Lincoln County Tax Deed Auction Terms and Conditions
The following terms and conditions apply to the Lincoln County tax deed sale to be held for the purpose of selling surplus property acquired by Treasurer’s Tax Deed in accordance with SDCL Ch. 10-25 and Ch. 6-13.
1. All sales will be made by auction to the highest bidder. The auction will be conducted via Public Surplus Internet website only, to wit: 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 County may reopen the bidding at a later date that will be announced in this same manner.
2. The Lincoln County Board of County Commissioners or their designee, retains the right to reject any and all bids for any reason, remove any property from the sale at any time prior to the issuance of the Quit Claim Deed, or close the auction at any time.
3. A bidder is legally and financially responsible for all properties bid upon whether acting as one’s self or acting as an agent.
4. All bidders must be 18 years of age or older.
5. All properties are sold “as is”. Research and inspect the property thoroughly prior to bidding. Lincoln County makes no warranties, representations or guarantees, expressed or implied, relative to the title, location, boundaries, description, or condition of the propeAcccountrties for sale. In addition, the County makes no representation, express or implied, that the properties comply with federal, state and local laws, regulations or ordinances.
6. Prospective purchasers are urged to examine the location and desirability of the properties available to their own satisfaction prior to the sale and prior to submitting a bid. The County makes no representation of warranty, nor any guarantee of warranty, either expressed or implied, relative to the usability, location, property lines, topography, physical condition, presence or absence of tenants, address, or fitness for any use or purpose. All properties are offered for sale on a "where is" and "as is" basis without any representation or warranty, expressed or implied. It is the responsibility of the purchaser to do their own research as to whether the property may be subject to liens, encumbrances, or restrictions and whether the property is suitable for their intended use. The properties may not be buildable lots. The County is not responsible for surveying, identifying or locating property boundaries for buyers. The County makes no guarantee, expressed or implied, relative to the title, location or condition of the properties for sale, which include whether a parcel is contaminated with hazardous, toxic, or contamination of any kind from any source, or whether parcels are subject to restrictions based on sensitive areas ordinances, applicable land use laws, or regulations. Bidders are further advised that certain properties may be subject to easements or use restrictions set forth in Covenants, Rights and Restrictions of certain Plats, as well as in zoning and other land use controls. Certain parcels may be designated as “Open Areas”, “Common Space”, “Common Areas”, “Drainage”, “Private Roadway”, or other similar designations, and are subject to restrictions, which may include, but not limited to, prohibitions on placing improvements on such parcels. It is the buyer’s responsibility to determine whether the property is restricted in any manner.
7. As this property was first acquired by the County due to the failure of the previous owner(s) to pay the property taxes, the former owner has 180 days from the time the Tax Deed is recorded to commence an action seeking to recover possession or to avoid the deed.
8. Properties are sold free and clear of liens and encumbrances except those specified herein and except the liens described in SDCL 10-25. Recorded easements are not extinguished by a tax deed sale.
9. Photographs and maps including approximate lot lines (if attached) of an asset are for general representation purposes only. The County is not liable for alleged loss or damages which may result from the purchase of property relied upon via photograph or map.
10. All properties have an estimated total encumbrance assigned to them by the Lincoln County Appraisal Board.
11. The County may require a bid deposit in order to participate in the online auction. This ensures fairness to all bidders.
12. PayMac, a third-party payment processing company, receives all payments for the 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.
13. Payment may only be made online by credit card, or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. If you choose to pay with a credit card, please follow the instructions below. The credit card limit per transaction is $4,000.00. For payments larger than this amount, follow the instructions listed under Wire Transfers.
14. For payments of $4,000.00 or less, to pay by credit card, login to the Public Surplus site, click on the My Stuff link and then click on the Past Bids link. Click on the description of the auction and then click on the Pay Online link located on the right-hand side of the screen. Follow the steps to complete the transaction. A receipt will be emailed to you once the payment has cleared.
15. There will be NO partial payments allowed for an auction. All auctions must be paid in full according to the specified payment process. For example, you WILL NOT be able to partially pay for an auction by Credit Card and pay the remainder by another payment method, such as a wire transfer. All credit card payments must be made using a single credit card.
16. For payments over $4,000.00, a Wire Transfer is required. If you need to do a wire transfer, please email support at buyersupport@publicsurplus.com and ask for wire instructions or request the instructions via live chat. Please follow the instructions exactly to ensure prompt payment.
17. 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.
18. The 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.
19. The County retains the right to reject any and all bids for any reason, removal of any property from the sale at any time, for any reason, prior to the issuance of the title, or close the auction at any time.
20. A bid is an irrevocable offer to purchase property. The County reserves the right to pursue all available legal remedies against a non-paying bidder. Any non-paying bidder may be banned from future auctions.
21. 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.
22. At the conclusion of the sale, after all funds have been collected from the purchaser, Lincoln County will issue and record a Quit Claim Deed transferring the property to the purchaser. Purchaser will be responsible for commencing any quiet title action in the Second Judicial Circuit Court in and for Lincoln County to settle title to the property.
23. At the time of issuance of the Quit Claim Deed, any delinquent taxes, interest and penalties that cannot be paid from the proceeds will be abated and will not be the responsibility of the new property owner. The property remains subject to any claim by the federal government, or claim of the State for taxes, liens, or encumbrances as set forth in SDCL Ch. 10-25. If applicable, the property also remains subject to any lien for past-due installments of special assessments for the financing of municipal improvements levied pursuant to chapter 9-43, including principal and interest on the installments, except as provided by § 9-43-100. At the time of issuance of the Quit Claim Deed, all county liens, mechanic liens, judgments and mortgages are released from the tax deed property and do not follow deed to new owner.
24. The purchaser shall pay a recording fee of $30.00 in addition to the final bid. Collection of the recording fee will be included in the full payment.
25. As between County and Purchaser, Purchaser is entitled to possession of the property at the time of the recording of the Quit Claim Deed, subject to any lawful action by the County.
26. The County will hold any proceeds from the sale in excess of the total encumbrance. Excess funds will be paid to the appropriate person or entity as required by law.
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.