Carver County - ONLINE PROPERTY SALES:
Terms and Conditions
CONTRACT
An award of sale is a contract between the winning bidder and Carver County, upon the terms and conditions set forth herein. Carver County may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
GUARANTEE WAIVER
ALL LAND SALES ARE SOLD AS IS, WITHOUT WARRANTIES OR REPRESENTATION OF ANY KIND. Carver County MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ACCESS TO STATE TAX FORFEITED LANDS SOLD.
If the property is located in the city, potential purchasers are encouraged to contact the city where the property is located for information about building codes, zoning laws, or other municipal information that affects the property.
If the property is located in the township, potential purchasers are encouraged to contact Carver County Land Management Department at (952) 361-1820 to discuss zoning code standards.
Carver County makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale. Buyer is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.
NO DESCRIPTION WARRANTY
Carver County is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. The Agency does not attest to the authenticity of any item.
INSPECTION
Bidders may inspect the property prior to bidding. Please contact Property Tax Department, (952)361-1910 or custsvc@carvercountymn.gov to arrange to see the property for such an inspection.
CONSIDERATION OF BID
Carver County reserves the right to reject any and all bids and to withdraw from sales any of the property listed before a notice of award is delivered. Any person or entity, or entity controlled by such person, is a prohibited purchaser or bidder, if said person or entity is delinquent on real or personal property taxes in Carver County.
If you are interested in purchasing tax forfeited property on public auction, you must pay all of your delinquent taxes prior to purchasing or bidding.
DISCLAIMERS
Withdrawal
The right to withdraw or add any parcels to this list is hereby reserved by the County Auditor and all sales will be considered FINAL.
Bidding
Properties must first be offered at a public auction. All property will be sold to the highest responsible bidder. Bidding will begin at the minimum bid specified on the list. The county reserves the right to reject any bidder who has defaulted on a land sale contract.
Any appraised value listed DOES NOT represent a basis for future taxes, nor does the purchase price reflect the Taxable Market Value of the Property.
Zoning
Properties sold by the Carver County are subject to local zoning ordinances. Please contact your local zoning administrator to obtain copies of these ordinances. No structure or part thereof shall be erected, constructed, moved or structurally altered, and no land shall change in use until the local zoning authority has approved and issued a land use permit.
Subject To
All sales are subject to existing liens, leases, easements, deed restrictions, dedications, and rights-of-way.
Assessments
Any properties offered for sale may be subject to unpaid assessments against the property. Before purchasing, any prospective buyer should consult the City/Town Clerk in respect to any unpaid assessments that may exist. Any assessments against the property for public improvements after the property forfeited to the state may be assessed against the property and paid for at the time of purchase, pursuant to Minnesota Statutes, 282.01, Subd. 3. Any municipality or other public authority is authorized to make a reassessment or a new assessment to a parcel in an amount equal to the remaining unpaid original assessment at the time of forfeiture (Minnesota Stat. 429.071, Subd. 4 and 435.23).
Restrictive Covenants
Some non-platted lands listed for sale may contain non-forested marginal land or wetland as defined in Minnesota Statutes. The deed for these parcels will contain a restrictive covenant, which will prohibit enrollment of the lands in a state funded program providing compensation for conservation of marginal land or wetlands. Notice of the existence of non-forested marginal land or wetlands will be available to prospective bidders upon request.
Wetlands
Carver County has not performed any wetland delineation on parcels offered for sale, unless otherwise noted. No refunds will be made due to presence of wetlands.
Lead
Some properties may present exposure to lead from lead-based paint that may place young children at risk of developing lead-based poisoning. If you are interested in purchasing a single family dwelling built prior to 1978, you have the right to conduct a risk assessment or inspection for lead-based paint hazards, at your expense, at least ten (10) days before the auction close date. Contact Property Tax Department, (952)361-1910 or custsvc@carvercountymn.gov to arrange to see the property for such an inspection or assessment.
Radon
The Minnesota Department of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy, and recommends having the radon levels mitigated if elevated concentrations are found. Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling. Carver County has not performed nor is aware of any radon testing on parcels offered for sale, unless otherwise noted. The county will provide a copy of the Minnesota Department of Health’s Radon in Real Estate Transactions publication to any purchaser of residential tax forfeited property.
Fees
The County Auditor shall charge and collect in full at the time of sale for the State of Minnesota an assurance fee of 3% of the total sale price of the land, timber, and structures. Additional fees such as recording fees, deed fees, and deed taxes will be emailed to the winning bidder at the close of the auction.
Timber
For those parcels for which there is an estimated volume of timber, the value of the timber must be paid in full at the time of purchase, in addition to the down payment stated above. If a parcel with timber sells for more than the list price, the amount bid in excess of the list price will be allocated between the land and the timber in proportion to the respective totals. The amount allocated to timber must be paid in full at the time of purchase.
Access
Carver County MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ACCESS TO STATE TAX FORFEITED LANDS SOLD. ALL LANDS ARE SOLD AS IS, WITHOUT WARRANTIES OR REPRESENTATION OF ANY KIND.
NOTICE OF AWARD
Successful bidders will receive a Notice of Award by email from PublicSurplus.com
BUYER PREMIUM
A Buyer Premium of 5% will be added to the final sale price with a $1 minimum charge per auction to collect payment. The premium will be visible during the bidding process and will be included in the payment required.
PAYMENT
PAYMENT REQUIREMENTS
Payment must be made by Cashier's Check, Certified Check, Personal Check, or Cash made payable to Carver County.
Checks used for payment of the purchase price must clear the bank before a state deed is ordered. The process for a check to clear a bank can take up to 21 days.
A quitclaim deed, which has the characteristics of a patent from the State of Minnesota, will not be ordered until check(s) clear the bank (approximately 21 days).
If a check is returned for insufficient funds, or any other reason as non-negotiable, the sale could be cancelled, and the property may be offered to the second highest bidder or scheduled for a subsequent private sale at the sole discretion of Carver County.
Amount Due Upon Sale:
Winning Bidders will be emailed a Deed Information Form upon the close of the auction. This form must be completed and returned to the Auction Contact within five (5) business days from close of auction. This form will also note additional fees, etc due and will have the total amount due for the property.
Additional fees may include:
State Assurance Fee:
3% of total sale price of land, timber and structures. This percentage is state mandated and goes into the States General Fund to cover losses in the event that the state has to defend its right to forfeit land.
Special Assessments:
Local improvements not yet assessed, and any special assessments levied after forfeiture, but not paid as part of the purchase price at auction, must be assumed by the purchaser.
In addition, any remaining balance of cancelled special assessments that existed prior to the tax forfeiture may be reassessed by the local government.
It is the responsibility of the prospective purchaser to contact the local government to determine special assessments and building restrictions that may affect this property, that may have been cancelled and may be subject to reassessment, and their terms for the payment of such assessments.
Timber Value:
Paid in full at the time of sale. Please note: The timber value increases the same percentage as the sale bids up.
Recording Fee:
$46.00 or as set by the County Recorder. If there is a well on the property, it is an additional $50.00 for well disclosure. Torrens fee if applicable
Deed Fee:
$25.00
Ag Conservation Fee:
$5.00
Processing Fees:
Expiration of Redemption if applicable and set by the County Board.
Sheriff Fee for Service of Documents if applicable and set by the County Board.
Deed Tax:
Purchase price times .0033 if greater than $3,000.00; minimum of $1.65.
CONFLICT OF INTEREST
Carver County officials/employees are prohibited from using privileged government data obtained through their position to further their own private interests.
As per Minnesota Statute 282.016, the direct or indirect purchase of tax forfeited land by individuals employed with the office of the County Auditor, Court Administrator of the District court, County Assessor, or Land and Minerals Department is prohibited.
Persons or entities that have delinquent property taxes for other properties within Carver County are excluded from purchasing tax forfeited properties.
OBLIGATION OF BIDDER
At the time of auction's closing, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with any and all plans, documents (including any addenda), and documents attached to the auction listing.
The failure or omission of any bidder to inspect the site or examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to their bid.
Your bid is the same as a contract - Please only bid on land you are serious about buying. Bogus Bidders will be blocked. A winning bid constitutes a legally binding contract.
DEFAULT
Default shall include (1) failure to observe these terms and conditions; or (2) failure to make good and timely payment; Default may result in termination of the bid contract and suspension from participation in all future sales until the default has been cured.
If the Buyer fails in the performance of their obligations, Carver County may exercise such rights and pursue such remedies as are provided by law.
ACCEPTANCE OF TERMS AND CONDITIONS
By submitting a bid, the bidder agrees that the bidder has read, fully understood, and accepted these Terms and Conditions of Online Sales, and agrees to pay for, if the bid is accepted, by the dates and times specified.
It is understood and agreed that the County’s liability shall be limited by the provisions of Minnesota Statute § 466 and/or other applicable law.
No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, sexual orientation, public assistance status, criminal record, creed ,or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to, discrimination under any and all applicable Federal and State laws against discrimination.