Auction Terms and Conditions
Cattaraugus County Annual Property Auction
Terms and Conditions
Please note that the Terms and Conditions have been revised. Read carefully.
- All Properties sold “As Is—Where Is”. The Purchaser assumes all environmental risks associated with the Property being conveyed. County makes no representation as to the zoning or code compliance of the property.
- Any promotional tools, such as slides, tax maps, etc., are for informational purposes only. Seller and/or Auctioneer neither guarantees nor warranties anything as to location, dimensions, parcel use or size.
- The County of Cattaraugus can only sell real property that has been assessed. It cannot sell any personal property on the premises. The disposition of that personal property is the responsibility of the successful bidder FOLLOWING THE CLOSING OF THE SALE, by contacting the former owner.
- Any Rights of Way, Easements or Covenants in existence at the time of the County Foreclosure remain as restrictions to the title of the property, and will be binding on the successful bidder.
- County will pay all water and sewer bills levied prior to the auction for service periods prior to the auction.
- The successful bidder shall be responsible for payment of the applicable current city and village taxes related to the Spring Auction, and the School taxes related to the Fall Auction, at the time that the bidder tenders the bid balance to the County.
- All Properties are sold subject to subsequent County Legislature confirmation. If sale is denied, all down-payments will be returned to the bidder.
- Possession of the property is forbidden until the deed is recorded with the Cattaraugus County Clerk, conveying title to the purchaser. Title Vests upon the recording of the deed. It is agreed between the County and the purchaser that delivery and acceptance of the deed occurs upon recording of the deed. ABSOLUTELY NO TRESPASSING SHALL OCCUR. This will be enforced for the protection of the seller and of the buyer. Violation can stop the sale and violators could be prosecuted.
- The County will convey by Quit-Claim Deed only, with no warranty or representation as to the marketability of the title. The deed will be recorded by the county upon payment of the accepted purchase price, along with any applicable current taxes, and closing fees/costs, which include deed filing fee.
- The County Legislature reserves the right to reject any or all bids, at their sole discretion, for any reason whatsoever.
- The County Legislature reserves the right to reject any bids, should the County become aware that the bidder has violated the Terms and Conditions of this sale, or a violation of Law as related to a particular property before, at the time of, or subsequent to the given auction, and at the discretion of the Treasurer, violator could be barred from future auctions.
- The successful Bidder will be required to deposit 10% of the bid price, in the form of cash, money order, or certified check, to be applied to the purchase price. If the highest bidder fails to tender the 10% deposit before the deadline on the auction date, then the second highest bidder shall be notified and be given opportunity to tender the high bid price to the County. If the second highest bidder fails to tender the high bid price to the County by the deadline established on the Auction date, then the parcel shall be reauctioned on the same date. Therefore, all bidders are urged to pay for their parcels immediately following the successful bidding. Any bidder who refuses to pay for one or more of their parcels cannot purchase any other parcel at that auction.
- Once the auctioneer accepts a bid and the bid down-payment is made, there will be no refunds of deposits.
- Any bid for $250 or less shall be paid in full at the time of the auction. (Deed filing fee will be billed to be paid during the same time frame as all other bids, within 30 days of date of approval letter.)
- If the successful bidder does not tender payment in full within 30 (thirty) days after adoption (by the County Legislature) of the bid, the 10% of the total bid price will be forfeited to Cattaraugus County. Seller is not responsible for payment of interest on deposit whether closed or not.
- All bidders must hold a bidder number. (Pre-register online at www.cattco.org)
- All decisions regarding disputes shall remain totally within the auctioneer’s discretion.
- The auctioneer reserves the right to reject any bid that is not an appreciable advancement over the preceding bid.
- The auctioneer and the seller shall remain forever immune from any and all liability concerning any personal injury or property damage occurring before, during or after the auction, no matter what the cause.
- At the time the auctioneer declares the final and highest bid, the buyer will be required to sign the “Bid Acknowledgement Form” confirming the sale, with the County Treasurer.
- No sale of tax title property shall be made to any County Legislators, Legislator’s spouse or dependent children.