Sevier County Terms and Conditions
This sale is in accordance with Utah Code for real property currently held by Sevier County and acquired by way of Tax Deeds. All notices and actions required by Utah Codes 59-2-1351 and 59-2-1351.1 have been given.
Bid Deposits
Sevier County may require a bid deposit in order to participate in the online auction. This ensures fairness to all bidders. The bid deposit will be reversed if no default occurs or if the bidder does not win the auction. The deposit will be retained if the successful winning bidder defaults.
Auction
All sales will be made by auction to the highest bidder. The auction will be conducted via Public Surplus Internet website only, https://www.publicsurplus.com. The auction might extend for certain scenarios which are communicated by Public Surplus on each auction page. If a property remains unsold, the Clerk may reopen the bidding at a later date that will be announced in this same manner.
The Sevier County Board of County Commissioners or the Sevier County Clerk retain the right to reject any and all bids for any reason, withdraw any property from the sale at any time prior to the issuance of the Tax Deed, or close the auction at any time.
A bidder is legally and financially responsible for all properties bid upon whether acting as one’s self or acting as an agent. All bidders must be 18 years of age or older.
Payment
PayMac, a third-party payment processing company, receives all payments for Sevier County. Payment for an awarded item must be received within five (5) business days after the date of the Notice of Award of the successful bid. If you are the successful bidder, and you fail to submit any balance due on your auction purchase or purchases per these terms of conditions, you will forfeit your deposit, and you will not become the owner of any of the subject property or properties
Payment may only be
made by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE
ACCEPTED.
Partial Payment
There will be NO partial
payments allowed for an auction. All auctions must be paid in full.
Wire
Transfers
A Wire Transfer is required for all payments. To do
the wire transfer, please email support at
buyersupport@publicsurplus.com
and ask for wire instructions or request the instructions via live
chat. These instructions will be emailed to you. Please follow them
exactly to ensure prompt payment.
If you are the successful bidder and you fail to submit any balance due on your auction purchase per these terms of conditions, you will not become the owner of the subject property and your deposit will not be returned to you. If any party is the successful bidder on multiple parcels, only payment in full for all parcels will be accepted. Selective payments will not be allowed and all transactions will be deemed in default resulting in the parcels being placed for re-offer at a later date, offered to the next highest bidder, or struck off to the County.
Sevier County is not liable for the failure of any device that is not owned, operated, and managed by the county, which prevents a person from participating in any sale. “Device” includes, but is not limited to; computers and other equipment to access the internet, hardware, networks, software applications, and web sites.
The Board of Sevier County Commissioners retain the right to reject any and all bids for any reason, withdraw any property from the sale at any time prior to the issuance of the title, or close the auction at any time.
A bid is an irrevocable offer to purchase property
The Board of Sevier County Commissioners reserves the right to pursue all available legal remedies against a non-paying successful bidder. Any non-paying bidder may be banned from future auctions and have their bid deposits forfeited.
The opening bid includes all delinquent unpaid taxes, interest, penalties, and costs. All fees have been added to the minimum bid, except for the 8% buyer’s premium.
Properties are sold “AS IS” with NO WARRANTIES
Research and Inspect Thoroughly Prior to Bidding
Prospective purchasers are urged to examine the location and desirability of the properties available to their own satisfaction prior to the sale. Sevier County makes no representation of warranty, nor any guarantee of warranty whatsoever, either expressed or implied relative to title conveyed, existence, correctness of ownership, size, boundaries, location, condition, structures or lack of structures upon the land, presence or absence of tenants, liens, titles, whether property is in compliance with zoning ordinances, mining and reclamation regulations, building codes, buildable, developable, or habitable, or any other matter or thing whatsoever. The County also makes no warranties or representations regarding the accuracy of the assessment of the property or the accuracy of the description of the real estate or improvements thereon, the availability, validity, or existence of water rights associated with any of the properties sold during the tax sale, nor as to the purchaser’s right of possession of the property. It is the bidder’s responsibility to determine the liabilities, including other liens and encumbrances that exist on each property before and after the sale; including whether a parcel is contaminated with hazardous, toxic, or contamination of any kind from any source. Properties are sold ‘as is’, and the County is not liable in any way whatsoever for damages sustained to property purchased from the time of the sale until the recordation of the Tax Deed to a purchaser. It is the responsibility of the purchaser to do their own research as to whether the property may be suitable for their intended use, and whether it is restricted in any manner.
Recorded easements are not extinguished by a tax sale. Photographs and maps including approximate lot lines (if attached) of an asset are for general representation purposes only. Sevier County will not assume any liability for alleged loss or damages which may result from the purchase of property relied upon via photograph or map The County is not responsible for identifying or locating for prospective buyers properties that are being auctioned.
Excess Proceeds
The County Auditor will hold any proceeds from the sale in excess of the minimum bid. Excess funds will be paid upon proper application of claim to the former property owner of record. All unclaimed, excess funds are transferred to the Utah State Treasurer, Unclaimed Property Division, P.O. Box 140530, Salt Lake City UT 84114-0530, 888-214-1203 or https://mycash.utah.gov.
Possession of Property
Sevier County will convey title to the property via Tax Deed. This form of deed is not a warranty deed. The successful bidder may take possession of the property after the payment has been received and the Tax Deed has been recorded. The County makes no assurances or warranties regarding legal ownership of the property by the taxpayer who was the subject of the underlying tax lien. The County Auditor has 35 days from the end of the tax sale to record and mail the Tax Deed to the successful bidder.
Sevier County does not issue Tax Lien Certificates, as Utah State is not a Tax Lien state.
TERMS OF SALES ARE SUBJECT TO MODIFICATION. BY SUBMITTING A BID, YOU AGREE TO THE TERMS OF THE SALE AS POSTED AT THE TIME BID IS SUBMITTED.
ALL SALES ARE FINAL. THERE ARE NO REFUNDS.