Auction Terms and Conditions

MOTIVATED AUCTION GROUP, LLC - BIDDER TERMS & CONDITIONS

By registering to bid and participating in any auction conducted by Motivated Auction Group, LLC ("Auctioneer"), the bidder ("Bidder" or "Buyer") agrees to the following Terms and Conditions. These terms are legally binding, and failure to comply may result in forfeiture of bidding privileges and legal action.

1. BIDDER REGISTRATION & DEPOSIT

  • All Bidders must register with Motivated Auction Group, LLC before placing a bid.
  • A refundable deposit of $1,500 is required before any bidding privileges are granted.
  • Deposits must be paid via wire transfer, cashier’s check, or credit card (subject to a processing fee).
  • The deposit will be refunded within 5 business days if no purchases are made or will be applied to the final purchase amount if a bid is successful.
  • Failure to complete payment within the required timeframe will result in forfeiture of the deposit.
  • Bidder certifies they have the financial ability to complete purchases. Failure to pay may result in legal action, collection fees, and additional penalties.

2. BIDDING PROCEDURES

  • All bids are final and legally binding. There are no bid retractions or cancellations.
  • The highest bid at the time of auction close is considered the winning bid, subject to the Auctioneer’s final approval.
  • The Auctioneer reserves the right to reject any bid at its sole discretion.
  • In the case of a tie or dispute, the Auctioneer's decision is final.
  • Bidders are responsible for reviewing all descriptions, photos, and item details before bidding.
  • Bidders are solely responsible for their bidding actions. No bid retractions, cancellations, or adjustments will be permitted under any circumstances.
  • Auctioneer reserves the right to reject or cancel any bid at its sole discretion without explanation.

3. PAYMENT TERMS

  • All purchases must be paid in full within 48 hours of the auction’s conclusion.
  • Accepted payment methods include wire transfer, cashier’s check, or cash. Credit cards may be accepted with a processing fee.
  • Failure to complete payment within 48 hours will result in forfeiture of the deposit and the item being resold or offered to another bidder.
  • A late fee of [4.5%] per day will be charged on outstanding balances. If legal action is required for non-payment, Buyer is responsible for all attorney’s fees and costs.
  • Failure to complete payment will result in permanent suspension from all future auctions conducted by Motivated Auction Group, LLC.
  • Non-payment or fraudulent bidding may result in legal action and permanent banning from future auctions.

4. BUYER’S PREMIUM & TAXES

  • A Buyer’s Premium of 10% will be added to the final hammer price of each item. Online Buyers Premium is 12%
  • All applicable sales tax will be collected unless a valid resale or tax-exempt certificate is provided prior to the auction.

5. ALL SALES ARE FINAL & ITEMS SOLD AS-IS

  • All items are sold "AS-IS, WHERE-IS" with no warranties, guarantees, or refunds.
  • No warranties, express or implied, including merchantability or fitness for a particular purpose, are provided by the Auctioneer.
  • By placing a bid, Buyer acknowledges they have had the opportunity to inspect the item(s) and waives any claim against the Auctioneer or Seller regarding the item's condition after purchase.
  • Buyers are responsible for conducting their own inspections and due diligence before placing a bid.
  • The Auctioneer and seller make no representations as to the condition, quality, authenticity, or value of any item.

6. ITEM DESCRIPTIONS & ADVERTISING DISCLAIMERS

  • Item descriptions, photos, videos, and advertisements are provided as a courtesy and are subject to change without notice.
  • Auctioneer is not responsible for errors, omissions, or misrepresentations in item descriptions.
  • Seller reserves the right to withdraw any item prior to auction close. Auctioneer is not liable for removed or unavailable items.
  • Buyers should inspect items in person when possible and ask questions before bidding.

7. REMOVAL & TRANSPORTATION

  • Buyers must arrange for pickup or transport within 14 days of the auction closing.
  • Failure to remove items within the required timeframe may result in storage fees of $50 per day.
  • After 21 days, unclaimed items will be considered abandoned and resold without refund or credit.
  • The Buyer is responsible for all costs associated with removal, transportation, and any required equipment for loading.
  • Buyer assumes all responsibility for loading and transporting purchased items. Auctioneer is not responsible for accidents, injuries, or damages during removal.
  • Buyers must coordinate pickup with Auctioneer at least 1 hour in advance during normal business hours. Failure to comply may result in delays or additional storage fees.

8. LIABILITY & INDEMNIFICATION

  • Buyers assume all risk and liability for items upon winning the bid.
  • Auctioneer is not responsible for accidents, injuries, or damage occurring on the premises during inspection, pickup, or transport.
  • Buyer agrees to indemnify and hold harmless Motivated Auction Group, LLC, its employees, agents, and affiliates from any claims or liabilities arising from the purchase, use, or transport of auctioned items.

9. TECHNICAL ISSUES & FORCE MAJEURE

  • Auctioneer is not responsible for internet issues, software malfunctions, or any other technical failures that affect bidding.
  • In the event of a dispute, outage, or technical failure, Motivated Auction Group, LLC reserves the right to extend, suspend, or cancel the auction.
  • The Auctioneer shall not be liable for any delays, disruptions, or failures due to events beyond its control, including but not limited to natural disasters, government actions, labor strikes, or cyberattacks.

10. GOVERNING LAW & DISPUTE RESOLUTION

  • These Terms & Conditions shall be governed by the laws of the State of Delaware.
  • Any disputes must be resolved in the courts of Delaware.
  • In the event of legal action, the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs.

11. AUCTIONEER’S RIGHTS

  • Motivated Auction Group, LLC reserves the right to refuse service, revoke bidding privileges, or remove any Bidder at its sole discretion.
  • Auctioneer may resell, dispose of, or take legal action against Bidders who fail to complete their purchase.
  • Auctioneer reserves the right to cancel, postpone, or reschedule any auction or lot for any reason.

By registering and placing a bid, you acknowledge and agree to these Terms and Conditions. Failure to comply may result in deposit forfeiture, legal action, and permanent restriction from future auctions.

If you have any questions, contact Motivated Auction Group, LLC at 302-443-2376