OCTOBER Open Farm and Heavy Equipment Auction
Open Consignment Auction
Location: 2408 Highway 64, Wynne, AR 72396 + Surrounding Areas
Type: On-line Only
Lots Start Closing: Thursday, October 12 @ 10am CST
- Online-only auction… all bids must be placed online.
- Preview is welcome and encouraged daily M-F 8am-5pm.
- Buyers Premium: 10% Buyer's premium on first $2,500 and 3% on the balance of each item.
- 9.5% Sales Tax
- 5% Administrative fee on all credit card purchases.
- This is a “soft-close” auction – any item that gets a bid in the last 60 seconds will be extended by 90 seconds
- A credit card is required to register and a $500 authorization will be run to check the validity of the card, but purchases will not be charged unless you instruct us to OR you don't pay your invoice within 48 hours of the auction close
Auction Index:
Lawn Mowers Lots: 30 - 48
Side x Sides, ATVs Lots: 55 - 75
Utility Tractors Lots: 76 - 93
Farm Tractors Lots: 94 - 106
Combines Lots: 107 - 110
Construction Equipment Lots: 111 - 128
Commercial Trucks Lots: 129 - 147
Vehicles Lots: 148 - 166
Motorcycles Lots: 167 - 168
Boats Lots: 169 - 172
Trailers Lots: 173 - 193
Real Estate Lot: 194
Shipping Containers Lots: 195 - 208
Firearms, Ammo, and Accessories Lots: 209 - 280
Skid Steer Attachments Lots: 286 - 425
Support Equipment/Implements Lots: 481 - 537
Headers Lots: 538 - 544
Tires Lots: 545 - 570
Salvage Lots: 571 - 591
Charles Hogan's Collection of Mechanics Tools Lots: 592 - 721
Auction Contacts:
Kirk Witcher: 870-588-1260
Mark Phifer: 501-388-6563
Jack Battles: 870-877-1717
Frank Herring: 662-934-9117
Jr Hendrix: 870-926-2298
Scott Osgatharp: 870-318-5340
Office: 870-238-1400
Auction Terms & Conditions - Please Note the Special Terms for Firearms and Real Estate (lot 194).
All items sell AS-IS, WHERE-IS. Preview of items is available any time prior to auction, Monday-Friday, 8am-5pm, and is strongly encouraged. There is no warranty expressed or implied on auction items. Buyer's are responsible for reading descriptions, examining pictures and inspecting items in person to their satisfaction before bidding. All bids are a legally binding contract, and all sales are final.
Contact consent: By registering to bid in this auction, you are giving Witcher Auctions consent to send you marketing messages by text and/or email from time to time. You can unsubscribe at anytime and will no longer receive these alerts.
This is an online only auction.
A credit card is required to register for online bidding. Nothing will be charged to your card UNLESS you fail to pay or make payment arrangements within 48 hours of the auction close. If an invoice remains unpaid after Monday, October 16 at 5pm, Witcher Auctions reserves the right to run the card on file for up to the full amount of all invoices totaling $2,500 or less and for up to a $2,500 deposit all other invoices.
No items will be removed from sale site without receipt of payment in full. Bids placed at this auction are a legally binding contract. All sales are final. Witcher Auctions reserves the right to hold any items from removal until full payment is verified.
**NOTE**: The auction will need to end before items can be invoiced and then paid for / picked up. We will be open all day on Friday and Saturday, October, 13th and 14th, 2023 for payment and pickup of purchases, then Monday-Friday, 8am-5pm as normal afterwards.
ITEM REMOVAL: Loadout will be available on Friday 10/13/23 and Saturday 10/14/23 from 8am - 5pm, then Monday - Friday, 8am-5pm daily. All items are to be removed within 30 days from date of sale. After 30 days, $20 per item, per day storage will be charged. After 60 days, items will be considered abandoned and sold for storage with no refund.
TAXES/FEES: 9.5% Sales tax must be collected unless valid exemption is presented at checkout. 10% Buyer's premium on first $2,500 and 3% on the balance of each item. 5% Administrative fee on all credit card purchases. A $25 Title fee will be charged to the buyer of any titled vehicles. Announcements sale day take precedence over all advertisements.
**Special Firearms Terms**
1. All firearms transfers and accompanying paperwork will take place at: Delta Feed Store, 2010 Falls Blvd, Wynne AR. Hours are M - F 9am - 5pm and Saturday 9am - 2pm
2. All guns and accessories are subject to a buyer's premium of 10% on the first $2,500.00 and 3% on the balance.
3. All firearms are subject to a flat $25.00 FFL Transfer fee in addition to the buyer's premium
4. A paid invoice from the auction will be required to be picked up.
5. The buyer's name on the auction invoice must match your state-issued photo ID and/or concealed carry permit in order to complete transfer.
6. Out-of-state buyers will have to handguns shipped to an FFL in their state; at thier expense. ON-SITE PICKUP IS NOT ALLOWED.
7. A $25.00 processing fee will be charged on each firearm purchased with no exceptions. This fee applies whether you pick it up or have it shipped to another FFL
8.An Arkansas concealed carry permit negates the need for a background check. All other firearm purchases will be required to have a background check. Concealed carry permits MUST be Arkansas-issued in order to be accepted. Out-of-state concealed carry permit holders will be subject to a background check before receiving any firearms.
9. Buyers who do not pass a background check are still liable for the purchase price of the firearm and no refunds will be given.
10. Buyer will not be allowed to assume possession without meeting federal firearm law requirements
**Special Firearms For Real Estate Lot Number 194**
Real Estate Auction
Location: Lot 4 of the Earl Subdivison, West of Colt on SFC 239.
Closing Costs: Winning Bidder to Pay All Closing Costs.
Type: Online-only bidding
Closes: Thursday October 12.
Auction Contacts:
For questions regarding lot or terms call Witcher Properties Agent Scott Osgatharp – 870-318-5340
This is an online-only auction… however pre-auction offers will be considered
Preview is welcome and encouraged anytime during daylight hours prior to bidding.
3% buyer’s premium on the purchase price.
This is a “soft-close” auction – any item that gets a bid in the last 60 seconds will be extended by 90 seconds
A non-refundable 10% deposit of the purchase price will be required by 5:00 pm CST on October 13.
A credit card is required to register but will not be charged unless you instruct us to OR deposit isn’t paid by 5:00 pm CST on October 13.
Please carefully read the Terms and Conditions. This document describes the Bidder/Purchaser's responsibility and many disclosures the Bidder/Purchaser should be aware of. Failure to read and understand these Terms and Conditions is a failure of the Bidder/Purchaser and not a cause to void a bid placed or a contract signed by the Bidder/Purchaser. ALL SALES ARE FINAL.
Auction Terms & Conditions
Witcher Auctions Properties LLC, Kirk Witcher - Auctioneer, AR #2101, Scott Osgatharp – Agent and Witcher Auctions Staff will hereby be known as "Auction Company" throughout this document.
"As Is" "Where Is"
o Due Diligence - It is the Bidder/Purchaser's responsibility to examine the property they are bidding on independently. We have disclosed any known defects. We believe the information provided is factual but not guaranteed. We strongly urge you to perform your own study of the property before placing a bid.
o The information provided in the property information package in regards to the size of the property, or any other factors are estimates only used for the convenience of the Bidder/Purchaser unless confirmed by recent survey. Auction Company is not responsible for exact size amounts.
o All information is believed to be either estimates or to be accurate. Neither the descriptions, nor any oral statements made by the Auction Company, shall be construed as a warranty, either expressed or implied. I, the Bidder/Purchaser, have inspected the property I am bidding on and accept it with any and all faults.
1. Purchase Contract: The property is offered under the specific terms provided in the Real Estate Sales Contract. A sample Real Estate Sales Contract is available upon request.
a. A non-refundable 10% Deposit of final hammer is due to the Auction Company by 5:00 pm CST the day after the online auction is concluded via wire transfer or cashier's check.
Notice to Non-U.S. Citizens: All deposits must be arranged through wire transfers to Witcher Properties. Non-U.S. Citizens' Certified checks will not be accepted.
b. The winning Bidder/Purchaser will be required to sign a binding, non-contingent Real Estate Sales Contract immediately following the auction sale.
c. Bidding Increments are a minimum of $250.00 USD. However, this may change as the Auctioneer sees fit. Bidder/Purchaser may enter a higher amount, but no bids below said amounts can be accepted for the property.
THE BID AMOUNT THAT IS SHOWN AS THE HIGH BID IS WITHOUT A BUYER'S PREMIUM. ALL BIDS WILL HAVE A TIRED BUYER'S PREMIUM ADDED TO DETERMINE THE FINAL SALES PRICE PLUS THE COST OF CLOSING. THIS WILL BE 3% OF THE FINAL HAMMER PRICE.
2. Terms of Sale: At the conclusion of the auction, the winning Bidder/Purchaser will be emailed a Real Estate Sales Contract to be executed and returned to scott@witcherauctions.com. Successful Bidder/Purchaser will pay a non-refundable deposit of 10% of the purchase price by wire transfer or certified check to the Auction Company, Witcher Properties trust account with the signed Real Estate Sales Contract by 5:00 pm CST the day after auction conclusion (10/12/2023). The entirety of the remaining balance is due at closing on or before 30 DAYS. This must be completed by 5:00 pm CST the day following the close of the Auction, or receipt of the Contract documents or the purchaser shall be in default.
3. Bidder Verification: Bidder/Purchaser must register to participate in the auction. Witcher Properties will verify all Bidder/Purchaser registrations. If the Auction Company is unable to verify the Bidder/Purchaser and/or the Bidder/Purchaser does not comply with the online terms the bidding rights shall be terminated or extinguished without notice. The Auctioneer may require a proof of funds letter to be submitted prior to or during bidder participation. Deposit is 10% of the high bid and is non-refundable. The deposit is due to the Auction Company by 5:00 pm CST the day after the online auction is concluded via wire transfer or cashier's check. You must provide Proof of Funds to be approved to bid. This can be a letter from your bank, a pre-approval letter or intent to loan from a lender, a screenshot of your bank account, anything to show you have the ability to cover the amount of your bid.
4. Buyer's Premium: A 3% Buyer's Premium will be added to the bid price to determine the final sale price. Example:
Bid Price: $10,000.00
Plus 3% Buyers Premium: $300.00 Total Sale Price: $10,300.00
5. Bidding Format: Bidwrangler and affiliated companies, utilize timed auction events in an online setting. You will need a continuous internet connection. High speed connection is recommended. Our online only real estate auctions also include an auto-extend feature. Any bid placed within 1 minute of the auction ending will automatically extend the auction for an additional 90 seconds from the time the bid is placed. A maximum bid can be placed on any property. For technical assistance please, call Scott Osgatharp - 870-318-5340
Example: If an auction scheduled to end at 4:00 p.m. receives a bid at 3:59 p.m., the conclusion of the auction automatically extends to 4:01.50 p.m. The auto-extend feature remains active until no further bids are received within the 2-minute time frame. The winning Bidder/Purchaser is the final Bidder/Purchaser whose bid has not been raised in the 1-minute time frame.
6. Auction Bid Default: In the event a winning Bidder/Purchaser fails to submit the executed Real Estate Sales Contract as well as the required non-refundable down payment as provided in the Auction Terms, there may be remedies for the seller as a result of default, including legal action for seller's losses.
7. Closing: Closing will occur within 30 days of the auction. The Seller shall convey the property by Warranty Deed or other appropriate deed, free of all encumbrances. The Seller shall pay for their prorated share of property taxes. The Bidder/Purchaser shall be responsible for all other costs of closing and transfer, including survey. Bidder/Purchaser acknowledges that this sale is not contingent upon post sale inspections or financing approval. Any closing that is delayed beyond 30 days without the written authorization of Seller and Auction Company due to any actions or inactions of Bidder/Purchaser or anyone working on behalf of Bidder/Purchaser, including lenders, inspectors, appraisers, etc., will cause Bidder/Purchaser to be considered in breach of contract. Bidder/Purchaser will forfeit all down payment and will be held responsible for any costs incurred by either Auction Company or Seller from the resale of the properties. All legal claims will be properly filed in Cross County, in the State of Arkansas.
8. Agency Disclosure: Witcher Properties, Scott Osgatharp, and all affiliates and partners represent the SELLER in ALL transactions.
9. Disclaimer: All information contained herein is believed to be correct. By Accepting the Terms & Conditions you acknowledge you have read and understand them. The information is being furnished to Bidder/Purchaser for the Bidder/Purchaser's convenience. However, it is the responsibility of the Bidder/Purchaser to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the Bidder/Purchaser's risk. Each Bidder/Purchaser must conduct and rely solely upon their individual investigation and inspection. The property is being sold "AS IS, WHERE IS" with any and all faults. All properties are sold subject to any and all existing matters of record, all easements, and local zoning regulations. There are NO CONTINGENCIES for financing, appraisals, repairs, inspections or any other requirements that may be required by a mortgage company. Please review all information supplied and seek appropriate assistance prior to bidding.
Bidder/Purchaser acknowledges that hardware malfunctions, software malfunctions, viruses and similar issues do occur and are beyond the knowledge, scope, and control of the Auctioneer. We are NOT responsible for your system malfunctions, connection to the Internet or your email stopping any of our emails to you regarding bid confirmations and/or outbid notifications.
Read the descriptions and view photographs carefully. If you have any questions, please call the Agent at 870-318-5340. Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. The property is SOLD AS-IS, WHERE IS; this is an AUCTION and ALL SALES ARE FINAL. Bids cannot be retracted and are binding contracts between Bidder/Purchaser and Auctioneer/Seller. Bidder/Purchaser is accountable to be informed about property and associated costs before bidding. The starting bid is not the Reserve Price. Auctioneer reserves the right to reopen bidding. Auctioneer's decisions will be final. Some auctions have a minimum selling price established by Seller ("Reserve Price"). Except where prohibited by law, Auctioneer may counter bid on behalf of Seller on any property up to the amount of the Reserve Price (and no such bid will result in a sale of the property). If the Reserve Price is not met, Seller is under no obligation to sell the property; however, Seller may accept a bid that is below the Reserve Price at its sole discretion. Auctioneer's decisions will be final.
In the event of a partnership dissolution a partner may bid on a tract or all tracts with the intention of purchasing/closing on the property.
10. Merchantable Title: The Seller shall convey good and merchantable title in fee simple to said property to the Bidder/Purchaser by warranty deed or other appropriate deed, free of all encumbrances. Should the title chain have any issues, both parties agree to extend the closing time for a reasonable length of time to correct the issue. In the event that the title is unmerchantable, then the non-refundable down payment shall be refunded to the Bidder/Purchaser.
11. Changes, Alterations and Announcements: The Auctioneer reserves the right to deny any person admittance to the auction, to postpone or cancel the Auction, to withdraw the property from Auction and to change or alter the terms of the Auction upon announcement prior to or during the course of the Auction sale, without prior notice.
12. Auction subject to Prior Sale: Auction subject to prior sale does not mean it is our intention or goal to sell the property before the auction OR that there is necessarily a listed price posted on the property. Witcher Auctions Farm and Recreational Properties is legally bound to present any and all offers to the Seller at the time they are presented. Although we endeavor not to encourage pre-auction offers unless they are exceptional, we are obligated to present all of them, regardless of when, how or from whom they arrive. Although the intent is to auction the listed property, the ultimate goal is to sell the property for a price satisfactory to the Seller or Court, which has jurisdiction. If the property is sold prior to auction, the Auctioneer will do his best to give notice to all other interested parties.
Scott Osgatharp - 870-318-5340 - Agent
Witcher Auctions Properties
2408 Highway 64, Wynne, AR 72396
870-238-1400
AUCTIONEER: Kirk Witcher AALB#2101
Auction Terms & Conditions - Please Note the Special Terms for Firearms and Real Estate (lot 194).
All items sell AS-IS, WHERE-IS. Preview of items is available any time prior to auction, Monday-Friday, 8am-5pm, and is strongly encouraged. There is no warranty expressed or implied on auction items. Buyer's are responsible for reading descriptions, examining pictures and inspecting items in person to their satisfaction before bidding. All bids are a legally binding contract, and all sales are final.
Contact consent: By registering to bid in this auction, you are giving Witcher Auctions consent to send you marketing messages by text and/or email from time to time. You can unsubscribe at anytime and will no longer receive these alerts.
This is an online only auction.
A credit card is required to register for online bidding. Nothing will be charged to your card UNLESS you fail to pay or make payment arrangements within 48 hours of the auction close. If an invoice remains unpaid after Monday, October 16 at 5pm, Witcher Auctions reserves the right to run the card on file for up to the full amount of all invoices totaling $2,500 or less and for up to a $2,500 deposit all other invoices.
No items will be removed from sale site without receipt of payment in full. Bids placed at this auction are a legally binding contract. All sales are final. Witcher Auctions reserves the right to hold any items from removal until full payment is verified.
**NOTE**: The auction will need to end before items can be invoiced and then paid for / picked up. We will be open all day on Friday and Saturday, October, 13th and 14th, 2023 for payment and pickup of purchases, then Monday-Friday, 8am-5pm as normal afterwards.
ITEM REMOVAL: Loadout will be available on Friday 10/13/23 and Saturday 10/14/23 from 8am - 5pm, then Monday - Friday, 8am-5pm daily. All items are to be removed within 30 days from date of sale. After 30 days, $20 per item, per day storage will be charged. After 60 days, items will be considered abandoned and sold for storage with no refund.
TAXES/FEES: 9.5% Sales tax must be collected unless valid exemption is presented at checkout. 10% Buyer's premium on first $2,500 and 3% on the balance of each item. 5% Administrative fee on all credit card purchases. A $25 Title fee will be charged to the buyer of any titled vehicles. Announcements sale day take precedence over all advertisements.
**Special Firearms Terms**
1. All firearms transfers and accompanying paperwork will take place at: Delta Feed Store, 2010 Falls Blvd, Wynne AR. Hours are M - F 9am - 5pm and Saturday 9am - 2pm
2. All guns and accessories are subject to a buyer's premium of 10% on the first $2,500.00 and 3% on the balance.
3. All firearms are subject to a flat $25.00 FFL Transfer fee in addition to the buyer's premium
4. A paid invoice from the auction will be required to be picked up.
5. The buyer's name on the auction invoice must match your state-issued photo ID and/or concealed carry permit in order to complete transfer.
6. Out-of-state buyers will have to handguns shipped to an FFL in their state; at thier expense. ON-SITE PICKUP IS NOT ALLOWED.
7. A $25.00 processing fee will be charged on each firearm purchased with no exceptions. This fee applies whether you pick it up or have it shipped to another FFL
8.An Arkansas concealed carry permit negates the need for a background check. All other firearm purchases will be required to have a background check. Concealed carry permits MUST be Arkansas-issued in order to be accepted. Out-of-state concealed carry permit holders will be subject to a background check before receiving any firearms.
9. Buyers who do not pass a background check are still liable for the purchase price of the firearm and no refunds will be given.
10. Buyer will not be allowed to assume possession without meeting federal firearm law requirements
**Special Firearms For Real Estate Lot Number 194**
Real Estate Auction
Location: Lot 4 of the Earl Subdivison, West of Colt on SFC 239.
Closing Costs: Winning Bidder to Pay All Closing Costs.
Type: Online-only bidding
Closes: Thursday October 12.
Auction Contacts:
For questions regarding lot or terms call Witcher Properties Agent Scott Osgatharp – 870-318-5340
This is an online-only auction… however pre-auction offers will be considered
Preview is welcome and encouraged anytime during daylight hours prior to bidding.
3% buyer’s premium on the purchase price.
This is a “soft-close” auction – any item that gets a bid in the last 60 seconds will be extended by 90 seconds
A non-refundable 10% deposit of the purchase price will be required by 5:00 pm CST on October 13.
A credit card is required to register but will not be charged unless you instruct us to OR deposit isn’t paid by 5:00 pm CST on October 13.
Please carefully read the Terms and Conditions. This document describes the Bidder/Purchaser's responsibility and many disclosures the Bidder/Purchaser should be aware of. Failure to read and understand these Terms and Conditions is a failure of the Bidder/Purchaser and not a cause to void a bid placed or a contract signed by the Bidder/Purchaser. ALL SALES ARE FINAL.
Auction Terms & Conditions
Witcher Auctions Properties LLC, Kirk Witcher - Auctioneer, AR #2101, Scott Osgatharp – Agent and Witcher Auctions Staff will hereby be known as "Auction Company" throughout this document.
"As Is" "Where Is"
o Due Diligence - It is the Bidder/Purchaser's responsibility to examine the property they are bidding on independently. We have disclosed any known defects. We believe the information provided is factual but not guaranteed. We strongly urge you to perform your own study of the property before placing a bid.
o The information provided in the property information package in regards to the size of the property, or any other factors are estimates only used for the convenience of the Bidder/Purchaser unless confirmed by recent survey. Auction Company is not responsible for exact size amounts.
o All information is believed to be either estimates or to be accurate. Neither the descriptions, nor any oral statements made by the Auction Company, shall be construed as a warranty, either expressed or implied. I, the Bidder/Purchaser, have inspected the property I am bidding on and accept it with any and all faults.
1. Purchase Contract: The property is offered under the specific terms provided in the Real Estate Sales Contract. A sample Real Estate Sales Contract is available upon request.
a. A non-refundable 10% Deposit of final hammer is due to the Auction Company by 5:00 pm CST the day after the online auction is concluded via wire transfer or cashier's check.
Notice to Non-U.S. Citizens: All deposits must be arranged through wire transfers to Witcher Properties. Non-U.S. Citizens' Certified checks will not be accepted.
b. The winning Bidder/Purchaser will be required to sign a binding, non-contingent Real Estate Sales Contract immediately following the auction sale.
c. Bidding Increments are a minimum of $250.00 USD. However, this may change as the Auctioneer sees fit. Bidder/Purchaser may enter a higher amount, but no bids below said amounts can be accepted for the property.
THE BID AMOUNT THAT IS SHOWN AS THE HIGH BID IS WITHOUT A BUYER'S PREMIUM. ALL BIDS WILL HAVE A TIRED BUYER'S PREMIUM ADDED TO DETERMINE THE FINAL SALES PRICE PLUS THE COST OF CLOSING. THIS WILL BE 3% OF THE FINAL HAMMER PRICE.
2. Terms of Sale: At the conclusion of the auction, the winning Bidder/Purchaser will be emailed a Real Estate Sales Contract to be executed and returned to scott@witcherauctions.com. Successful Bidder/Purchaser will pay a non-refundable deposit of 10% of the purchase price by wire transfer or certified check to the Auction Company, Witcher Properties trust account with the signed Real Estate Sales Contract by 5:00 pm CST the day after auction conclusion (10/12/2023). The entirety of the remaining balance is due at closing on or before 30 DAYS. This must be completed by 5:00 pm CST the day following the close of the Auction, or receipt of the Contract documents or the purchaser shall be in default.
3. Bidder Verification: Bidder/Purchaser must register to participate in the auction. Witcher Properties will verify all Bidder/Purchaser registrations. If the Auction Company is unable to verify the Bidder/Purchaser and/or the Bidder/Purchaser does not comply with the online terms the bidding rights shall be terminated or extinguished without notice. The Auctioneer may require a proof of funds letter to be submitted prior to or during bidder participation. Deposit is 10% of the high bid and is non-refundable. The deposit is due to the Auction Company by 5:00 pm CST the day after the online auction is concluded via wire transfer or cashier's check. You must provide Proof of Funds to be approved to bid. This can be a letter from your bank, a pre-approval letter or intent to loan from a lender, a screenshot of your bank account, anything to show you have the ability to cover the amount of your bid.
4. Buyer's Premium: A 3% Buyer's Premium will be added to the bid price to determine the final sale price. Example:
Bid Price: $10,000.00
Plus 3% Buyers Premium: $300.00 Total Sale Price: $10,300.00
5. Bidding Format: Bidwrangler and affiliated companies, utilize timed auction events in an online setting. You will need a continuous internet connection. High speed connection is recommended. Our online only real estate auctions also include an auto-extend feature. Any bid placed within 1 minute of the auction ending will automatically extend the auction for an additional 90 seconds from the time the bid is placed. A maximum bid can be placed on any property. For technical assistance please, call Scott Osgatharp - 870-318-5340
Example: If an auction scheduled to end at 4:00 p.m. receives a bid at 3:59 p.m., the conclusion of the auction automatically extends to 4:01.50 p.m. The auto-extend feature remains active until no further bids are received within the 2-minute time frame. The winning Bidder/Purchaser is the final Bidder/Purchaser whose bid has not been raised in the 1-minute time frame.
6. Auction Bid Default: In the event a winning Bidder/Purchaser fails to submit the executed Real Estate Sales Contract as well as the required non-refundable down payment as provided in the Auction Terms, there may be remedies for the seller as a result of default, including legal action for seller's losses.
7. Closing: Closing will occur within 30 days of the auction. The Seller shall convey the property by Warranty Deed or other appropriate deed, free of all encumbrances. The Seller shall pay for their prorated share of property taxes. The Bidder/Purchaser shall be responsible for all other costs of closing and transfer, including survey. Bidder/Purchaser acknowledges that this sale is not contingent upon post sale inspections or financing approval. Any closing that is delayed beyond 30 days without the written authorization of Seller and Auction Company due to any actions or inactions of Bidder/Purchaser or anyone working on behalf of Bidder/Purchaser, including lenders, inspectors, appraisers, etc., will cause Bidder/Purchaser to be considered in breach of contract. Bidder/Purchaser will forfeit all down payment and will be held responsible for any costs incurred by either Auction Company or Seller from the resale of the properties. All legal claims will be properly filed in Cross County, in the State of Arkansas.
8. Agency Disclosure: Witcher Properties, Scott Osgatharp, and all affiliates and partners represent the SELLER in ALL transactions.
9. Disclaimer: All information contained herein is believed to be correct. By Accepting the Terms & Conditions you acknowledge you have read and understand them. The information is being furnished to Bidder/Purchaser for the Bidder/Purchaser's convenience. However, it is the responsibility of the Bidder/Purchaser to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the Bidder/Purchaser's risk. Each Bidder/Purchaser must conduct and rely solely upon their individual investigation and inspection. The property is being sold "AS IS, WHERE IS" with any and all faults. All properties are sold subject to any and all existing matters of record, all easements, and local zoning regulations. There are NO CONTINGENCIES for financing, appraisals, repairs, inspections or any other requirements that may be required by a mortgage company. Please review all information supplied and seek appropriate assistance prior to bidding.
Bidder/Purchaser acknowledges that hardware malfunctions, software malfunctions, viruses and similar issues do occur and are beyond the knowledge, scope, and control of the Auctioneer. We are NOT responsible for your system malfunctions, connection to the Internet or your email stopping any of our emails to you regarding bid confirmations and/or outbid notifications.
Read the descriptions and view photographs carefully. If you have any questions, please call the Agent at 870-318-5340. Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. The property is SOLD AS-IS, WHERE IS; this is an AUCTION and ALL SALES ARE FINAL. Bids cannot be retracted and are binding contracts between Bidder/Purchaser and Auctioneer/Seller. Bidder/Purchaser is accountable to be informed about property and associated costs before bidding. The starting bid is not the Reserve Price. Auctioneer reserves the right to reopen bidding. Auctioneer's decisions will be final. Some auctions have a minimum selling price established by Seller ("Reserve Price"). Except where prohibited by law, Auctioneer may counter bid on behalf of Seller on any property up to the amount of the Reserve Price (and no such bid will result in a sale of the property). If the Reserve Price is not met, Seller is under no obligation to sell the property; however, Seller may accept a bid that is below the Reserve Price at its sole discretion. Auctioneer's decisions will be final.
In the event of a partnership dissolution a partner may bid on a tract or all tracts with the intention of purchasing/closing on the property.
10. Merchantable Title: The Seller shall convey good and merchantable title in fee simple to said property to the Bidder/Purchaser by warranty deed or other appropriate deed, free of all encumbrances. Should the title chain have any issues, both parties agree to extend the closing time for a reasonable length of time to correct the issue. In the event that the title is unmerchantable, then the non-refundable down payment shall be refunded to the Bidder/Purchaser.
11. Changes, Alterations and Announcements: The Auctioneer reserves the right to deny any person admittance to the auction, to postpone or cancel the Auction, to withdraw the property from Auction and to change or alter the terms of the Auction upon announcement prior to or during the course of the Auction sale, without prior notice.
12. Auction subject to Prior Sale: Auction subject to prior sale does not mean it is our intention or goal to sell the property before the auction OR that there is necessarily a listed price posted on the property. Witcher Auctions Farm and Recreational Properties is legally bound to present any and all offers to the Seller at the time they are presented. Although we endeavor not to encourage pre-auction offers unless they are exceptional, we are obligated to present all of them, regardless of when, how or from whom they arrive. Although the intent is to auction the listed property, the ultimate goal is to sell the property for a price satisfactory to the Seller or Court, which has jurisdiction. If the property is sold prior to auction, the Auctioneer will do his best to give notice to all other interested parties.
Scott Osgatharp - 870-318-5340 - Agent
Witcher Auctions Properties
2408 Highway 64, Wynne, AR 72396
870-238-1400
AUCTIONEER: Kirk Witcher AALB#2101
