380 Buersmeyer Lane, Westphalia, MO – 14.5± Secluded Acres with Gorgeous Views, Fenced Pasture, Barn, Shop & Heated/Cooled Man Cave – Build Your Dream Home in a Private Setting – Offered in 2 Tracts with Single-Wide Home – Sells to Highest Bidder(s)

Multi-Par Absolute Auction Terms

1.    REGISTRATION: This is an online only auction. You will need to register online to bid and agree to all terms. By registering, all bidders acknowledge having read and agree to be bound by the Auction Terms and Conditions. A Bidder Registering To Bid In The Auction Confirms That Bidder Fully Understands These Terms Of Auction And Unconditionally And Irrevocably Agrees To Be Bound By Them, Along With Any Additions, Deletions, Discoveries, And/Or Revisions Published To This Document By Auctioneer Before The Commencement Of The Auction.

If You Have Not Read And Reviewed The Terms For Sale Of Real Estate, Do Not Bid. We Encourage Bidders To View All Properties.

2.    ULTIMATE CHOICE: The property is being offered in two (2) tracts or in its entirety. Bidding on individual tracts will remain open throughout the entire auction. Beginning Tuesday, September 30, bidders will also have the option to place bids on combinations of tracts.

Please note:

•    If you have placed a bid on an individual tract and a combination bid is later submitted, you may be placed back in the winning position on your single tract if the combination is broken back out into individual tracts.

•    There is no maximum bid feature in this auction. The amount you enter is the amount that will be posted.

Example: If the current bid is $100,000.00 and you place a bid of $150,000.00, the website will immediately display your bid of $150,000.00 as the high bid.

3.    SPECIAL NOTES: All property is being sold AS IS, WHERE IS with no warranty written or implied by Atterberry Auction & Realty Co. or by the sellers. Any items remaining in or on the property at time of closing will convey with the property. Successful bidder not executing and returning the contract with earnest money deposit by end of business day of the auction will be considered in default. In the event a winning bidder fails to submit the signed Contract for Sale of Real Estate and required earnest money deposit, Atterberry Auction & Realty Company reserves the right to charge the winning bidder a penalty fee of $1,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by Atterberry Auction & Realty Company and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. Atterberry Auction & Realty Company reserves the right to sell to the second-highest bidder in the event the successful high bidder does not comply with the terms of the sale.

4.    Auction End Times: Atterberry Auction & Realty Company Online Auctions are timed events, and all bidding will start closing at a specified time. Atterberry Auction & Realty Company online auctions also have an auto extend feature. If any bid is placed in the final 3 minutes of an auction, then 3 minutes will automatically be added to extend bidding from the time the bid was placed. Example: If an auction is scheduled to close at 12:30 and receives a bid at 12:29, the close time will automatically extend to 12:32. The auto extend feature remains active until no further bids have been placed during the extended time.

5.    ACCEPTANCE OF FINAL BID: This is an absolute auction; therefore, the property will sell to the high bidder with no minimum or reserve. 

6.    BUYER’S FEE: A buyer’s fee of six percent (6%) shall be added to the high bid, per tract, and included in the total purchase price to be paid by each successful bidder. Example: if the high bid is $100,000.00, the contract will be written for $106,000.00.

7.    DOWN PAYMENT: The successful bidder shall make a non-refundable earnest money deposit of $10,000.00 per tract, or $20,000.00 if purchasing the entirety. Payment must be made by the end of the business day on the date of the auction in the form of personal check, business check, certified check, or wire transfer. The remaining balance shall be due within 30 days or at closing, whichever occurs first. The buyer shall be responsible for any wire transfer fees, if applicable.

8.    FINANCING: Financing is not a contingency of sale in this offering. Therefore, it is strongly recommended that potential bidders ensure in advance that they can obtain the necessary financing to close the transaction. This is considered a cash transaction.

9.    AUCTION CONTRACT: Successful bidder shall execute auction contract and deliver non-refundable earnest money deposit by end of business on the day the auction closes. Contracts will be sent to buyer(s) via DocuSign for signature.

10.    CLOSING & CLOSING COSTS: The buyer shall close within 30 days of the auction date. Closing date is subject to completion of the survey, in the event the survey takes longer than 30 days, all parties shall agree to extend closing until completion.  

The buyer shall be responsible for all customary closing costs associated with the purchaser’s side of the transaction, including but not limited to title company fees, document preparation fees, recording fees, and loan-related costs. The seller shall be responsible for all customary closing costs associated with the seller’s side of the transaction, including but not limited to title company fees, title insurance premiums, document preparation fees, and recording fees.

11.    POSSESSION: Purchaser shall receive possession of property at closing.

12.    EVIDENCE OF TITLE: Seller shall furnish at seller’s expense an Owner’s Policy of Title Insurance in the amount of the total purchase price and shall execute a warranty or Trustee’s deed conveying the real estate to the buyer. Property easements, exceptions, and any other applicable legal documents pertaining to the property are available for review on auction company website www.atterberrysells.com

13.    INFRASTRUCTURE: It is ultimately up to the buyer(s) of these tracts to determine the utilities, sewage, water and anything pertaining to developing or building on any of the tracts.  Atterberry Auction & Realty Company, nor the seller, will be responsible for any information provided either now or in the future for this property.

Survey, Tracts & Acreage Disclaimer

All tract sizes and acreage figures provided are approximate and for informational purposes only. If the property sells in two (2) tracts, a survey will be conducted by Thomas J. Kuster & Associates at a total cost of $1,800. This cost will be divided equally between the seller and the two (2) buyers, with each party responsible for their share. If the property sells in its entirety to a single buyer, no survey will be performed.

Closing date is subject to completion of the survey, in the event the survey takes longer than 30 days, all parties shall agree to extend closing until completion.  The cost will be itemized on the closing statement for each party.

14.    REAL ESTATE TAXES & ASSESSMENTS: Any unpaid real estate taxes shall be paid by the Seller at closing. The real estate taxes and homeowner’s association dues (if applicable) for the current year are to be prorated to closing.

15.    AGENCY: Atterberry Auction & Realty Co. and its representatives are Exclusive Agents of the Seller.

16.    BROKER PARTICIPATION: A commission will be paid to any properly licensed Broker who registers a successful buyer according to the Broker Participation Agreement. This form is available from the Auction Company and must be completed and returned 48 hours prior to the auction. We do not offer a fee if you are a licensed real estate agent and buying for yourself.  No Exceptions!

17.    AUCTION DISCLAIMER: All information published, announced, or contained herein on Atterberrysells.com, Atterberryauction.com, or any 3rd party website was derived from sources believed to be correct; however, it is not guaranteed by the seller or the auctioneers. Personal on-site inspection of all property is recommended by purchaser and/or purchaser’s agent/broker. The failure of any purchaser and/or purchaser’s agent/broker to inspect or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, rights-of-way, or any other information that can be obtained as public record concerning subject property.

18.    DISPUTES: Any dispute between Atterberry Auction & Realty Co., its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Boone county, Missouri.  By bidding on any item, buyer agrees to all terms and conditions set forth.

19.    HOLD HARMLESS: Buyer and or Bidder agrees to hold harmless and indemnify Atterberry Auction & Realty Co. and its Agents, Owners, Directors, Employees and its Representatives from all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.

20.    SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Atterberry Auction & Realty Co., reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor ATTERBERRY AUCTION & REALTY CO. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Atterberry Auction & Realty Co.