Full Conditions of Sale for Demo 119159 Hillcrest Drive
CONDITIONS OF SALE
1. 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. 2. Defined Terms
All defined terms in these Conditions of Sale (words that start with a capital letter) have the meanings given to them in the Terms of Use, unless they are separately defined in these Conditions of Sale.
3. Sheriff Fee
The Sheriff’s fee for this auction is $1,000, unless the auction is canceled, in which case the fee is $700. You acknowledge and agree that each of these fees is reasonable and authorized by 55 ILCS 5/4-5001 and 735 ILCS 5/15-1507.2.
The plaintiff or other Person who requested the sale of the property is responsible for paying the Sheriff’s fee.
4. Binding Agreement
These Conditions of Sale are a binding agreement between you and Roup. They govern your access to and use of the Service.
Additional agreements also apply. This auction is subject to Roup’s Terms of Use, and certain aspects of this auction are subject to separate agreements with Third-Party Providers (defined in the Terms of Use define as Third-Party Agreements).
By accessing or using the Service in any manner, you agree to be bound by:
• these Conditions of Sale;
• the Terms of Use; and
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• all Third-Party Agreements, as applicable.
If you do not agree to be bound by all these agreements, you must not access or use the Service.
5. Payment Deadline
If you are the winning bidder, you must pay the purchase price in full within 24 hours of the end of the auction.
The Sheriff may extend the 24-hour payment deadline 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 justified.
This section does not apply if the winning bidder submitted a credit bid. 6. Methods of Payment
The Sheriff will accept a certified check or a cashier’s check for the purchase price. The Sheriff will not accept a personal check.
All checks shall be made payable to the __________ County Sheriff’s Office. This section does not apply if the winning bidder submitted a credit bid. 7. Failure to Pay on Time
If you do not pay the purchase price in full on or before the payment deadline, you will owe a Non-Payment Fee in the amount of $1,500, plus payment processing fees.
This remedy is not exclusive and does not limit any other rights or remedies available under these Conditions of Sale or applicable law.
8. Non-Payment Fee Authorization
You hereby agree, authorize, and instruct Roup and its payment processors to charge a Non-Payment Fee in the amount of $1,500, plus payment processing fees, to the credit card or bank account associated with your Roup account if you are the winning bidder and do not pay the purchase price within 24 hours of the end of the auction.
You also acknowledge and agree to the following:
• the Non-Payment Fee was disclosed to you, and you acknowledged it, before you were able to place a bid on the property; and
• the Non-Payment Fee is not a penalty but rather a reasonable estimate of the minimum costs of redoing the sale.
If you have any questions about the Non-Payment Fee, please contact Roup.
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9. Chargebacks and Reversals
If you owe a Non-Payment Fee, you will not dispute or otherwise challenge the decision to charge you a Non-Payment Fee, nor will you seek to have any Non-Payment Fee charged back or reversed, on the basis that you:
• did not authorize the charge;
• did not receive advance notice of the charge;
• did not agree to the charge; or
• did or do not understand the charge.
If you dispute a Non-Payment Fee and the dispute is resolved against you, you will also owe all additional fees and costs, including attorneys’ fees, incurred in defending and collecting the Non-Payment Fee (“Collection Costs”).
You hereby authorize and instruct Roup, the Sheriff, and their payment processors to charge all Collection Costs to the credit card or bank account associated with your Roup account, to the fullest extent permitted by law.
You are responsible for the conduct of all Persons who are authorized on your credit card or bank account. Their conduct will be deemed to be your conduct under these Conditions of Sale.
10. Prerequisites to Bidding
To bid on this property, you must:
• have an account with Roup;
• agree to be bound by these Conditions of Sale;
• register to bid on this property;
• complete an identity verification requirement; and
• enter and maintain a valid credit card with Stripe.
11. Identity Verification
Under Illinois law, your identity must be verified before you may bid. This step takes place using technology, products, and services from Stripe, a Third-Party Provider.
12. Credit Card Information
To bid on a property, you must enter and maintain a valid credit card. This step takes place using technology, products, and services from Stripe, a Third-Party Provider.
Stripe collects and stores your credit card information. Roup does not store your full credit card number but instead initiates credit card transactions using payment method
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identifiers (sometimes called “tokens”) from Stripe. For Roup’s purposes, these payment method identifiers take the place of your full credit card number.
13. 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.
You are responsible for the accuracy of all bids submitted through your account.
You are responsible for maintaining the confidentiality of your login credentials. 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 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.
14. All Bids are Final
You will have an opportunity to confirm the accuracy of your bid before you submit it. Make sure your bid is correct, as all bids are final upon submission, even bids entered in error. Once submitted, a bid may not be withdrawn, modified, canceled, or corrected, including a bid entered by mistake or due to user error, except by an order of a court.
15. 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
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automatic extension of time is called the "anti-snipe period." The auction will end after no bidding occurs during the anti-snipe period.
16. Cancellation and Postponements
This auction might be cancelled or postponed at any time.
17. Winning Bidder
The Person who submits the highest bid at the end of the auction and complies with these Conditions of Sale 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 action.
18. Court Approval
The sale of the property is contingent upon approval of the sale 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.
19. No Contingencies
The property is being sold without any customary real estate contingencies. If you are the winning bidder, your obligation to complete the purchase is not contingent upon, for example, financing, inspection, title review, occupancy status, property condition, or environmental matters.
20. 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.
21. Sheriff’s Deed
The Sheriff does not prepare deeds.
If the court confirms the sale of the property and you are the purchaser, you will be responsible for the following:
• preparing a deed;
• completing other conveyance documents;
• paying the recording fees and other amounts due; and
• recording the deed.
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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.
22. 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.
23. 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 Roup has not investigated, verified, or conducted any due diligence on this property or on any Property Information related to this property.
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.
24. 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:
• the type of property;
• the value of this property;
• access to this property;
• whether this property is occupied;
• the presence, absence, and condition of any improvements to this property; • the condition of title, including the possible existence of liens and encumbrances; • property taxes and assessments; and
• 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.
25. Incorporation of the Terms of Use
Important provisions governing the auction of this property are also set forth in the Terms of Use, which 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.