This User Agreement governs the relationships between the User (hereinafter "User," "You" "Your, or "Applicant"), RealAuction.com, L.L.C. (hereinafter "RealAuction") and the Clerk of Courts of Sarasota County, (hereinafter "Clerk"), concerning the online purchase of foreclosure property offered by the Clerk of Courts of Sarasota County. The term, "User," includes any individual or entity using this website, including, but not limited to, all bidders, property owners, Plaintiffs in any underlying foreclosure action, and their employees, agents, and legal representatives. Before using this site to access or change information about and/or to purchase or attempt to purchase real property, you must agree that you have read, understand and agree to be legally bound by the terms and conditions of this User Agreement by clicking on the "I Agree" button above.
1. License for Use of Information.
By completing the registration process and agreeing to the terms and conditions of this User Agreement, the User will be granted a non-exclusive license to access and use the information that appears on this website for the sole purpose of purchasing or attempting to purchase real property ordered to be sold by the court in foreclosure proceedings or other judicial sale or tax deed sale conducted pursuant to Florida Statutes, and offered for sale by the Clerk. This license is granted to the User personally and to the User’s employees and agents, and may not be transferred to any third party other than the Clerk and RealAuction. The software used to create and maintain the information is the sole and exclusive property of RealAuction, and neither the software nor the information presented by RealAuction may be used, altered, sold or distributed by the User in any way, without the express written consent of RealAuction.
2. User Representations and Warranties.
- User is solely responsible for the protection and use of User IDs and passwords obtained from RealAuction, and will notify RealAuction immediately in the event of theft or unauthorized use of User IDs and passwords.
- User agrees to all instructions for registration and participation in auctions and all bidding rules posted on the Web Site and agrees that said instructions and bidding rules are terms and conditions of this agreement and are made a part of this agreement.
- User acknowledges that all properties are sold “as is” and that User is solely responsible for performing any and all research necessary regarding the condition, marketability, existing or potential uses, title, or encumbrances or the existence of any condition, zoning regulation or law that may affect current or future use of the property, regarding any property and structures or fixtures thereon offered for sale by the Clerk and RealAuction.
- User warrants that he/she is of legal age to enter into binding contracts, and/or that he/she is legally authorized to act as agent on behalf of any employer or principal to whom a license for use of the information presented by RealAuction has been granted.
- User represents and warrants that all information provided by User to the Clerk and to RealAuction for the purpose of attempting to purchase real property offered for sale by the Clerk is truthful and accurate to the best of his/her knowledge. User agrees to make changes to any registration information provided by User as changes occur. Clerk and RealAuction are entitled to rely on User’s registration information as is provided for all transactions and notices unless and until changes are made by User.
- User will not violate any laws, regulations or rules of court in participating as a registrant or bidder in any auction or in the transfer of any funds required to register as a user or complete any sale. User will not engage in any process, practice or conduct that manipulates, influences or controls any auction including but not limited to collusion or agreements with other bidders or the use of any automated means, technology or devices such as robot, spiders, scrapers or to place bids or prevent others from placing bids.
- User acknowledges that all User registration records and records of sales are public records pursuant to Chapter 119, Florida statutes unless exempt as provided in Florida or Federal law.
- User agrees to abide by all terms and conditions contained herein and all instructions for registration and participation in auctions and all bidding rules on any other page or site connected with the sale of real property offered for by the clerk. Such terms and conditions include:
- Foreclosure Sales: Users shall deposit with the clerk, using such methods for payment as provided on the clerk’s web pages or site, no later than 72 hours prior to the commencement of a sale when made from the website or one hour prior to the sale when made in person at the clerk’s office, a good faith deposit in the sum equal to five percent (5%) of the maximum bid User intends to bid on the property. In addition to the amount of the winning bid, the successful bidding User shall also pay the winning bidder sale fee, all documentary stamp taxes due on the sale of the property and a court registry fee equal to three percent (3%) of the first five hundred dollars ($ 500.00) of the sale price, plus one-and-one-half percent (1.5%) for each subsequent one hundred dollars ($ 100.00) of the remainder of the sale price, pursuant to Section 28.24, Florida Statutes, or as otherwise provided for therein. If User is determined to be the successful bidder of a foreclosure sale property, User shall pay all sums due by 4:00 p.m. on the day of the sale.
- Tax Deed Sales: Users shall deposit with the clerk, using such methods for payment as provided on the clerk’s web pages or site, no later than 72 hours prior to the commencement of a sale when made from the website or one hour prior to the sale when made in person at the clerk’s office, a good faith deposit in the sum the sum of $200.00. In addition to the amount of the winning bid, the successful bidding User shall also pay all documentary stamps taxes due on the sale of the property and recording fees. If User is determined to be the successful bidder of a tax deed property, User shall pay all sums due within 24 hours of the sale date and time, excluding weekends and holidays.
- Settlement of Sums Due: User who is determined to be the successful bidder on any property may not cancel the purchase. Any successful bidder in a sale of a foreclosed property who fails to pay all sums due on or before 4 p.m. of the sale date shall forfeit any deposits paid to or debited from the bidder’s bank account by the Clerk. Any successful bidder in a sale of a tax deed property who fails to pay all sums due within 24 hours of the sale date and time, excluding weekends and holidays, shall forfeit any deposits paid to or debited from the bidder’s bank account by the Clerk. Final settlement and transfer of title to the successful bidder will not occur until all transactions have cleared.
- Sale Changes/Cancellations: User acknowledges that the Clerk reserves the right to correct, revise, add to, delete and/or modify any information regarding any property being offered for sale, and may cancel the sale of any property at any time, including after the bidding has been completed. User further acknowledges that there is no guarantee that any given property offered for sale by the Clerk will actually be sold by the Clerk. User acknowledges that all sales are subject to cancellation by the clerk or court order or by any action the occurrence of which requires cancellation prior to auction due to operation of law, regulation or court rule, such as the filing of bankruptcy proceedings, owner Satisfaction of judgment (in foreclosure sales), owner redemption (in tax deed sales), etc. User further acknowledges that sales of properties pursuant to foreclosure judgment may be set aside as a result of stays due to the filing of bankruptcy proceedings, orders of the court, or appellate proceedings. User further acknowledges that properties sold pursuant to application for tax deed sale are subject may be set aside by owner redemption, stays due to the filing of a bankruptcy proceedings or court order.
- Refunds: Upon request of the User, through methods set forth on the website or in writing, good faith deposits held by the Clerk will be refunded to User within ten days of receipt of the request for the same.
3. The Clerk’s and RealAuction’s Disclaimer and Limitation of Liability and Disclaimer of Warranties.
- ALL INFORMATION PROVIDED BY THE CLERK AND BY REALAUCTION IS BELIEVED TO BE CORRECT AND ACCURATE WHEN POSTED. PLAINTIFFS, THEIR EMPLOYEES, AGENTS AND LEGAL REPRESENTATIVES ARE SOLELY RESPONSIBLE FOR REVIEWING ALL INFORMATION POSTED, TO MAKE CHANGES WHERE AUTHORIZED, AND TO NOTIFY THE CLERK AND REALAUCTION OF ANY REQUESTED CHANGES TO INFORMATION WHICH MAY BE MADE ONLY BY THE CLERK AND/OR REALAUCTION.
- THE CLERK AND REALAUCTION MAKE NO WARRANTIES OR REPRESENTATION ABOUT THE CONDITION, MARKETABILITY, EXISTING OR POTENTIAL USES, TITLE, OUTSTANDING LIENS, MORTGAGES OR OTHER ENCUMBRANCES, ZONING REGULATIONS OR LAWS THAT MAY AFFECT CURRENT OR FUTURE USES OF THE PROPERTY, OR EXISTENCE OF ANY CONDITIONS REGARDING ANY PROPERTY AND STRUCTURES OR FIXTURES THEREON OFFERED FOR SALE BY THE CLERK. The Clerk and Realauction make no express or implied warranty regarding any property offered for sale by the Clerk. The Clerk and Realauction disclaim any warranty of merchantability or fitness for a particular purpose. It is the sole responsibility of the bidder to perform any and all research necessary regarding the condition, marketability, use of, and current state of the title to any property offered for sale by the Clerk.
- User agrees that (1) the maximum liability of the Clerk and/or RealAuction shall be limited to the amount of deposit or down payment, sales price and/or additional fees actually paid to the Clerk by User at any time during the process of attempting to purchase real property offered for sale by the Clerk; and (2) the Clerk and RealAuction shall not be liable for consequential damages of any kind, including, but not limited to, any anticipated return of or on investment in any form.
- The Clerk and RealAuction disclaim any warranty that the website and information presented on it are free of viruses or other forms of malicious code. Neither RealAuction nor the Clerk shall be liable for any loss or damage resulting from voluntary shutdown of the Web Site by RealAuction to address computer viruses, denial-of-service attacks, or other similar problems. Neither RealAuction nor the Clerk shall be liable for any damage to User's property alleged to have resulted from User's use of the website.
- Neither the Clerk nor RealAuction shall be liable for any loss resulting from a cause over which Clerk and/or RealAuction do not have direct and exclusive control, including but not limited to problems concerning the Internet; unauthorized interception of email; computer and communications equipment and software; malicious and/or criminal acts of unauthorized users and other third parties; acts of war, terrorism, insurrection or revolution; acts of God; or any similar event.
- Neither the Clerk nor RealAuction shall be liable for interruptions to access of information or for suspensions in the foreclosure sale process caused by website maintenance or the need to alter and update information provided by the Clerk. Such interruptions and suspensions will occur at the sole discretion of the Clerk and RealAuction.
- In the event of technical issues resulting in a scheduled auction being unavailable, it is the responsibility of the bidder to check the website (www.sarasota.realforeclose.com) periodically for any change in the status. Unless otherwise posted, auctions will resume one (1) hour after system access is restored and a message will be displayed on the website informing participants of the updated sale start time.
4. Termination/Exclusion of Use.
- The Clerk and RealAuction maintain the right to terminate this User Agreement and to revoke the license granted to User in the event User breaches this User Agreement or fails to meet his/her obligations under this User Agreement.
- The Clerk may exclude User from the foreclosure sale process and from access to the website if User fails to pay any sums due as a result of pre-sale registration or sales or any clerk’s fees or fails to provide information required by the Clerk, including, but not limited to, drivers license number, state ID, tax identification information or email addresses.
- Except with the prior written approval of Realauction, User agrees not to use any software, program, application or any other device to (a) access or log on to the Web Site; (b) automate any process or function available on the Web Site; (c) transfer or transmit any information or functionality; (d) submit or modify bids; or (e) automate functions that normally require a mouse-click. User agrees not to use, without limitation, any "robot," "spider," or other device or utility to monitor or copy any pages of the Web Site or any content or information accessible through this Site. User agrees not to use any device, software or routine to interfere with proper operations of the Web Site. Users should be forewarned that it may be hazardous to attempt bid submission using custom-built software devices that are designed to work with certain web pages of the Web Site, particularly when based on a version of the HTML or GUI in use at any point prior to the sale. Users may employ applications commonly known as web browser software; provided, however, that the browser software is not capable of performing the functions or processes described and prohibited herein.
User agrees to defend, indemnify and hold both the Clerk and RealAuction harmless against all claims by third parties for damages arising from the use of the license and information in the process of attempting to purchase real property offered by the Clerk, including all claims alleging that the Clerk or RealAuction was solely negligent for those damages.
6. Governing Law/Venue/Jurisdiction.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its choice of law provisions. Exclusive venue for any litigation arising under this User Agreement shall be in the state and/or federal courts of Sarasota County, Florida. User agrees to submit to the personal jurisdiction of the state and/or federal courts of Sarasota County, Florida.
This Agreement may not be assigned by User without the prior written consent of both the Clerk and RealAuction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
8. Entire Agreement/Severability.
This Agreement contains the entire agreement between the parties. In the event any one or more of the provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
This User Agreement may be amended at any time by the Clerk or RealAuction, through a written or electronic notice to users. User will be required to agree to any such amendment(s) to this User Agreement as a condition of future access and use when such amendments are posted on the website, and failure to agree to such amendments will terminate this User Agreement and may exclude User from using the website and/or participating in the auction of real property offered for sale by the Clerk.
BUYERS BEWARE - When you purchase real or personal property, YOU take FULL RESPONSIBILITY for researching ALL aspects of the property. LIENS, EMCUMBRANCES or other conditions may affect the current or future use of the property offered at public sale. PROCEED WITH CAUTION. If you are unfamiliar with the legal issues you may wish to consult an attorney.
By using this web site, you have read, understand and agree to be legally bound by the terms and conditions of this User Agreement and any amendments thereto made and noticed in accordance with this section.
I have read, understand and agree to be legally bound by the terms and conditions of this User Agreement.