Terms and Conditions

Roles of the Auctioneer

• 1. Marketing and Auction Strategy: Exercise professional judgment and apply maximum effort to market and auction the property effectively. Utilize strategies designed to achieve the highest possible net sale under current market conditions and the specific circumstances of the items being sold.
• 2. Bidder Qualification: Make every effort to thoroughly qualify potential bidders to ensure serious participation and mitigate the risk of non-payment.
• 3. Payment Collection: Collect payments from winning bidders promptly and in compliance with agreed terms and conditions.
• 4. Sales Tax Compliance: Collect and remit applicable sales tax in accordance with state and local regulations.
• 5. Title Transfer Coordination: Facilitate and coordinate the transfer of title or ownership documentation between the Seller and the Buyer, ensuring all legal and administrative requirements are met.
• 6. Proceeds Disbursement: Disburse auction proceeds to the Seller within fifteen (15) business days of the auction’s conclusion, deducting any fees or compensation due to the Auctioneer as per the Agreement.
• 7. Legal and Regulatory Compliance: Adhere to all applicable laws and regulations governing auctions, including securing any required permits, bonds, and insurance.
• 8. Item Representation: Accurately represent the items being auctioned based on the information provided by the Seller and ensure that all descriptions are transparent and truthful.
• 9. Conflict Resolution: Assist in resolving any disputes between the Seller and Buyer, including issues regarding item condition or removal, while acting as a neutral intermediary.
• 10. Technical Support: Ensure the smooth operation of the online auction platform, addressing any technical issues that may arise during the auction process to minimize disruptions.
• 11. Reporting and Transparency: Provide the Seller with detailed post-auction reports, including itemized sale results, buyer information, and financial breakdowns.
• 12. Client Communication: Maintain clear and professional communication with the Seller throughout the entire auction process, providing updates and addressing any questions or concerns promptly.
• 13. Confidentiality: Protect the confidentiality of the Seller’s information and ensure all sensitive data is handled securely.

Roles of the Seller

• 1. Inspection Facilitation: Be available to represent the property and facilitate inspections for potential bidders, ensuring access to items as needed for evaluation.
• 2. Bidder Communication: Respond promptly to bidders' inquiries and provide necessary information about the items being auctioned. Assist in coordinating the release of the property to the Buyer after the auction.
• 3. Accurate Property Disclosure: Disclose the accurate condition of the property to the Auctioneer, including any defects, damages, or other relevant details that may affect the item's value or marketability.
• 4. Encumbrance Disclosure: Notify the Auctioneer of any encumbrances, liens, or other legal claims against the property. Provide supporting documentation as needed to address these issues.
• 5. Ownership Documentation: Supply all necessary title, ownership, and registration documents to the Auctioneer prior to the auction to ensure a smooth transaction.
• 6. Listing Review: Carefully review item listings created by the Auctioneer for accuracy and completeness. Report any inaccuracies or omissions to the Auctioneer immediately to prevent misinformation.
• 7. Timely Property Release: Ensure the property is released to the winning bidder only upon confirmation of full payment, as verified by the Auctioneer.
• 8. Compliance with Auction Terms: Abide by the terms and conditions of the auction agreement, including exclusivity clauses and timelines for property availability.
• 9. Legal and Financial Disclosure: Inform the Auctioneer of any pending lawsuits, bankruptcies, tax liens, or financial obligations that may affect the sale or transfer of the property.
• 10. Support During Disputes: Cooperate with the Auctioneer in resolving disputes with Buyers, particularly regarding property condition or transfer issues.
• 11. Insurance Maintenance: Maintain appropriate insurance coverage for the property until ownership is transferred to the Buyer to protect against potential loss or damage.
• 12. Timely Communication: Maintain clear and proactive communication with the Auctioneer throughout the auction process to ensure smooth operations and address any unforeseen issues promptly.
• 13. Confidentiality and Trust: Protect the integrity of the auction process by refraining from engaging in activities such as shill bidding or providing misleading information.

More Terms & Conditions

• Exclusive Listing:
  • The Seller grants the Auctioneer exclusive rights to sell the item(s) listed in this Agreement.
  • The Seller agrees not to sell or attempt to sell the item(s) privately or through any other venue while under contract with the Auctioneer.
  • If the Seller sells or withdraws the item(s) from the auction after listing, they are obligated to reimburse the Auctioneer in full for all incurred expenses, including but not limited to listing fees, marketing costs, administrative charges, and any other related expenses.
  • Additionally, the Seller will be liable for liquidated damages equivalent to 20% of the item(s)' estimated value or the reserve price, whichever is higher, to compensate for disruption to the auction process.
• Auction Website:
  • The Seller acknowledges that the item(s) will be listed on the Auctioneer's website, AmericanFrontierAuction.com.
  • The Auctioneer will ensure the accuracy of the listings. Any errors or inaccuracies identified by the Seller must be reported to the Auctioneer immediately for correction.
  • The Seller agrees that the Auctioneer retains the right to publish auction results, including item descriptions and final sale prices, on the website and in advertising materials.
• Title Authorization:
  • The Seller authorizes the Auctioneer to act as their agent and grants power of attorney to execute any documents necessary to transfer and clear title to the Buyer.
  • This authorization extends to items sold with a bill of sale or other title-related documentation required for the transaction.
• Right to Postpone:
  • In the event of technical failures, bidding errors, or unforeseen emergencies, the Auctioneer reserves the right to postpone or cancel the auction at their discretion.
  • The Auctioneer may re-list postponed items in a future auction to ensure the completion of the sale process.
• Property Condition:
  • The Seller represents and acknowledges that the property is being sold in "as-is, where-is" condition.
  • The Seller agrees to provide truthful and accurate representations of the property to the Auctioneer for listing purposes.
• Condition Disputes:
  • If a dispute arises between the winning bidder and the Seller regarding the property’s condition, the Auctioneer will assist in resolving the issue as a neutral intermediary.
  • The Seller agrees to cooperate with the Auctioneer during the resolution process but understands that the Auctioneer is not liable for any losses or claims resulting from such disputes.
  • Until possession is transferred to the winning bidder, the Seller remains fully responsible for the property. The Auctioneer strongly advises the Seller to maintain adequate insurance coverage.
• Shill Bidding Prohibited:
  • The Seller acknowledges that it is illegal for either the Seller or the Auctioneer to engage in shill bidding practices, which involve artificially inflating bids to deceive or manipulate potential buyers.
• Collections:
  • The Auctioneer will make all reasonable efforts to collect payment from winning bidders but cannot guarantee payment.
  • The Auctioneer will collect and remit applicable sales tax in compliance with state and local regulations and will absorb any banking fees related to payment collection.
  • The Auctioneer retains any interest or credits earned from collected proceeds while awaiting disbursement.
• Compensation:
  • The Seller agrees to pay the Auctioneer all fees as stated in the Agreement, including any listing fees, commissions, and administrative costs.
  • The Auctioneer may also collect and retain a buyer’s premium of up to 10% of the winning bid amount, in addition to any late payment fees or reasonable administrative charges assessed to winning bidders for collection efforts.
• Release of Items:
  • Upon receiving confirmation of full payment from the Auctioneer, the Seller must release the property to the winning bidder promptly.
  • The Auctioneer will assist in resolving any issues related to the removal or transfer of the property between the Seller and Buyer.
• Jurisdiction:
  • This Agreement is governed by the laws of the State of Texas. Any disputes arising from this Agreement shall be resolved in a court of competent jurisdiction located in Texas.
• Non-Disparagement:
  • The Seller agrees not to make any negative, disparaging, or defamatory statements about the Auctioneer, its representatives, services, or business practices, whether orally or in writing, including on social media or other public platforms.
  • This clause does not prohibit the Seller from making truthful statements as required by law or during the resolution of a dispute through legal or arbitration proceedings.
  • Breach of this clause may result in legal action and the Auctioneer seeking damages for reputational harm or loss of business.
• Additional Provisions:
  • The Seller agrees to provide any necessary cooperation or documentation required by the Auctioneer to ensure the successful sale and transfer of the property.
  • The Seller understands that the Auctioneer is not responsible for any loss or damage to the property prior to transfer and should take reasonable measures to safeguard the item(s) until possession is handed over to the winning bidder.
  • Both parties agree to act in good faith and adhere to all terms outlined in this Agreement.