Conditions of Sale for This Auction

The deadline for paying for the property is 24 hours after the end of the auction. The consequences of not paying and other important details are set forth below.

1. Compliance

By accessing or using the Service in any manner, you agree to comply fully with these Conditions of Sale. If you do not agree to comply fully with these Conditions of Sale, you must not access or use the Service.

2. Sheriff Sale

The _____ County Sheriff (the “Sheriff”) is conducting this sale online pursuant to an order issued by a court in a foreclosure case. There will be no live auction.  

Roup LLC (“Roup”) is the Sheriff's technology vendor.  Roup is not conducting the sale.

3. Defined Terms

The following defined terms have the following meanings in these Conditions of Sale:

(a) "Collection Costs" means all reasonable fees, costs, and expenses, including Payment Processor charges and reasonable attorneys' fees, incurred in collecting or attempting to collect an amount due under these Conditions of Sale.

(b) "Non-Payment Fee" means the fixed amount established by these Conditions of Sale together with all applicable payment processing fees incurred by Roup in processing payment of the Non-Payment Fee.

(c) “Service” means Roup's entire online auction system, including all related services, functionality, software, technology, tools, applications, data, communications, and features made available through or in connection with the Websites. The Service includes all updates, upgrades, modifications, enhancements, and replacements thereto.

All other defined terms in these Conditions of Sale have the meanings given to them in the Terms of Use, unless they are defined elsewhere in these Conditions of Sale.

4. Sheriff’s Fee

In accordance with 55 ILCS 5/4-5001 and 735 ILCS 5/15-1507.2, the Sheriff’s fee for this auction is $1,000, unless the auction is canceled, in which case the fee is $700. The Person who requests the sale of the property is responsible for paying the Sheriff’s fee.

5. Payment Deadline

If you are the winning bidder, you must pay for the property within 24 hours of the end of the auction. The amount due is the amount of your winning bid, and you must use an acceptable method of payment. If you fail to meet these requirements, then:

• you will be deemed to have failed to pay for the property; and

• you will therefore be in breach of your contractual obligation to pay for the property.

The Sheriff may extend this 24-hour deadline, in his sole discretion, under the authority of 735 ILCS 5/15-1507.2(n)(4) in the interest of upholding the sale or if the Sheriff determines that an extension of time is otherwise justified.

This 24-hour deadline does not apply if the winning bidder submitted a credit bid by virtue of being the plaintiff or a judgment creditor in the foreclosure action.  If such a party has a balance due after deducting the party’s credit bid, the deadline for paying the balance due is as soon as reasonably practicable after the end of the auction.

6. Acceptable Methods of Payment

The only acceptable methods of payment are:

• a certified check; and

• a cashier’s check.

No other methods of payment, including cash and personal checks, are acceptable.

Your check must be made payable to the __________ County Sheriff’s Office.

7. Failure to Pay for the Property

If you fail to pay for the property and are therefore in breach of your contractual obligation to pay for the property, you will owe a Non-Payment Fee in the amount of one-thousand five hundred dollars ($1,500), plus credit card processing fees.

A Non-Payment Fee does not apply if the winning bidder submitted a credit bid by virtue of being the plaintiff or a judgment creditor in the foreclosure action.

If you have any questions about the Non-Payment Fee, please contact Roup through the Contact Us form on the Website or by email at contact@roup.com.

8. Non-Payment Fee Authorization

If you owe a Non-Payment Fee, you hereby agree, authorize, and instruct Roup, the Sheriff, and the Payment Processor to charge a Non-Payment Fee in the amount of one-thousand five hundred dollars ($1,500), plus credit card processing fees, to the credit card associated with your Roup account.

9. Bases for Authorization 

In connection with the foregoing authorization, you acknowledge and agree that the Non-Payment Fee was fully disclosed to you, and you acknowledged it, before the system would allow you to submit a bid on the property. 

You further acknowledge and agree that:

(a) your failure to pay for the property will create losses that are difficult or impossible to determine in advance because they vary from case to case;

(b) your failure to pay for the property will result in delays in completing the sale, additional effort by the parties involved in the sale, and additional costs and expenses, the amounts of which cannot be determined precisely in advance; and

(c) the amount of the Non-Payment Fee is reasonable under the circumstances described above and does not constitute a penalty.

10. Chargebacks and Reversals

If you owe a Non-Payment Fee, you will not seek to have the charge to your credit card for the Non-Payment Fee charged back or reversed on the basis that you:

(a) did not authorize the charge;

(b) did not receive advance notice of the charge;

(c) did not agree to the charge; or

(d) do not understand the charge.

If (i) the charge to your credit card for the Non-Payment Fee is declined, or (ii) you charge back, reverse, or otherwise contest the charge with your credit card issuer with the result that the Non-Payment Fee is not paid, or (iii) you fail to pay the Non-Payment Fee due to any other reason, then, in addition to continuing to owe the Non-Payment Fee, you will also owe Collection Costs.

If you owe Collection Costs, you hereby authorize and instruct Roup, the Sheriff, and the Payment Processor to charge all Collection Costs to the credit card associated with your Roup account, to the fullest extent permitted by law.

11. Not Exclusive Remedies

Non-Payment Fees and Collection Costs are not exclusive remedies. They are separate from, and in addition to, any obligation you may have to pay damages or other amounts recoverable by law. They do not limit or take the place of any options that are available under the judgment of foreclosure or any other court order.  They do not affect any rights available under the Terms of Use, including the right to suspend, deactivate, or terminate your account with Roup.

12. Prerequisites to Bidding

To bid on this property, you must: 

(a) have an account with Roup;

(b) complete the registration process, which includes:

• completing all identity verification requirements; and

• entering and maintaining a valid credit card with the Payment Processor.

13. Identity Verification

Under Illinois law, your identity must be verified before you may bid. We use a Third-Party Provider for this requirement. The auction system will guide you through the steps.

14. Credit Card Requirement

As part of the bidding registration process, you must enter and maintain a valid credit card with our Payment Processor. This requirement helps with completion of the sale and verification of your identity.

By entering credit card information with our Payment Processor, you thereby authorize Roup, the Sheriff, and the Payment Processor to charge Non-Payment Fees and Collection Costs to that credit card in accordance with these Conditions of Sale. If you later delete that credit card from your Roup account or replace it with a new card, such deletion or replacement will not revoke or rescind your prior authorization (as set forth above) with respect to that credit card.  Your prior authorization with respect to that credit card will remain in effect.

The Payment Processor collects and stores your credit card information. Roup does not store your full credit card number but instead associates your credit card with your Roup account and initiates credit card transactions using payment method identifiers (sometimes called “tokens”) from the Payment Processor. For Roup’s purposes, these payment method identifiers take the place of your full credit card number.

15. Bidding

Anyone may enter the opening bid.  Bidding does not need to start with the plaintiff’s opening bid.

Your bid constitutes an irrevocable offer to purchase the property at the amount of your bid in accordance with the payment requirements in these Conditions of Sale.

You are responsible for the accuracy of all bids submitted through your account. 

You are responsible for maintaining the confidentiality of your login credentials with Roup. All bids entered using your login credentials will be deemed to have been authorized and entered by you.

Your bid may be subject to a minimum bid increment.  You will not be able to enter a bid that is less than the minimum increment, if one is applicable.

You may enter a maximum bid. A maximum bid is the highest amount you authorize the system to bid on your behalf. If you enter a maximum bid, the system will automatically place bids on your behalf in response to competing bids, in the minimum increment, as applicable, until your maximum bid is reached. All bids placed by the system on your behalf are binding upon you as if they had been entered manually.

If more than one Person enters the same bid, the bid entered first, as determined by the auction system, will have priority. 

You are responsible for submitting your bid in sufficient time to account for the possibility of internet delays, connectivity issues, system response times, and other technology-related risks.

16. Bids are Final

You will have an opportunity to confirm the accuracy of your bid before you submit it. Be sure to review your bid carefully before you submit it. Neither Roup nor the Sheriff will correct, modify, or cancel any bid. All bids are final upon submission, including incorrect amounts and bids entered in error or by mistake. 

Notwithstanding the foregoing, if you enter a maximum bid, the system will allow you to increase or decrease the maximum amount of your bid, provided your new maximum bid exceeds the current bid and you comply with the minimum bid increment, as applicable.

17. Extension of the Auction

If bidding occurs in the final moments of the auction, the auction will automatically be extended for successive periods of time to give everyone a fair opportunity to bid. This automatic extension of time is called the "anti-snipe period." The auction will end after no bidding occurs during the anti-snipe period.

18. Cancellation and Postponements

This auction might be cancelled or postponed at any time. If an auction is postponed, all bids in the postponed auction will be set aside and disregarded; bidding will start anew when the auction resumes at the later date.

19. Winning Bidder

The highest bidder at the end of the auction will be identified by the Sheriff as the winning bidder for the purpose of reporting the results of the sale to the court and others involved in the foreclosure case.

20. Court Approval

The sale of this property is subject to approval by the court.

The court’s decision might take a significant amount of time. Neither the Sheriff nor Roup has any control over the timing of the court's decision.

The court might decide not to approve the sale. If the court does not approve the sale, the purchase price paid by you might not be refunded immediately.  Your refund might take additional time, as it might depend upon the entry of a separate order from the court.

21. No Contingencies

The property is being sold without any contingencies, including financing, inspection, title, closing, and attorney-review contingencies.

22. No Property Access

You are not allowed to access the property or disturb the occupants.  Neither the Sheriff nor Roup has any authority to grant you permission to access the property.

23. Sheriff’s Deed

The Sheriff does not prepare deeds.  

If the court confirms the sale of the property and you are the buyer, you will be responsible for the following:

(a) preparing a deed;

(b) completing other conveyance documents;

(c) paying the recording fees and other amounts due; and

(d) recording the deed.

You are advised to consult an attorney to ensure all legal requirements are met. 

You should bring the deed and any other conveyance documents to the Sheriff's office for signature.

24. Keys and Eviction Proceedings

Eviction proceedings are not included in the sale of the property.  

An eviction is a separate proceeding.  If an eviction is required, you will be responsible for seeking an eviction and paying the applicable fees.

There are no keys to the property.

25. Due Diligence Responsibilities

YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING YOUR OWN DUE DILIGENCE ON THIS PROPERTY. 

YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY RESEARCHING AND EVALUATING THIS PROPERTY AND DETERMINING THE RISKS ASSOCIATED WITH PURCHASING IT.

You acknowledge and agree that the Sheriff and Roup have not investigated, verified, or conducted any due diligence on this property or on any Property Information (as defined in the Terms of Use).

You acknowledge and agree that your participation in this auction does not give you the right to access this property.  You further acknowledge and agree that your access to this property might be prohibited by law.  You agree that you will not disturb the occupants of this property and will conduct your own due diligence in compliance with all limitations and prohibitions on your right to access this property. 

THE TERMS OF USE CONTAIN ADDITIONAL DETAILS REGARDING YOUR DUE DILIGENCE RESPONSIBILITIES.  YOU SHOULD READ THEM CAREFULLY.

26. Property Sold “As-Is”

The property is being sold on an "AS IS," "WHERE IS," and "WITH ALL FAULTS" basis.

YOU ASSUME ALL RISKS RELATING TO PURCHASING THIS PROPERTY, INCLUDING RISKS RELATING TO:  

(a) the type of property;

(b) the value of this property;

(c) access to this property;

(d) whether this property is occupied;

(e) the presence, absence, and condition of any improvements to this property;

(f) the condition of title, including the possible existence of liens and encumbrances;

(g) property taxes and assessments; and

(h) environmental matters.

YOU ALSO ASSUME THE RISK THAT PROPERTY INFORMATION, SUCH AS PHOTOS, STREET-VIEW IMAGES, AND IMAGES ON A MAP, MIGHT BE OUT OF DATE OR INCORRECT AND MIGHT NOT ACCURATELY DEPICT THIS PROPERTY.

THE TERMS OF USE CONTAIN ADDITIONAL DETAILS REGARDING YOUR ASSUMPTION OF RISKS.  YOU SHOULD READ THEM CAREFULLY.

27. Power and Authority of the Court

Nothing in these Conditions of Sale limits or otherwise affects the power or authority of the court with respect to this property or the sale of this property.

28. Incorporation of the Terms of Use

Important provisions governing your use of the Service and the auction of this property are also set forth in the Terms of Use. 

The Terms of Use are hereby incorporated into these Conditions of Sale by reference. These Conditions of Sale and the Terms of Use are intended to be read together as a single, integrated agreement. You should review both agreements carefully. 

We recommend that you obtain the advice of an attorney.