TERMS AND CONDITIONS OF SALE
1. WITHDRAWAL: The right to withdraw or add any properties to this list is hereby reserved by the Itasca County Land Commissioner.
2. BIDDING PROCESS
A. PROCESS: All listed improved and non-improved properties will be offered for sale to the highest bidder at online auction in two auction periods. In the first auction period, non-improved properties shall be offered at appraised value without restrictions and improved properties shall be offered at appraised value for a period of 30 days only to persons who intend to own and occupy the property as a residence or who intend to use the property for non-commercial personal use. All remaining improved and non-improved tracts not sold during the initial auction period will then be offered at appraised value in the second auction period without restrictions. Tracts must be sold at no lower than the appraised property value specified with the tract number listed for each auction, and bidding will begin at said appraised value for each tract. The county reserves the right to reject any or all bids and to reject any bidder who has defaulted on a land sale contract or is a prohibited bidder as defined on a land sale contract or is a prohibited bidder as defined below. Itasca County may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
B. SALES: All sales are final, and no refunds or exchanges are permitted.
C. ERRORS: Buyer agrees to fully cooperate in adjusting for clerical or scrivener's errors on any documents that are part of this transaction, including, but not limited to, errors related to the amount of the purchase price.
D. 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 are required for closing such as recording fees, deed fees, and deed taxes, which will be due at the time of closing.
E. PAYMENT: For each property sold closing documents and an invoice will be provided by Itasca County to the highest bidder. Payment must be made by certified funds within 30 days.
F. BID DEPOSIT: A $500 refundable bid deposit is required for all bidders through Public Surplus and will apply to all tracts within an auction. This bid deposit must be placed through an electronic wire transfer. You will only need to send in one deposit to participate in all of the county auctions, for this particular land sale. Please see below for more information regarding sending in your deposit. Please be advised that Public Surplus (PayMac) will be collecting and processing your bid deposit; however, Itasca County will be collecting the final payment for the auction. This deposit is non-refundable upon default of any winning bid. The $500 bid deposit will not be credited toward your final payment to Itasca County.
G. BID DEPOSIT WIRE TRANSFER INSTRUCTIONS: Please note that these instructions can be used to remit only your bid deposit to PayMac. In the Memo section of the wire, you MUST put Bid Deposit Itasca County first, then your name or user ID (Not Company Name). Write the full name of the Auction and do not use an abbreviation, such as Auc. An abbreviation will cause the bank to hold the wire. Failure to do this can result in delaying the payment for these items or having the wire sent back to your bank. Please be sure you double check the amount of your payment before you send the wire transfer as the wrong amount will cause significant delay or the payment may be returned to your bank. There may be additional charges from third-party financial institutions to complete a wire transfer. You will be responsible for any and all charges related to wire transfers. PayMac and/or Itasca County will not be liable for these charges. If you would like your Bid Deposit returned by ACH Transfer, to avoid any potential wire transfer fees, please reach out to Buyers Support Chat, located on the home page of Public Surplus at the end of the auction. Wire requests are received Monday - Friday, 9 am - 5 pm. Your deposit may take up to 48 business hours to be processed. Once your payment has been processed you will receive receipt of your payment via email. Please make sure to contact buyer support via chat after the payment is submitted to ensure that Public Surplus can get your user account added to the bidder list as soon as possible. If you have any additional questions or assistance with this process, please contact Public Surplus using the chat function. International Wires or ACH Payments will not be accepted.
H. BUYER WIRE INSTRUCTIONS:
Name of Account Wire Is Being Sent To: PayMac, Inc.
Routing Number: 124001545
Account number: 102908156
Company Information: PayMac, Inc.
Mailing address: 2610 W. Horizon Ridge Pkwy, Ste 205 Henderson, NV 89052
Bank Information: Chase Bank, 1115 S 800 E, Orem, UT 84097
3. ASSESSMENTS: Properties offered for sale may be subject to unpaid assessments. Before purchasing, prospective buyers should consult the City/Town Clerk for all locations, in respect to any unpaid assessments that may exist and may be added back on after purchase. Any municipality or other public authority is authorized to make a reassessment or a new assessment of a property in an amount equal to the remaining unpaid original assessment at the time of forfeiture pursuant to Minnesota Statute 429.071, Subd. 4 and 435.23. Any assessments against the properties for public improvements that were levied after the properties forfeited to the State shall be assessed against the properties and paid for at the time of purchase, pursuant to Minnesota Statute 282.01, Subd. 3.
4. REAL ESTATE TAXES: Forfeited property that is repurchased, or sold at a public or private sale, on or before December 31 of an assessment year shall be placed on the assessment rolls for that years assessment, pursuant to Minnesota Statutes 272.02, Subd. 38(c).
5. ZONING: Properties sold through this auction are subject to local zoning ordinances. 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 permit, if applicable. Itasca County makes no warranty that the properties are buildable. It is the sole responsibility of the prospective buyers to be fully informed prior to purchasing, and the county encourages prospective buyers to contact the local land use and zoning authorities where the properties are located for information about building codes, zoning laws, or other information that affect the properties.
6. PROPERTY BOUNDARIES: Property boundaries shown on any web or paper maps provided by the county are for reference only and are subject to change. Prospective buyers should consult licensed surveyors to determine legal boundaries. Itasca County is not responsible for locating or determining property lines or boundaries.
7. NOTICE OF AWARD: Successful bidders will receive a Notice of Award email from Public Surplus immediately after the sale. The award notice from Public Surplus will not include all fees associated with the sale. Itasca County will send you the final invoice within 48 hours after the sale concludes. Please wait for this invoice to make your final payment.
8. PUBLIC SURPLUS: Requires a 5% Buyers Premium fee for transactional services charged to successful bidders.
9. PROPERTY CONDITION:
A. SOLD AS IS: All land and improvements are sold as is and may not conform to local building and zoning ordinances. Itasca County makes no warranties that the land is buildable, or as to the condition of any buildings, wells, septics, soils, roads or any other thing on the tract. All tracts are being sold with the understanding that the buyer and seller agree to waive disclosures required under Minnesota Statute 513.52 to 513.60, and 103.235 and any associated liabilities. No representation is made as to the condition of the structure, its fixtures or contents, or their suitability for any particular use. It is the sole responsibility of prospective buyers to be fully informed prior to purchasing. Buyers are encouraged to contact the local land use and zoning authority where the properties are located for information about building codes, zoning laws, or other municipal information that may affect a property. Buyers will be required to sign the Buyers As Is Addendum as part of the Terms and Conditions of Sale, which will be available for review prior to the auction.
B. GUARANTEE WAIVER: Itasca 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 of loss or profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.
C. NO DESCRIPTION WARRANTY: Itasca County is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidders responsibility to inspect and satisfy themself as to the details and conditions of the item offered before entering a bid. Itasca County does not attest to the authenticity of any items.
D. TESTING: Buyers are able to obtain authorization from Itasca County to perform soil testing, at their own expense, before purchasing a property. The sale will not be rescinded if soil problems of any type are discovered after the sale.
E. INSPECTION: Bidders may inspect the property prior to bidding. Please contact the Itasca County Land Department at 1177 LaPrairie Avenue, Grand Rapids, MN 55744; phone 218-327-2855 or email RealEstate@co.itasca.mn.us to arrange to see the property for such an inspection.
F. LEAD: Some properties may present exposure to lead form lead-based paint that may place young children at risk of developing lead poisoning. If a bidder is interested in purchasing a single-family dwelling built prior to 1978, bidders have the right to conduct a risk assessment or inspection for lead-based paint hazards at the bidders expense, at least ten (10) days before the sale date. Please contact the Itasca County Land Department at 1177 LaPrairie Avenue, Grand Rapids, MN 55744; phone 218-327-2855 or email RealEstate@co.itasca.mn.us to arrange a time to conduct such assessment or inspection.
G. RADON WARNING STATEMENT: The Minnesota Department of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchasing 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 non-smokers 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. Itasca County has not performed and is not aware of any radon testing on properties 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 buyer of residential tax-forfeited property.
H. TITLE: Neither Itasca County nor the State of Minnesota warrants the condition of title. Buyers will receive documentation regarding purchase at the time of sale and/or the Commissioner of Revenue will issue a deed from the State of Minnesota after full payment is made. Tax forfeiture will create a break in the chain of title. SELLER CONVEYS NON-WARRANTIED TAX TITLE, and the services of an attorney at the buyers expense may be necessary to make the title marketable.
I. HAZARD MATERIALS INDEMNIFICATION: The buyer shall indemnify Itasca County and the State of Minnesota for hazardous environmental contamination arising or resulting from the buyers use and occupancy of the purchased property.
J. HISTORY: Itasca County makes no representations regarding the history or condition of the properties offered for sale. It is the buyers sole responsibility to research the history and condition of any property that buyer wishes to purchase.
10. MORTGAGES AND OTHER LIENS: All sales are subject to existing leases, easements, deed restrictions, covenants, dedications, and rights-of-way holders. Regarding unsatisfied recorded mortgages and other liens, it is advised that all buyers consult a real estate attorney prior to purchasing tax-forfeited properties with unsatisfied mortgages and/or other liens held against them. Some mortgages and liens, other than Federal and State Liens, may be canceled at forfeiture but may be re-instated after sale. It is solely the responsibility of each potential buyer to thoroughly research such information and to check with any mortgage or lien holders on the property.
11. WETLANDS AND FLOODPLAINS: Itasca County has not performed any wetland delineation on properties offered for sale, unless otherwise noted. No refunds will be made due to the presence of wetlands, floodplains, or any other environmental condition that may be present. It is the buyers sole responsibility to research, inspect, and review a property prior to purchasing.
12. RESTRICTIVE COVENANTS: Some non-platted properties listed for sale may contain non-forested marginal land or wetlands as defined in Minnesota Statutes. The deed for these properties will contain a restrictive covenant, which will prohibit enrollment of the properties in a state funded program providing compensation for conservation of marginal land or wetlands. Notice of the existence of non-forested marginal lands or wetlands will be available to prospective buyers upon request.
13. MINERAL RIGHTS: All minerals and mineral rights are reserved by the State of Minnesota upon forfeiture and are retained by the State when a tax-forfeited property is conveyed.
14. LEGAL COUNSEL: In order to protect your legal interests, it is recommended that buyers consult with a real estate attorney regarding title issues, boundary issues, assessments, mortgages and other legal matters related to the property.
15. ACCESS: ITASCA COUNTY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO LEGAL ACCESS TO TAX-FORFEITED PROPERTIES OFFERED FOR SALE. ALL PROPERTIES ARE SOLD AS IS, WITHOUT WARRANTIES OR REPRESENTATION OF ANY KIND.
16. 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. If the buyer fails in the performance of their obligations, Itasca County may exercise such rights and pursue such remedies as are provided by law. The buyer will also lose any bid deposit submitted for participation in the sale.
17. ACCEPTANCE OF TERMS AND CONDITIONS: By submitting a bid, a 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. Itasca County does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment and the provision of services. Prospective bidders who require special accommodation to participate in this sale should inform the Real Estate office as soon as possible and more than three (3) working days before the sale. You may write to the return address shown on this notice or call telephone number 218-327-2855 or TDD 218-327-2806 or 218-327-2847. Questions regarding the sale should be directed to: Itasca County Land Department Real Estate Office, 1177 LaPrairie Avenue, Grand Rapids, MN 55744 (telephone 218-327-2855). RealEstate@co.itasca.mn.us The land sale list is also available on-line at https://www.co.itasca.mn.us/304/Real-Estate.
18. UNSOLD TRACTS: Any tracts which are unsold by said bid deadline may be purchased at not less than the appraised value on a first come basis starting at 8:00 A.M. the first business day following the closing of the second auction period. Sale shall be to the first eligible purchaser providing a signed purchase agreement and full payment for the tract, until such time the County Board or Land Commissioner appears it to be in the public interest to withdraw from sale.