Benton County - ONLINE LAND SALES:
Terms and Conditions
CONTRACT
An award of sale is a contract between the winning bidder and Benton County, upon the terms and conditions set forth herein. Benton 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. Benton County MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ACCESS TO STATE TAX FORFEITED LANDS SOLD.
Benton 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.
CONDITIONS:
All properties are sold "As Is." All sales are final and no refunds or exchanges are permitted.
Benton County is not responsible for the location or determining property lines and boundaries.
The County makes no warranty as to the condition of the soil or that the land is "buildable."
All mineral rights are reserved to the State of Minnesota.
INSPECTION
Bidders may inspect the property prior to bidding. Please contact the Benton County Auditor-Treasurer's Office at (320)968-5006 to arrange to see the property for such an inspection
CONSIDERATION OF BID
Benton 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 Benton 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. If parcel is not sold at auction, it will be for sale, over the counter, on a first come, first served basis. The county reserves the right to reject any bidder who has defaulted on a land sale contract.
Zoning
Properties sold by Benton County are subject to local zoning ordinances and the building code. The County makes no warranty that the land is buildable, and it may not conform to local building codes or zoning ordinances or environmental and/or watershed/water conservation issues may affect the property. Please call Benton County Land Services, Planning and Zoning at 320.968.5065 with your environmental and zoning questions.
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 and building permit.
Subject To
All sales are subject to existing liens, leases, easements, deed restrictions, dedications, building restrictions, easements, including rights-of-way, obtained by any governmental subdivision or agency thereof for any public purpose.
Property Taxes
Tax-forfeited properties are exempt from property tax until they are sold. Property taxes will be charged on the land starting the year after it is purchased.
Contact the Benton County Auditor-Treasurer's office at (320)968-5006 for property tax questions or for an estimate.
Property Values and Classification
Contact the Benton County Assessor's Office at (320)968-5019 for questions regarding property values and/or property classifications.
Assessments
Any lands offered for sale may be subject to unpaid assessments against the property. Before purchasing, any prospective buyer should consult either the City or the Town Clerk, depending upon where the property is located to ask about the total of unpaid assessments that may exist. Any assessments against the property for public improvements after the property forfeited to the state shall 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
Benton 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 the Benton County Auditor-Treasurer's office, 531 Dewey St Foley, MN 56329, (320) 968-5006, treasurer@co.benton.mn.us 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. Benton 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.
Access
Benton 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.
Conflict of Interest
Benton County officials/employees are prohibited from using privileged government data obtained through their position to further their own private interests.
Prohibited Purchasers
Minnesota Statute 282.016 lists the prohibited purchasers of tax-forfeited land.
The Benton County Auditor-Treasurer, the Benton County Attorney, Court Administrator of the District Court, County Assessor, or their deputies or employees of such office are prohibited from purchasing tax-forfeited land.
A county auditor may prohibit a person or entity from becoming a purchaser, either personally or as an agent or attorney for another person or entity, of the properties offered for sale if a person owns another property within the county for which there are delinquent taxes owing.
If a person or entity owes delinquent property taxes in Benton County, they must pay the delinquent taxes in full before purchasing tax-forfeited land.
NOTICE OF AWARD
Winning bidders will receive a Notice of Award by email from PublicSurplus.com
They will also be emailed a Deed Information Form upon the close of the auction by the Benton County Auditor-Treasurer's office. This form will also note additional fees and assessments due and will have the total amount due for the property.
This form must be completed and returned to the Benton County Auditor-Treasurer's office within Five (5) business days from the close of auction along with payment in full.
TITLE
The purchaser will receive a Notice of Award at the time or purchase. The Commissioner of Revenue will issue a deed from the State of Minnesota. Allow for four to six weeks for processing. The law provides that this conveyance has the force and effect of a patent from the State. However, tax forfeiture creates a break in the chain of title and services of an attorney may be necessary to make title marketable.
PAYMENT
Amount Due Within Five (5) business days of the sale:
Sale Price:
The total sale price at auction.
Buyer's Premium:
5% of the total sale price. The minimum buyer's premium is $1.
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.
Assessments:
Check with the City or the Town Clerk for any additional assessments of which the County Department conducting the auction is not aware.
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.
Deed Fee:
$25.00
Deed Tax:
$1.65 for sales up to $3,000 or 0.0033 times the total of the purchase price and the buyer's premium.
If payment in full is not made within Five (5) business days of the sale, the parcel will be sold to the next highest bidder. Contract for Deed is not an option.
PAYMENT REQUIREMENTS
Payment must be made by Cashier's Check, Certified Check, Personal Check, or Money Order made payable to Benton County.
Previous Default: Payment must be made by certified funds if purchaser has ever made payment that has been returned non-sufficient funds (NSF).
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, Benton 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.