TERMS
FOR THE ONLINE SALE OF TAX FORFEITED LAND
IN
CONTRACT
An award of sale is a contract between the winning bidder and Sibley
County, upon the terms and conditions set forth herein. Sibley 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. SIBLEY COUNTY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES
WITH RESPECT TO ACCESS TO STATE TAX FORFEITED LANDS SOLD.
Sibley 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
Sibley 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.
CONSIDERATION OF BID
Sibley 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 Sibley County per Minnesota Statues 282.016.
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-Treasurer 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. The
minimum bid is equal to the estimate market value or the sum of delinquent
taxes, special assessments, penalties, interests and costs assigned to the
parcel. The county reserves the right
to reject any bidder who has defaulted on a land sale contract.
Zoning
Properties sold by the Sibley 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. All acreage amounts
are approximate unless parcel has been surveyed or platted in a legal
subdivision.
Subject To
All sales are subject to
existing liens, leases, easements, deed restrictions, dedications, and
rights-of-way.
Assessments
Any lands offered for sale may be subject to unpaid assessments against
the property. Before purchasing, any prospective buyer should consult the city
or township clerk and county, in respect to any 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
Sibley 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 may
be exposed to lead-based paint.
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. Elevated radon
concentrations can easily be reduced by a qualified, certified or licensed, if
applicable, radon mitigator. 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. Sibley County has not performed nor is aware of any
radon testing on parcels offered for sale, unless otherwise noted. There are no
radon records available and the radon concentration levels are unknown. Sibley
County is not aware of any radon mitigation systems on any of the residential
properties. 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.
Extra Fees and Costs
The
County Auditor-Treasurer 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 of a State Deed fee of $25.00,
a Deed Recording fee of $46.00, a $100.00 Documentation fee, and a State Deed
tax equal to the greater of $1.65 or 0.33% of the basic sale price will be
emailed to the winning bidder at the close of the auction.
Full Payment
The
successful bidder will be required to remit payment in full to Sibley County
Auditor-Treasurer within ten (10) business days from the date of the Notice of
Award. If payment in full is not received within the required time frame,
Sibley County reserved the right to sell the property to the next highest
bidder or repost the auction.
Access
Sibley
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
Amount Due Upon Sale:
Deed Information form:
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 ten (10) days from close of auction. This form will also note additional fees, etc due and will have the total amount due for the property.
Full Payment:
Full payment of the total sale value.
State Assurance Fee:
3% of total sale price of land and structures. This
percentage is state mandated and goes into the State�s General Fund to cover
losses in the event that the state has to defend its right to forfeit land.
Assessments:
If listed on sale listing as certified, assessments
must be paid in full at the time of sale. Check with the city or township clerk
and county for any additional assessments that existed prior to forfeiture,
which may be re-assessed by the municipality.
Recording Fee:
$46.00 or as set by the Sibley County Recorder.
Deed Fee:
$25.00
Deed Tax:
0.0033 times the purchase price or $1.65 minimum,
whichever is greater.
PAYMENT
REQUIREMENTS
Payment must be made by Cash, Cashier's Check, or
Money Order made payable to Sibley County Auditor-Treasurer.
Previous Default: Payment must be made by certified
funds if purchaser has ever made payment that has been returned non-sufficient
funds (NSF).
CONFLICT OF INTEREST
Sibley County officials and 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 departments of the Sibley County Auditor-Treasurer, Sibley County Court Administrator of the District Court, Sibley County Assessor, Sibley County Board of Commissioners, or the Sibley County Attorney is prohibited.
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, contract documents, 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.
A winning bid by a qualified buyer 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, Sibley County may exercise such rights and pursue such remedies as are provided by law. Additionally, Sibley County reserves the right to sell the property to the next highest bidder or repost the auction.
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.