Online Bidding Terms & Conditions

Rev. 12.05.19

USA HOME BUYER AUCTIONS LLC, DBA EZ Real Estate Offer

ONLINE BIDDING TERMS & CONDITIONS

 

These terms and conditions apply to all online bidding/offers conducted by or in conjunction with USA Home Buyer Auctions LLC, DBA EZ Real Estate Offer ("Online Bidding"). By registering to participate in a USA Home Buyer Auctions LLC online bidding event (a "Sale") via Online Bidding, you expressly agree to these terms and conditions.

These USA Home Buyer Auctions LLC Online Bidding Terms and Conditions are supplemental, meaning that they shall apply in addition to all other terms and conditions applicable to bidders and buyers participating in the subject Sale (collectively, the "Bid Conditions") and shall be deemed incorporated by reference and made a part of the Bid Conditions for such Sale. Additional information applicable to the Sale may be added to our web site from time-to-time, and/or in a notice displayed at the Sale venue, and it is your responsibility to review that information. Please be aware that announcements affecting the Sale may also be made orally before and during the Sale without prior notice. In registering to bid at any Sale, you agree to the applicable Bid Conditions.

In addition, use of the USA Home Buyer Auctions LLC Online Bidding service is at all times subject to the USA Home Buyer Auctions LLC’s Website Terms of Use [link here] and Privacy Policy [link here].

References in this document to "USA Home Buyer Auctions LLC", "we" “our” or "us" mean USA Home Buyer Auctions LLC (DBA EZ Real Estate Offer). References herein to "you" and "your" mean the person or entity registering to bid or bidding in a Sale via the Online Bidding service.

By participating in an online sale, you represent, irrefutably warrant and covenant that you:

  • Shall not misrepresent their ability to close the transaction pursuant to the terms and conditions of the sale.

  • Have the capacity to close the transaction and that any bid you make constitutes an irrevocable offer to buy for the full amount of the bid plus buyer’s premium, if applicable, and applicable taxes and/or fees.

  • Have the legal authority to enter into a purchase and sale agreement.

  • Shall forfeit all deposits or otherwise pay as liquidation damages all monies paid if payment is not made in full by the time specified.

Registration

  • Before you can bid via Online Bidding, you must register to bid online and submit proof of funds or a pre-qualification letter. The registration page can be accessed by clicking here. Please note that you must be registered at least 24 hours prior to the close of any auction or you may not be able to bid online on that property.

  • If you are working with an Agent, you will need to provide us with their contact information. 

  • You must either provide Proof of Funds if paying in cash OR a pre qualification letter from a mortgage lender prior to bidding. Registration and documents must be received NO LATER than 12:00 pm PST the last day of the sale via email info@EZREOffer.com.

  • If you are not registered and/or you have not provided suitable documentation by 12:00 pm on the last day of the sale, you MAY NOT be allowed to bid on a property!

  • We STRONGLY encourage you or your agent to login to your account throughout the bidding process to check on the property you wish to make an offer/bid on. It is IMPORTANT to understand the steps and functionality needed to place your offer/bid.  Technical or agent support may not be available after 12:00 pm on the final day of the sale.

  • Bidder Verification: All bidders must provide their full name, address and daytime/evening phone number. We reserve the right to deny registration. The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, we will reject the registration, and bidding activity will be terminated. We reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. When using the website you must obey any and all local state and federal laws. Violations will result in termination of website use privileges.

Online Bidding Process

  • Once you have successfully registered on the site and submitted the appropriate funding documents, you will be eligible to bid online..

  • During the sale, you can bid for a lot or property by clicking the “Place Bid” button. All offers should be submitted by the buyer or buyer's agent by clicking on the “Place Bid” button on the View Homes page. Each bid shall be final and binding as soon as you click the “Place Bid” button. You must refresh your page to see if any other bids have been presented.

  • DO NOT wait until the last second to make your bid as your computer may time out!

  • You acknowledge that you are bidding in a live online sale and you agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted via your Online Bidding account (including the liability to pay in full and on time in accordance with the Bid Conditions for any lot or property that is the subject of a successful bid submitted from your account).

  • Please note that USA Home Buyer Auctions LLC, DBA EZ Real Estate Offer reserves the right to reject a registration to bid online, withdraw its permission for you to use Online Bidding, or terminate an Online Bidding account, for any reason at any time prior to, during or after a Sale.

After the Sale

  • To find out if you have been successful in your bidding, you may check the results that are published at EZREOffer.com online after the Sale and you will receive an email.

  • Acceptance of Bid Prices: Successful bidder(s) will be required to enter into a Local Sate Purchase and Sale Agreement immediately following the end of the bidding collection time period. The listing agent will make arrangements to immediately meet with the successful bidder or e-mail documents to be executed and faxed or e-mailed back within 24 hours of the end of the sale. Winning bidder will also sign an Agency disclosure and appropriate addendums. Successful bidders not executing and returning contracts with earnest money deposit within 24 hours will be considered in default. Any and all inspections that a buyer may want must be done at buyer’s expense prior to purchase, unless previously agreed to between buyer and seller. A property may be subject to a buyer’s premium.

  • Each property listed on our web site will offer different terms, conditions and, if applicable, a buyer’s premium, so be sure to research the property and all of the details on the property bid page.

  • Please contact the listing agent for details and further information on each property. The listing agent’s information is provided on each property page.

  • You agree to pay for and complete the sale for any lot or property that is the subject of a successful bid submitted by you or from your Online Bidding account, in accordance with the Bid Conditions.

  • Sellers reserve the right to accept, negotiate or reject the highest bid.

Use of the Online Bidding Service and Limitations Of USA Home Buyer Auctions LLC's Liability

  • Lots and properties are available for inspection prior to any Sale, on the day(s) indicated on the website and the accompanying NWMLS or regional MLS listing, and it is for you to satisfy yourself as to each and every aspect of a lot or property. You are strongly advised to examine in person any lot or property on which you may bid or have it examined on your behalf before any Sale.

  • If you choose to use the Online Bidding service, you do so entirely at your own risk. Access to and use of Online Bidding is dependent upon, among other things, the availability of the internet and the speed and quality of internet connections.

  • The content displayed via the Online Bidding service may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Online Bidding service and to make any changes to the features, functionality or content of the Online Bidding service at any time.

  • Access to the Online Bidding service is made available as a convenience and on a temporary basis, and we reserve the right to suspend or terminate any aspect or feature of the Online Bidding service (including the Online Bidding service in its entirety) at any time, with or without notice. Without limiting the foregoing, we may suspend access to Online Bidding to carry out scheduled or unscheduled maintenance or for any other reason at any time.

  • WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA THE ONLINE BIDDING SERVICE.

  • USA HOME BUYER AUCTIONS LLC PROVIDES THE ONLINE BIDDING SERVICE AND THE USA HOME BUYER AUCTIONS LLC WEBSITE IS "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF THE ONLINE BIDDING SERVICE OR OUR WEBSITE OR ANY ERRORS OR DEFECTS IN THE CONTENT OR FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (WHETHER YOURS OR OURS) AND/OR ANY INTERNET CONNECTION PROBLEMS (WHETHER YOURS OR OURS), AND WE DO NOT REPRESENT OR WARRANT THAT THE ONLINE BIDDING SERVICE OR THE WEBSITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Changes to These Terms and Conditions

  • We may from time to time make changes to these terms and conditions. Any changes will be posted on our website and we will endeavor to notify you of the same by means of a notice and link to the revised terms on our website. Please review these terms and conditions regularly to ensure you are aware of any changes made by us. If you use Online Bidding after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any subsequent use of the Online Bidding service.

Governing Law

  • Our website is operated from the US. All matters arising out of or relating to the website or any Terms and Conditions applicable to the website or the Online Bidding service are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.

Dispute Resolution and Binding Arbitration

  • (a)  YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PROPERTY OR SERVICES PROVIDED BY US THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  • (b)  The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Entire Agreement

  1. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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