WELSHEIMER REAL ESTATE AUCTION

Wednesday, November 5,  2025 at 6:00 pm

Auction Location: Lawrenceville Community Building, 3849 Lawrenceville Dr.  

GERMAN TOWNSHIP, CLARK COUNTY

53+/- Acres and Improvements

Known as Clark County Parcel # 0500200026000023
 4705 Troy Rd., Springfield, Ohio 45502
 Seller: Judith E. Welsheimer and Alan L. Welsheimer
 
TERMS AND CONDITIONS OF AUCTION :

1. General Terms of Auction:  The property shall sell to the highest bidder subject to the Seller’s confirmation and acceptance of the high bid.  THIS IS A RESERVE AUCTION. Bidders shall be responsible for their own due diligence prior to bidding on the property and are advised to conduct, or have conducted on their behalf, any inspections of the property prior to placing a bid.  All bids shall constitute a legal and binding offer to purchase the property.  Upon confirmation, Seller shall execute a “Contract to Purchase Sale Agreement” and the high bidder shall then be the “Buyer” subject to the remaining terms of this Agreement.  The Contract to Purchase Sale Agreement, together with the terms and conditions contained herein, shall collectively constitute the Sales Contract.  All terms of the Sales Contract shall be binding on both Buyer and Seller. By signing this Agreement the Bidder acknowledges receipt of disclosure of the terms of the Contract to Purchase Sale Agreement.   

2. The Contract to Purchase Sale Agreement:  Upon the close of bidding and receipt of notification from the Auctioneer that Bidder is the high bidder the high Bidder shall execute the Contract to Purchase Sale Agreement.  Thereafter, Contract to Purchase Sale Agreement shall constitute the Bidder’s offer to Seller and shall be presented to Seller for confirmation and acceptance.  

3.  Buyer’s Deposit:  Upon Seller accepting the high bid, Buyer shall deposit the sum of $50,000, made payable to Harvey Plus LLC (broker) upon acceptance of Buyer’s notification that Seller accepted the high bid.  The deposit shall be applied as a credit to Buyer at closing towards the purchase price.   Buyer’s deposit shall be non-refundable.   In the event Buyer fails to close on the property then it is agreed Seller shall retain Buyer’s deposit as liquidated damages.  If Seller fails to perform pursuant to the terms of this Agreement then the Buyer’s deposit shall be returned to the Buyer and both parties shall be released from their obligations under the Sales Contract and said contract shall thereafter be null and void.

4. Seller’s Disclosures:  Bidder acknowledges receipt of Seller’s Residential Property Disclosure(if applicable), Lead-Based Paint Form (if applicable), Agency Disclosure Statement, and all other disclosures that may be required under Ohio law.  Bidder agrees, if Bidder is the high bidder, that he/she/it shall execute all necessary disclosures as the Buyer upon Seller’s confirmation and acceptance of the high bid.

5. Auctioneer’s Representation of the Property:  The information listed in materials describing the property has been obtained from sources which are deemed by Auctioneer to be reliable, but shall not be guaranteed by the Auctioneer or its agents and employees. Bidder’s shall be responsible for his/her/its own due diligence as to the condition of the property and the property’s suitability for Bidder’s intended use.  Bidder shall be responsible, at Bidder’s option, for verifying all property information prior to placing a bid.  Bidder’s decision to bid shall be  deemed the independent decision of each Bidder.  Auctioneer assumes no responsibility for the condition of the property or for the performance of the parties under this Agreement.  By signing this Agreement Bidder hereby warrants and represents that Auctioneer has not made any statements, representations or warranties regarding the condition of the property and premises, fixtures thereto, zoning conditions, governmental requirements or environmental matters, guarantees or warranties of the like, upon which Bidder may rely and which are not contained in this Agreement. The Auctioneer, Harvey Plus LLC, shall not be responsible or liable in any way if the Seller fails to honor the terms of the Sales Contract.

6. Reservation of Right to Cancel Auction or Bid:  Bidder agrees the Auctioneer, Harvey Plus LLC, on behalf of Seller, shall have the right to cancel any bid or withdraw any property from the auction at any time prior to Seller confirming and accepting a high bid.

7. Bid Structure:  The opening bid and all bidding increments shall be determined solely by the Auctioneer.   Auctioneer shall set, and have the right to adjust, the minimum bid increments as the auction progresses.  Auctioneer may reject any bid if Auctioneer determines the bid is merely nominal or may negatively affect the auction process.   The auction will either be “Absolute” or “Reserve.” If this is an Absolute auction, the high bidder shall be the Buyer and the high bid shall be deemed accepted by Seller upon close of bidding. This is a “Reserve” auction, the Seller reserves the right to either accept or reject the high bid.  However, if a bid is placed which exceeds the Reserve Price the auction shall then be an Absolute auction and the property will be sold to the high bidder. The auction shall be a Reserve auction until stated otherwise by Auctioneer or until such time as the declared reserve price is met.     

 8.  Purchase Price:  Upon Buyer and Seller executing the Contract to Purchase Sale Agreement the high bid shall represent the purchase price. There is no buyer’s premium.

9.  Contingencies:  By placing any bid at auction the Bidder/Buyer acknowledges and represents the purchase and sale of the property SHALL NOT be contingent upon Buyer securing financing, performing inspections, or Buyer’s satisfaction with any appraisal of the property subject to this Agreement.   

10. “AS-IS”:  The property shall be auctioned and conveyed in an “AS-IS, WHERE-IS” condition as of the date and time of sale. Neither Harvey Plus LLC, nor the Seller(s), their agents, employees or representatives make any warranties, expressed or implied, of any kind whatsoever concerning the property and this sale.

11. Conservation Easement: There is a Deed of Conservation Easement to Tecumseh Land Trust on the subject property, dated April 25, 2007.  Clark County Records Instrument No. 200700008208.

12. Closing: The closing shall occur on or before December 19, 2025.  Title insurance, if desired, shall be paid by the Buyer.

13. Closing Costs: Buyer shall be responsible for all closing costs, including but not limited to: settlement/closing fee, title search fee(s), recording fees, wire fees, and other costs incident to settlement.  The Seller shall be responsible for the deed preparation fee and conveyance fee.

14. Title Insurance: The cost of an owner’s policy of title insurance and any accompanying title insurance endorsements shall be paid by the Buyer if Buyer elects title insurance.

15. Real Estate Taxes:  Seller to pay 2025 taxes in the amount of $4,268.44.

16.  Possession: Possession of the house and buildings by December 20, 2025. Possession of cropland upon harvest of 2025 crops.

17.  Agency: It is acknowledged by Buyer that Harvey Plus, LLC., and its representatives, are the Exclusive Agents of the Seller.

18.  Disclaimer & Absence of Warranties: All information provided and all related materials are subject to the terms and conditions outlined in the agreement to purchase. The property is sold on an “As Is, Where Is” basis and no warranty or representation, either expressed or implied, concerning the property is made by the seller or the auction company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries and due diligence concerning the property. The information provided is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the seller, the broker or the auction company. All sketches and dimensions provided are approximate. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. The seller, broker and auction company reserve the right to preclude any person from bidding if there is any questions to that person’s credentials, fitness, etc. All decisions of the Auctioneer are final. ANY ANNOUNCEMENTS MADE THE DAY OF THE SALE TAKE PRECEDENCE OVER PRINTED MATERIAL OR ANY OTHER ORAL STATEMENTS MADE.