Utah County Terms and Conditions
This sale is in accordance with Utah State Code 59-2 Part 13 and Utah County Ordinance 3.04 Real Property Tax Sale Procedures.
Bid Deposits
Bidders registering for the online auction will be required to pay a deposit for all Tier 2 & 3 auctions in order to place a bid. All deposits require
funds to be wired to Public Surplus via the wiring instructions detailed below. Information about any deposit required will be found in the item description. Bidders may wait to pay deposits until after
the online sale opens in order to ensure that a parcel they are interested in is still on the sale.
Properties will be separated into five tiers.
Parcels are placed into tiers based on total tax due, total market value, property type and/or auction type.
!!!Important Note!!! - Deposits, when required, allow bidders to participate in multiple auctions, depending the deposit paid. Bidders that pay a Tier 2 deposit
will automatically be able to participate in all Tier 1 and Tier 2 auctions. Bidders that pay a Tier 3 deposit will automatically be able to participate in all Tier 3, Tier 2, and Tier 1 auctions. Bidders
not required to pay a deposit for each individual auction they wish to participate in. Bidders should pay the deposit appropriate to the type of properties they wish to bid on. All deposits will go toward
the cost of any winning bid, or will be refunded if no bid is won.
A Tier 4 - Undivided Interested auction is an auction in which an ownership interest in the undivided parcel will be sold to the winning bidder. The process of an undivided interest auction is outlined in
Utah County Ordinance
3.04.060 Criteria For Accepting Or Rejecting Bids, paragraph E and on the
Tax Sale Procedures webpage under "How the Auction proceeds-Undivided Interest Bidding".
A Tier 5 - Preferred Sale auction is an auction that is closed to the general public. Bidders wishing to participate in a preferred bidder auction must pre-qualify for a specific
auction as outlined by Utah County
Ordinance 3.04.080 Criteria For Granting Bidder Preference and on the
Tax Sale Procedures webpage under "How the Auction proceeds-Preferred Sale and Preferred Bidder Status".
Auction Procedures
All sales by auction will be according to the bidding parameters established by Utah County and conducted online through the Public Surplus website only at
www.publicsurplus.com. Auction close times are staggered and can extend in time with a pre-set time increment according to the auction parameters administered by Publis Surplus. All unsold properties are
struck off at the end of the sale and become the property of Utah County to be administered by the Public Works department.
Utah County retains 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.
All bidders are legally and financially responsible for all properties bid upon whether acting on their own behalf or acting as an agent for 3rd party. All bidders must be 18 years of age or older.
Paying a Deposit or a Winning Bid
Acceptable forms of payment are credit/debit card for individual transactions between $1 to $2,499. For transactions $2,500 and above, wire transfer will be
the only acceptable form of payment. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. PayMac, a third-party payment processing company, will receive and process all credit card payments and wire transfers
related to the online auction for Utah County.
Payment for an awarded item must be received within three (3) 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 will not be issued a Tax Deed or Deeds for all properties bid on.
If making a bid deposit by wire transfer, put "Utah County Auditor" in the Memo section of the wire request. If paying for a property or properties won at auction by wire transfer, you MUST put the auction
number(s) (example: Auction# 123456) of the property you are remitting payment for first, then your name or user ID in the memo section of the wire request.
WHEN PAYING BY WIRE TRANSFER DO NOT USE ANY ABBREVIATIONS! For example, write out the word "Auction" and not "Auc" or write out "Utah County" insead of "Ut County" or "Utah Ctny". The use of an
abbreviation will cause the bank to hold the wire. Failure to follow these instructions can result in delays or having the wire sent back to your bank. Please be sure to double check the amount of your
payment before you send the wire transfer as the wrong amount will cause significant delay or payment to be returned. There may be additional charges from your financial institution to complete a wire
transfer. You are responsible for any charges related to wire transfers. International Wires or ACH Payments will not be accepted.
Wire requests are received Monday through Friday, 9 am to 5 pm. Once your payment has been posted you will receive a receipt of your payment by email. If you have any additional questions or need assistance,
please use the live chat or email support at buyersupport@publicsurplus.com.
There will be NO partial payments allowed. If you are the successful bidder and you fail to submit the entire balance due on your auction purchase or purchases per these terms of conditions, you will
forfeit all winning bids and any deposit you paid. Only PAYMENT IN FULL FOR ALL PARCELS will be accepted. Parcels found to be in default will placed for re-sale at a later date or struck off
to Utah County.
View Payment Wiring Instructions
Other General Provisions
Utah 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.
A bid is an irrevocable offer to purchase property
Utah County reserves the right to pursue all available legal remedies against a non-paying bidder. Any non-paying bidder will be banned from future auctions.
All opening bids will be for the total amount of taxes, penalties, interest, and administrative fees. A 9% seller's fee will be deducted from the final bid price of all parcels and is alredy included in the
minimum required opening bid.
In accordance with Utah County Ordinance
3.04.040 Prohibition Of Collusive Bidding
(a) No employee of any County office connected with the Tax Sale may bid on or benefit from property offered for sale, directly or indirectly, except where the employee is the record owner or an
abutting property owner.
(b) Where a business associate or relative of an employee of any County office connected with the Tax Sale desires to participate in the Tax Sale, complete written disclosure of any relationships that might
create the appearance of a conflict of interest must be made prior to the sale. (Ord. No. 1996-07, 04-30-96)
Properties are sold "AS IS" with NO WARRANTIES
Properties sold during the May Tax Sale shall be conveyed by Tax Deed. This form of Deed is not a Warranty Deed. Winning bidders assume all risks related to the property. The County makes no representations,
warranties, or guarantees as to any property sold at the tax sale. By way of example only, and not by way of limitation, the County makes no representation, warranty, or guarantee as to whether the property
exists, is buildable or developable, is subject to claims of other parties, is encumbered by liens, easements, mortgages, trust deeds, tax liens, assessments or other interests, is habitable, complies with
zoning regulations, has access, does not have access, is contaminated or free of contamination, is properly assessed, or is properly described.
Successful bidders assume all risks and liabilities associated with the property including, but is not limited to, additional property tax assessment, existing liens or other encumbrances, or fines levied by
any government agency. Utah County does not provide any information to any prospective buyer beyond what is available through the Utah County website. Prospective buyers are responsible to do all
research they deem necessary to evaluate the properties they are interested in purchasing at the sale. The Utah County Tax Administration office does not provide any advice, legal or otherwise,
to any prospective buyer beyond answering questions related to the procedures of administering the sale.
ALL SALES ARE FINAL!! Utah County does not issue refunds for any reason unless a sale is invalidated by order of the Utah County Commission or another adjudicating body.
Redemption Rights
Delinquent property may be redeemed on behalf of the owner of record by any person at any time prior to the Sale. A person redeeming the delinquent
property must make payment in certified funds to the Utah County Treasurer for the total delinquent amount including taxes, interest, penalties and the administrative costs. Property may only be redeemed up
to the time of the sale. Once the auction has started online, no redemption can be made. Utah State law does not allow for a post-sale redemption period. The IRS has a redemption right to
acquire the property within 120 days of a sale. An active military service member may also have additonal redemption rights.
Exemptions
Property tax relief programs will be canceled on the property effective as of the date of sale. Property taxes for the remainder of the tax year will
be recalculated and billed to the property purchaser. These recalculated taxes are a lien upon the property.
Excess Proceeds
Utah County will hold any proceeds from the sale in excess the total amount of taxes, penalties, interest, administrative fees, and 8% premimum for up to 90 days
from the date the sale is ratified by the Utah County Commission. Excess funds will be paid upon proper application of a claim made in accordance to
Utah County Ordinance 3.04 150 Excess Proceeds.
After the expiration of the 90 days, all unclaimed excess funds are transferred to the Utah State Treasurer, Unclaimed Property Division PO Box 140530, Salt Lake City, UT 84114-0530, (888) 217-1203 or
mycash.utah.gov.
Possession of Property
Utah County will convey title to the property via Tax Deed. The successful bidder may take possession of the property after the payment has been received, the
sale ratified by the Utah County Commission, and the Tax Deed has been recorded. No deed can be issued until the sale has been ratified. Ratification can take place between 60 to 180 days after the sale. A
waiting period is necessary to allow for any potential protest of the sale to be filed and decided prior to ratification by the County Commission. Tax Deeds will be issued in the name of the winning bidder as
provided.
Utah County does not issue Tax Lien Certificates, only Tax Deeds. It is a violation of state law to sell or transfer tax liens to a 3rd party.
Terms of sales are subject to modification. By submitting a bid, you agree to the terms of the sale as posted at the time the bid is submitted.
ALL SALES ARE FINAL. THERE ARE NO REFUNDS.