Terms

Land Pro Auctions LLC Terms of Service for Our Online Auction Platform

Acceptance of Terms By using our online real estate auction service, you agree to comply with and be bound by the following terms. Please read these terms carefully. If you do not agree to these terms, you cannot use our online auction and other auction services.  This agreement is between you and Land Pro Auctions LLC and you are required to agree to all portions of these Terms of Service to use our auction bidding system.

·        Conditions of Sale This online only auction is absolute with no reserve and is a cash sale not contingent on or subject to financing, appraisal, survey, or inspections of any kind, as agreed to by bidders at registration prior to bidding and specified in the attached Agreement to Purchase Real Estate. Buyer acknowledges they are buying property “as-is”, “where-is”, without inspections or contingencies. Buyer(s) will rely on his/her own judgment and inspection. By signing an offer, Buyer(s) will be waiving the 10-day lead based paint test.  Seller has 24 hours upon closing of Auction to Accept, Reject or Counter any and all offers.

·        Closing Info The terms of each individual auction may be different.  Please take this into consideration when bidding. At the close of the auction, the successful Bidder will be emailed an Agreement to Purchase Contract to be executed and returned to Land Pro Auctions, LLC within twenty-four (24) hours of the completion of the auction along with 10% deposit of the total contract price. The entirety of the remaining balance is due at closing on or before Thirty (30) days from Auction Day. The purchaser (buyer) will be responsible for all wire transfers. Per the Contract, time is of the essence; you should proceed to closing within Thirty (30) days. Buyer(s) shall pay all closing costs. Possession shall be given to the successful Buyer(s) at closing.

·        Lead Based Paint Disclosure Buyers of any interest in residential real property with a residential dwelling built prior to 1978 are notified that such property may present exposure to lead from lead-based paint. The Seller(s) of such property is required to provide the Buyer(s) with any information on lead-based paint hazards from risk assessments or inspections while in the Seller(s) possession and notify the Buyer(s) of any unknown lead-based paint hazards. Any inspections and assessments for the presence of lead-based paint and/or hazards by a buyer(s) must be made prior to auction; otherwise, buyer(s) waives the 10-day opportunity to conduct such risk assessment/inspection and shall acknowledge receipt of lead-based paint disclosure form.

·        Restrictions Real Estate is sold subject to any and all existing legal matters of record, and all easements, building use or zoning laws and regulations. Taxes and assessments will be pro-rated to the closing date.

    Privacy Policy

  • Data Collection: We collect various types of data about users and their use of our site, including but not limited to personal identification information, bidding history, and site interaction patterns.
  • Recordkeeping: All actions within our system are recorded. This is necessary for recordkeeping purposes and allows for audits of sales as required.
  • Data Collection Techniques: We employ various techniques for data collection to enhance user experience and ensure regulatory compliance. 
  • Use of Cookies: In addition to the data collection methods previously described, our service utilizes “cookies” – files placed on your device – to enhance user experience. Cookies help us understand user preferences based on previous or current site activity, enabling us to provide improved services. We also use cookies to compile aggregate data about site traffic and site interactions.
  • Third-Party Cookies: In some cases, we may also use cookies provided by trusted third parties. These may include analytics cookies that allow us to track and understand how you use our site, which helps us to improve our services and your user experience.

Accuracy of Information and Verification

  • Provision of Accurate Information: All users must provide accurate, complete, and current information as requested during registration and bidding processes. This includes, but is not limited to, your legal name, address, phone number, and financial information. Providing false, misleading, or incomplete information is a breach of these Terms of Service and may result in immediate termination of your account and access to our services.
  • Verification Process: To ensure the integrity of our auctions, we may contact bidders by phone or other means to verify the information provided. This verification process is crucial to maintaining a secure and fair bidding environment.
  • Bidding Approval: Approval to bid in an auction is granted on a per-auction basis and is not automatic. Users must apply for bidding approval for each auction in which they wish to participate. To ensure sufficient time for the verification process, we request that users sign up at least 2 days in advance of the auction. Late registrations may not be approved in time for participation in the auction.
  • Consequences of Inaccurate Information: If at any point it is determined that a user has provided inaccurate or misleading information, we reserve the right to take appropriate actions, including but not limited to disqualification from current and future auctions, termination of the account, and legal action where necessary.
  • User Cooperation: Users are expected to cooperate fully with any verification inquiries or requests for additional information. Failure to comply with these requests may result in the denial of bidding privileges.

Access to Individual Auctions

  • Determination of Access: Access to individual auctions on our platform is determined by our auction staff. This includes auction managers, brokers, agents, and other authorized personnel. The decision to grant or deny access to any auction is at their sole discretion.
  • Criteria for Access: The criteria for allowing access to a particular auction may vary and are determined by the specific requirements of each auction. These criteria may include, but are not limited to, financial qualifications, compliance with previous auction rules, and the nature of the property being auctioned.
  • Denial or Removal of Access: Auction staff reserve the right to deny or remove access to any auction at any time. This action can be taken for reasons including, but not limited to, failure to comply with auction rules, providing inaccurate information, disruptive behavior, or any other reason deemed sufficient by the auction staff.
  • Notice of Decision: While we endeavor to notify users promptly of any decision regarding their access to an auction, there may be instances where immediate action is necessary without prior notice.
  • Appeal Process: Users may request a review of a decision to deny or remove access by contacting our customer support. However, the initial decision will remain in effect until the review process is complete.
  • User Responsibility: Users are responsible for ensuring they meet all the criteria for participation in an auction and for adhering to any instructions or guidelines provided by auction staff. Failure to do so may result in denial of access to current and future auctions.
  • Changes to Access Policy: We reserve the right to modify the criteria and process for auction access at any time. Any changes will be communicated through updates to these Terms of Service or through direct communication with users where applicable.

Bidding and the Binding Nature of Winning Bids

  • Legally Binding Bids: All winning bids made through our platform are legally binding. By placing a bid, you are making a contractual commitment to purchase the listed property at the price indicated in your bid if you are the winning bidder.
  • Precedence of Bids: Bids are accepted only in the order in which the software system receives them, regardless of source.  Every bid is tracked by time and only the first bid into the system for a specific amount will be advanced.  Auctions may have different sources of bids, including online bids made by the actual bidder using the software system, phone bids placed on behalf of a bidder on the phone by the auction clerk staff, or floor bids placed on behalf of a bidder physically present in the room by auction clerk staff.  Bids placed by auction staff on behalf of bidders are done so as best effort and are valid only at the time when the staff enters those bids in the system.  Bidders are encouraged to use online bidding for best performance and least delay.
    • Same Bids: Same bids, bids by two or more people that are of the same value, are resolved that the first bidder to place the bid (‘Precedence of Bids’, above) has their bid advanced.  
    • Max Bids: The ‘Max Bid’ system attempts to automatically place bids on a bidder’s behalf up to and including their ‘Max Bid Value’.   The Max Bid system is best effort and is subject to normal bidding requirements, such as bid/ask increments.  The bidder is the sole party responsible for the actions of the Max Bid system.
    • Bidding Increments: Ask increase increments are enforced by the software used to conduct the auctions and the staff/auctioneers.  Every auction’s ask increase increment is different and bids that do not meet the required bidding increment criteria may be rejected.
  • Multi-Parcel Auctions:  to bid in the Multi-Parcel Auction, you must proceed to the online auction. In the online auction site, you will need to bid on individual tracts of property, until combinations have been enabled towards the end of the auction timeframe. If you wish to bid on a combination of tracts, we suggest that you do not bid on individual tracts, because you can be placed in the lead on an individual tract of property at any time during the auction based on the bidding of the combination tracts.  You may temporarily be knocked out of the bidding on an individual tract but be put back as the top bid on that tract if a combination bid places you back in the lead on that tract.  Please check for announcements and notes from the software auctioneer in charge during the final simulcast auction timeframe.  Please wait until the announcement of the completion of the auction to determine your winning tracts.
  • Enforcement of Payment: In the event of a winning bid, we reserve the right to use any lawful means necessary to secure the purchase price from the user. This may include, but is not limited to, charging any registered payment methods, initiating legal proceedings, and employing collection agencies.
  • User Responsibility: It is the user’s responsibility to ensure that they have sufficient funds available to cover the total cost of any bid they place. Placing a bid without the intention or ability to fulfill the payment obligation is strictly prohibited and may result in legal action and permanent suspension from our platform.
  • Payment Terms: Specific payment terms, including deadlines, acceptable payment methods, and any related fees, will be communicated to the winning bidder following the close of the auction.
  • Consequences of Non-Payment: Failure to promptly fulfill the payment obligations of a winning bid may result in legal action, additional charges, and the forfeiture of the right to purchase the property. Delinquent payments will be additionally charged interest at the rate of the lesser of 18% per annum or the maximum amount allowable by law. Furthermore, non-payment may affect the user’s ability to participate in future auctions.
  • Attorney Fees: In the event that we must initiate legal action against you to enforce your payment obligations under this Section 5, you agree to pay our reasonable attorney fees, court costs, and other costs, expenses, and damages.

Accuracy of Online Experience

  • Portions of the online experience, especially those managed by auctioneers or staff, such as countdowns and timers, may not always be accurate. We endeavor to maintain precision but cannot guarantee the timeliness of these actions.
  • Tie bids, bids in which more than one person places the same value bid, will be resolved such that the first bidder to place that value bid as seen by the bidding system, auctioneer, or clerks, will have their bid advanced.  Tie bidders who are not first to bid the tie value are encouraged to bid again at a higher value to advance a new bid.

Data Storage and Security

  • Commitment to Security: We are committed to ensuring the security of user data. We take all reasonable precautions to safeguard the information collected through our platform, employing a variety of technical and organizational measures designed to protect data against unauthorized access, alteration, disclosure, or destruction.
  • Data Retention: Data is retained in compliance with the regulatory requirements of the state and country in which the auction takes place, as well as the jurisdiction in which our company is registered. This includes adherence to any applicable real estate and data protection laws.
  • Compliance with GDPR: In cases where any auction or user is based in a country governed by the General Data Protection Regulation (GDPR), we will adhere to the stringent data protection and privacy standards set by the GDPR.
  • Use of Data: We do not sell user data to external entities. However, user data may be accessed and used by our contractors, assignees, service providers, and other parties involved in the operation and maintenance of our services. This use is limited to purposes necessary for the provision of our services and is governed by strict confidentiality agreements.
  • Rights to Media Content: We do not assert any ownership or rights claims over media content provided to us by third parties. We assume that all media uploaded to our platform is done so with the rightful permission of the owner. The responsibility for securing appropriate rights and permissions for any media used on our site rests with the uploader.
  • Responsibility and Liability: While we strive to maintain the highest standards of data security, we cannot guarantee the absolute security of user data. In the unlikely event of a data breach, we will take appropriate measures to mitigate any potential harm and will communicate with affected users in accordance with legal requirements and best practices.

Cross-System Integration and Data Sharing

  • Integration with External Platforms: Our service may offer integration with external systems and platforms, such as Google Sign-In or Facebook, to streamline user experience and facilitate easy access. Utilizing these integrations is optional and provided for user convenience.
  • Sharing of Information: In cases where users choose to utilize these integrations, sharing of certain information between our platform and the external systems is necessary to enable these functionalities. This may include basic profile information, email address, and other data required for authentication and account synchronization.
  • Limitation of Data Sharing: We are committed to ensuring that the sharing of data with external platforms is limited strictly to what is necessary for the integration to function effectively. We do not share any additional information beyond what is required for the purpose of these integrations.
  • User Consent: By opting to use these integrated services, users provide their consent for the necessary data exchange between our platform and the external system. Users are encouraged to review the privacy policies of these external platforms to understand how their data is managed.
  • Data Security in Integrations: We take measures to ensure that data shared with external platforms is transmitted securely. However, the security and privacy practices of these external platforms are outside our control, and we encourage users to exercise caution and discretion when enabling these integrations.
  • Revocation of Access: Users have the option to revoke our access to their data on external platforms at any time through their settings on the respective platforms. Revoking access may affect the functionality of the integration on our service.

Client Access Hardware and Liability

  • Requirement of Client Hardware: Access and use of our service require client hardware, such as a computer or mobile device, with adequate capabilities to support online bidding activities. Users are responsible for ensuring that their hardware meets the necessary technical specifications for effective use of our service.
  • Hardware and Connectivity Issues: We are not liable for any failures, malfunctions, or inadequacies of client hardware or internet access. This includes, but is not limited to, hardware crashes, slow or unstable internet connections, and compatibility issues. It is the user’s responsibility to maintain and ensure the proper functioning of their equipment and internet connection.
  • Impact of Hardware Failure: In the event of hardware or connectivity issues on the user’s side, we are not responsible for any resulting inability to place bids, delayed bidding, or any unintended outcomes such as unintentionally winning an auction. Users must ensure a stable and reliable connection and hardware setup when participating in auctions.
  • Recommendations for Bidders: To minimize the risk of hardware or connectivity issues, we recommend that users:
    • Test their hardware and internet connection prior to participating in an auction.
    • Have a backup plan, such as an alternative device or internet connection, in case of unforeseen issues.
    • Familiarize themselves with the auction platform’s functionality well in advance of the auction.
  • No Liability for Technical Issues: We do not accept liability for any loss, damage, or inconvenience caused by user-side technical failures. This includes issues with bidding, viewing, or participating in auctions due to such failures.
  • User Acknowledgement: By using our service, users acknowledge and agree that they are aware of the risks associated with online bidding, including potential hardware and internet connectivity issues, and agree to hold us harmless for any related difficulties or losses.

Termination of Service We reserve the right to terminate your access to the service at any time, for any reason, including but not limited to the provision of false information. Termination may be without prior notice, and we may immediately deactivate or delete your account and all related information and files.

Indemnification Users agree to indemnify and hold harmless our service, its affiliates, officers, agents, employees, and partners from any claim or demand made by any third party due to or arising out of your actions, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

Changes to Terms of Service We reserve the right to modify these TOS at any time without prior notice. Your continued use of the service following the posting of any changes to these TOS constitutes acceptance of those changes.

Governing Law and Venue These terms will be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. The exclusive venue for any dispute arising out of these Terms of Service shall be the state or federal courts encompassing Morgan County, Indiana.

Agreement to Terms By using our service, you signify your agreement to these Terms of Service. If you do not agree to these terms, please do not use our service.