TERMS & CONDITIONS OF CONSIGNMENT – PRIVATE EXCHANGE
I hereby agree & acknowledge the terms and conditions of the sale.
This confirms our agreement for you (the "Consignor") to consign your personal property, and or real property, exclusive until sold with the Auctioneer (AC), for sale in a Live Public Auction, Private Sale, or by Online Auction. All Property accepted shall be referred to in this agreement as "Property." The Property will be offered for sale subject to the following terms, our General Terms and Conditions of Sale, which are posted on our website with each auction catalog, found on RealEstateAdvertiserCanada.com.
CONSIGNMENT AGREED ‘PRIVATE EXCHANGE FOR SALE BY OWNER & AUCTIONS SALE/RENT/LEASE’: including all types of Auctions: You, as the Consignor, grant (AC) the exclusive right to sell all real property and personal property to be sold by ‘PRIVATE EXCHANGE’ private sale marketing. You, as the Consignor, agree and warrant to us and to the purchaser that you are the sole owner of the real property; personal property you are consigning and that you have the right to consign the real property; personal property for sale; that the real property; personal property is currently and through the sale kept, free and clear of all liens, claims and encumbrances of others; that good title to and right to possession of the ownership/title will pass to the purchaser free of all liens, claims and encumbrances and that all the real property; personal property is authentic. All real property; personal property will be sold to the high bidder, unless an Auction Price Reserve was not met or a minimum bid was not achieved.
Proof of OWNERSHIP / INSURANCE (mandatory): The Consignor is responsible for property insurance only while your items are in (AC)'s possession. We do not offer property insurance. By signing this agreement, you release the Auctioneer; AuctionsCanada.com, its partners; auctioneers, staff, sub contractor’s from liability for any damages caused by any event, including theft, negligence, accident, fire, water, wind or other acts of nature or God which may lead to the destruction or inability of any item to be sold at auction, and you release the Auctioneer; AuctionsCanada.com, its partners; auctioneers, staff, sub contractor’s from any claims arising from any pre-sale estimate or monetary evaluation. (AC) does not offer legally binding appraisals or guarantee a selling price of any Property.
PROTECTION AND ACCESSIBILITY OF CONSIGNMENTS: For all Auctions not secured at our Location, the Consignor is responsible for safe access and control of consignments at all times. All doors, windows, and entry points must be locked and safely secured to prevent any loss or damage to the property while it remains live for bidding and sale. The Consignor agrees to make the consignments available to (AC) during normal business hours so that they may perform their work. The Consignor has no authority to require (AC) to conduct open houses or show requests to view the item(s) for sale; this is the total responsibility of the seller.
SALE SCHEDULING: (AC) reserves the right to determine in our sole discretion the date or dates of an auction and the manner of conducting the Sale. All Property consigned for auction is currently scheduled to be held on or within 14 DAYS – SOFT CLOSE AUCTION SALES. This date shall not be changed by the Consignor. (AC) may require moving the auction back due to weather or economic events. If the bids do not meet the reserve, the Auctioneer will reschedule another soft close date in 14-day increments until it is sold, or to the agreed-upon dates listed in the ‘SUMMARY OF SALE’ (page 1) of this agreement.
Commission and Fees Charged (SUMMARY OF SALE): The ‘SUMMARY OF SALE’ (page 1) of this agreement outlines the currency being charged & collected, the seller’s fee of the total sold value realized, the advertising & marketing budget fee, and any optional appraisal fees/ or a seller’s flat fee amount. All personal property sold at auction is subject to the above of each sale, plus any additional costs approved in writing between the parties. The client also agrees and acknowledges that the Auctioneer will charge a non-refundable auctioneer’s deposit at the time the buyer and seller agree to the accepted bid in writing. This seller's total costs, fees, listed in the SUMMARY OF THE SALE (page 1), will be paid out of this amount to cover the seller's obligation under this agreement.
PRICE RESERVE: A reserve price is the minimum price a seller is willing to accept for an item.
FILL OUT THE FORM BELOW & ATTACH: (PHOTO ID, COPY OF LATEST TAX BILL/COPY OF OWNERSHIP).