TO PARTICIPATE AND BID IN THIS AUCTION, ALL BIDDERS MUST COMPLETE THE FOLLOWING.
- Contact our office for verification – 320-843-3003 or 320-808-8947
- Online registration – (Name, Address, Phone Number, Email Address and Valid Credit Card)
- Provide a letter of certification of funds for this auction. NO DOLLAR amount is needed just auction name on bank letter head.
Please submit the letter to Aaron at aaron@zielsdorfauctions.com.
Zielsdorf Auction will approve your right to bid after everything has been completed.
Zielsdorf Auctions website is open and free to the public to view without registration but to bid you must complete the above steps.
100.84 TOTAL SURVEYED ACRES - - Big Stone County - Odessa Township - PID # 10-0100-000 -- Section 16 - Township 121 - Range 45
TERMS & CONDITIONS
The following terms and conditions apply to every auction posted on the Zielsdorf Auction and Real Estate Services website. By placing a bid on this website, bidders acknowledge their receipt and acceptance of these terms and conditions, and acknowledge that they are entering into a legal and binding contract.
TO PARTICIPATE AND BID IN THIS AUCTION, ALL BIDDERS MUST COMPLETE THE FOLLOWING.
- Contact our office for verification – 320-843-3003 or 320-808-8947
- Online registration – (Name, Address, Phone Number, Email Address and Valid Credit Card)
- Provide a letter of certification of funds for this auction. NO DOLLAR amount is needed just auction name on bank letter head.
Please submit the letter to Aaron at aaron@zielsdorfauctions.com.
Zielsdorf Auction will approve your right to bid after everything has been completed.
Zielsdorf Auctions website is open and free to the public to view without registration but to bid you must complete the above steps.
1. Payment
Down payment is due on the day of auction closing. All other payments are due according to the stated time in the auction.
Signing of contracts will take place in person at Zielsdorf Auction Facility or via email and electronic document signatures.
Acceptable forms of payment are Bank Wire Transfer or Check.
2. Agency
Zielsdorf Auction and Real Estate Services and its employees act as agents for sellers. Unless otherwise noted in specific auction terms, all auctions are with reserves. The reserve amount is undisclosed unless advertised otherwise as “absolute”. Auctioneers, at their discretion, may place a reserve bid on behalf of the seller. All final bids are subject to confirmation by seller. Bid status will be given to top bidder only. All information provided by Zielsdorf Auction and Real Estate Services is deemed correct, but Zielsdorf Auction and Real Estate Services does not give any warranty, express or implied, as to any item being sold. Bidders agree to purchase and accept items or real estate in an as-is condition. Bidders agree to hold Zielsdorf Auction and Real Estate Services, its employees and agents harmless for any errors or omissions regarding online auction items or real estate.
3. Inspection
Bidder acknowledges that bidder has the right to inspect any item or real estate. By bidding on an item, bidder agrees to accept the item in its present condition at its present location.
4. Auction Close
Online auctions will close on the date and time listed. Lots will remain open until no bids have been received for 6 minutes. Upon accepted bid of an item, that item shall immediately become bidder’s responsibility and be at bidder’s risk. Zielsdorf Auction and Real Estate Services is not responsible for lost, stolen or damaged items and will not reimburse or discount items for any loss. Buyers are responsible for any and all costs incurred for shipping or transport of items. Buyers agree to remit payment and remove property according to the terms stated in the auction.
5. Default
Bids may not be canceled or retracted for any reason. Nonpayment or fraud by bidders will be subject to applicable legal recourse including civil and criminal proceedings.
6. Technology
Zielsdorf Auction and Real Estate Services does not guarantee that bids placed online will be transmitted to or received by the auctioneer in a timely fashion. Bidders agree to hold Zielsdorf Auction and Real Estate Services and its employees harmless from any interruptions in online bidding. Zielsdorf Auction and Real Estate Services may suspend, postpone, or cancel any internet auction due to technological difficulties, at its discretion.
7. Bid Acceptance
Zielsdorf Auction and Real Estate Services reserves the right to accept or refuse any bid, at its discretion. Zielsdorf Auction and Real Estate Services reserves the right to modify any of these terms and conditions at any time, with or without notice.
8. AGENCY RELATIONSHIPS IN
REAL ESTATE TRANSACTIONS
2. MINNESOTA LAW REQUIRES that early in any relationship, real estate brokers or salespersons discuss with
3. consumers what type of agency representation or relationship they desire.(1) The available options are listed below. This
4. is not a contract. This is an agency disclosure form only. If you desire representation you must enter into a
5. written contract, according to state law (a listing contract or a buyer/tenant representation contract). Until such time
6. as you choose to enter into a written contract for representation, you will be treated as a customer and will not receive
7. any representation from the broker or salesperson. The broker or salesperson will be acting as a Facilitator (see
8. paragraph IV on page two (2)), unless the broker or salesperson is representing another party, as described below.
9. ACKNOWLEDGMENT: I/We acknowledge that I/we have been presented with the below-described options.
10. I/We understand that until I/we have signed a representation contract, I/we am/are not represented by the
11. broker/salesperson. I/We understand that written consent is required for a dual agency relationship.
12. THIS IS A DISCLOSURE ONLY, NOT A CONTRACT FOR REPRESENTATION.
13.
14. I. Seller’s/Landlord’s Broker: A broker who lists a property, or a salesperson who is licensed to the listing broker,
15. represents the Seller/Landlord and acts on behalf of the Seller/Landlord. A Seller’s/Landlord’s broker owes to
16. the Seller/Landlord the fiduciary duties described on page two (2).(2) The broker must also disclose to the Buyer
17. material facts as defined in MN Statute 82.68, Subd. 3, of which the broker is aware that could adversely and
18. significantly affect the Buyer’s use or enjoyment of the property. (MN Statute 82.68, Subd. 3 does not apply to
19. rental/lease transactions.) If a broker or salesperson working with a Buyer/Tenant as a customer is representing the
20. Seller/Landlord, he or she must act in the Seller’s/Landlord’s best interest and must tell the Seller/Landlord any
21. information disclosed to him or her, except confidential information acquired in a facilitator relationship (see paragraph
22. IV on page two (2)). In that case, the Buyer/Tenant will not be represented and will not receive advice and counsel
23. from the broker or salesperson.
24. II. Buyer’s/Tenant’s Broker: A Buyer/Tenant may enter into an agreement for the broker or salesperson to represent
25. and act on behalf of the Buyer/Tenant. The broker may represent the Buyer/Tenant only, and not the Seller/Landlord,
26. even if he or she is being paid in whole or in part by the Seller/Landlord. A Buyer’s/Tenant’s broker owes to the
27. Buyer/Tenant the fiduciary duties described on page two (2).(2) The broker must disclose to the Buyer material facts
28. as defined in MN Statute 82.68, Subd. 3, of which the broker is aware that could adversely and significantly affect
29. the Buyer’s use or enjoyment of the property. (MN Statute 82.68, Subd. 3 does not apply to rental/lease transactions.)
30. If a broker or salesperson working with a Seller/Landlord as a customer is representing the Buyer/Tenant, he or
31. she must act in the Buyer’s/Tenant’s best interest and must tell the Buyer/Tenant any information disclosed to him
32. or her, except confidential information acquired in a facilitator relationship (see paragraph IV on page two (2)). In
33. that case, the Seller/Landlord will not be represented and will not receive advice and counsel from the broker or
34. salesperson.
35. III. Dual Agency - Broker Representing both Seller/Landlord and Buyer/Tenant: Dual agency occurs when one
36. broker or salesperson represents both parties to a transaction, or when two salespersons licensed to the same
37. broker each represent a party to the transaction. Dual agency requires the informed consent of all parties, and
38. means that the broker and salesperson owe the same duties to the Seller/Landlord and the Buyer/Tenant. This
39. role limits the level of representation the broker and salesperson can provide, and prohibits them from acting
40. exclusively for either party. In a dual agency, confidential information about price, terms and motivation for pursuing
41. a transaction will be kept confidential unless one party instructs the broker or salesperson in writing to disclose
42. specific information about him or her. Other information will be shared. Dual agents may not advocate for one party
43. to the detriment of the other.(3)
44. Within the limitations described above, dual agents owe to both Seller/Landlord and Buyer/Tenant the fiduciary
45. duties described below.(2) Dual agents must disclose to Buyers material facts as defined in MN Statute 82.68, Subd.
46. 3, of which the broker is aware that could adversely and significantly affect the Buyer’s use or enjoyment of the
47. property. (MN Statute 82.68, Subd. 3 does not apply to rental/lease transactions.)
49. IV. Facilitator: A broker or salesperson who performs services for a Buyer/Tenant, a Seller/Landlord or both but
50. does not represent either in a fiduciary capacity as a Buyer’s/Tenant’s Broker, Seller’s/Landlord’s Broker or Dual
51. Agent. THE FACILITATOR BROKER OR SALESPERSON DOES NOT OWE ANY PARTY ANY OF THE FIDUCIARY
52. DUTIES LISTED BELOW, EXCEPT CONFIDENTIALITY, UNLESS THOSE DUTIES ARE INCLUDED IN A
53. WRITTEN FACILITATOR SERVICES AGREEMENT. The facilitator broker or salesperson owes the duty of
54. confidentiality to the party but owes no other duty to the party except those duties required by law or contained in
55. a written facilitator services agreement, if any. In the event a facilitator broker or salesperson working with a Buyer/
56. Tenant shows a property listed by the facilitator broker or salesperson, then the facilitator broker or salesperson
57. must act as a Seller’s/Landlord’s Broker (see paragraph I on page one (1)). In the event a facilitator broker or
58. salesperson, working with a Seller/Landlord, accepts a showing of the property by a Buyer/Tenant being represented
59. by the facilitator broker or salesperson, then the facilitator broker or salesperson must act as a Buyer’s/Tenant’s
60. Broker (see paragraph II on page one (1)).
61. (1) This disclosure is required by law in any transaction involving property occupied or intended to be occupied by
62. one to four families as their residence.
63. (2) The fiduciary duties mentioned above are listed below and have the following meanings:
64. Loyalty - broker/salesperson will act only in client(s)’ best interest.
65. Obedience - broker/salesperson will carry out all client(s)’ lawful instructions.
66. Disclosure - broker/salesperson will disclose to client(s) all material facts of which broker/salesperson has knowledge
67. which might reasonably affect the client(s)’ use and enjoyment of the property.
68. Confidentiality - broker/salesperson will keep client(s)’ confidences unless required by law to disclose specific
69. information (such as disclosure of material facts to Buyers).
70. Reasonable Care - broker/salesperson will use reasonable care in performing duties as an agent.
71. Accounting - broker/salesperson will account to client(s) for all client(s)’ money and property received as agent.
72. (3) If Seller(s)/Landlord(s) elect(s) not to agree to a dual agency relationship, Seller(s)/Landlord(s) may give up the
73. opportunity to sell/lease the property to Buyer(s)/Tenant(s) represented by the broker/salesperson. If Buyer(s)/
74. Tenant(s) elect(s) not to agree to a dual agency relationship, Buyer(s)/Tenant(s) may give up the opportunity to
75. purchase/lease properties listed by the broker.
76. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender
77. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be
78. obtained by contacting the local law enforcement offices in the community where the property is located,
79. or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections Web site at
80. www.corr.state.mn.us.
