vogue from time to time is the Bargain and Sale deed. Seldom will a purchaser of land rely solely upon the warranty of the seller even though he is given a full covenant and warranty deed. Instead he tries to satisfy himself that the title is merchantable. In the process of searching and examining title, specific defects may be discovered which may not invalidate the title but which nevertheless raise questions about it. The grantee may demand special covenants against the consequences of one or more of these defects. On the other hand, a peculiar type of grantor may insist that the grantee satisfy himself as to the character of the title without receiving a guaranty against unforeseen defects. The grantor will merely turn over the title with perhaps special warranty on specific questions but without a full warranty. In either event, such a deed is called a "Bargain and Sale Deed'. The words used to express the commitments by the grantor are "sell, grant, convey and release."

Take from "Real Estate Principles" by Henry E. Hoagland

BONTRAGER REAL ESTATE & AUCTION SERVICE TERMS & CONDITIONS:
-CONTRACT: By bidding with our auction you are entering into a contract with our terms and conditions. You are accepting responsibility to perform your duties as winning bidder, and agreeing that Bontrager Real Estate & Auction Service, its employees, officers, owners, representatives, agents, and consignors will not be held liable for any losses, claims, liabilities, judgments, expenses, fees, or other damages arising from the use of our services, website, auction property, and this site, including property damage, injuries, dispute with another bidder, or breach by bidder of this site. Any liability to a purchaser will not exceed the purchase price actually paid. Failure of bidder to uphold the bidding agreement as described in the Auction Terms can result in suspension of bidding privileges at Bontrager Real Estate & Auction Service.
-LIABILITY: Bontrager Real Estate & Auction Service and its staff will not be held responsible or liable for any errors in absentee/left bids or phone bids, nor for the possible failure to execute any bids for any reason.
-INTERNET SERVICES: Bontrager Real Estate & Auction Service will not be held responsible for any interruption in internet service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. By bidding with our company you are accepting that this auction is conducted electronically and relies on hardware and software that may malfunction without warning.
-RIGHT TO SUSPEND PRIVILEGES: Bontrager Real Estate & Auction Service has the right to void any sale, suspend bidding, re-sell any item/lots for any reason with the approval of the Genesee County Treasurer.
-BUYER'S PREMIUM: All sales are subject to 10% Buyer's Premium, which is paid to Bontrager Real Estate & Auction Service.
-BID RETRACTION: Bids cannot be retracted once the auction begins.
-In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of New York, Genesee County.
-Failure to read or understand the terms and conditions of the auction does not exempt the bidder from following them.

Genesee County will sell at Public Online Auction 6 parcels of real estate which have been conveyed to the County by final judgment under tax foreclosure proceedings. This sale is ordered by the Genesee County Legislature and is in accordance with the appropriate provisions of the Real Property Tax Law. -----Read auction terms and conditions carefully. Most questions can be answered in the online catalog, but bidders can also call our auction office at 585-343-4529 with questions or concerns. Lot 1a of the catalog includes a 3 minute instructional video to assist bidders with setting up an online account and learning how to bid online. ----- Note from Bontrager's Auction: Welcome to the 2023 Genesee County Tax Foreclosed Property Online Auction. We would like to thank the County Legislature for giving us the opportunity to be of service. We also want to thank Scott German, County Treasurer, and his staff for all the help in putting this catalog together. Our staff is ready to assist bidders with any questions you may have concerning this auction. ~ Robert Todd Jantzi, Bontrager Real Estate & Auction Service