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Pinnacle Trails Resort RV Lot & Cabin Auction
RV Lot 59
23
RV Lot 59
NOT SOLD (BIDDING OVER), HIGH BID WAS
27,000.00
CAD
This item
WAS NOT SOLD
. Auction date was
2024 Sep 02 @ 19:22
UTC-7 : PDT/MST
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From (Incl.)
To (Excl.)
Increment
0.00
20,000.00
5,000.00
20,000.00
30,000.00
1,000.00
30,000.00
Infinite
500.00
From (Inc.)
To (Exc.)
Premium
0.00
Infinite
10%
This auction's lots have bidding end-times staggered in
intervals of
1 minute
.
When a bid is placed (near the ending time) the lot's bidding end-time will be
extended by
5 minutes
.
Category
Real Estate / Residential - Recreational
Auction Currency
CAD
Start Price
NA
Estimated at
NA
Item Media
- pinnacle_trails_brochure.pdf
Item Description
Location & Preview
BP, Taxes & Fees
Shipping & Payment
Terms
35 Year lease of RV Lot 59 at Pinnacle Trails Resort.
The lot is 2260 sq.ft., can accommodate a 40 ft. RV and has 30 amp power, with 3 season services. This is a smaller lot.
Auction Location:
16201 Highway 16 East, Yellowhead County, Alberta, Canada
Previewing Details:
The RV lots and cabin at Pinnacle Trails Resort, Edson, Alberta, are marked with signs and can be viewed at any time. If you have any questions regarding the sites or the cabin, please visit the resort office.
GST is charged on the Buyer's Premium and payable by the Buyer.
Buyer's Premiums:
From (Incl.)
To (Excl.)
Premium
0.00
Infinite
10%
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
We will contact the winning bidder for payment information immediately after the auction. The following methods of payment will be accepted: VISA, Mastercard, wire-transfer, money order/bank draft and e-transfer. The winning bidder will be liable to pay the purchase price, a buyer's premium equal to 10% of the purchase price, 5% GST on the buyer's premium and the lease, and a 3% credit card processing fee if a credit card is used as method of payment.
UNRESERVED REAL ESTATE AUCTION
BIDDER TERMS AND CONDITIONS
SUMMARY
DEPOSIT:
The Winning Bidder will be required to provide a 10% deposit payable to LOVIG AUCTION GROUP LTD., in
trust. Closing of all Lot purchases will take place on or before September 10, 2024.
BUYER'S PREMIUM:
In addition to the auction price, a Buyer's Premium equal to 10% of the purchase price will be automatically
charged to your credit card if you are the winning bidder. If you wish to avoid the 3% credit card processing fee,
please immediately advise us what method of payment you will use to pay the Buyer's Premium. When we
receive payment for the Buyer's Premium, your credit card will be refunded. If we receive alternate payment
within 72 hours, your credit card will be refunded the amount received.
TAXES:
GST is chargeable on the Buyer's Premium and is payable by the Buyer.
BIDDER TERMS AND CONDITIONS:
These Bidder Terms and Conditions apply to auctions conducted by LOVIG AUCTION GROUP LTD. (“LAG”),
and constitute a legal, valid, binding, and enforceable contract between LAG and YOU. These Bidder Terms
and Conditions form the basis for the contract of purchase and sale between YOU and the Seller.
1.
Auction Conducted Under and In Accordance with These Bidder Terms and Conditions, Additional
Terms and Conditions Posted by LAG, and Announcements Made at the Time of the Auction, and
Applicable Laws; Acceptance of Bidder Terms and Conditions. The Auction is conducted under and in
accordance with these Bidder Terms and Conditions, any and all other Terms and Conditions posted by LAG
(whether at the Auction Site or online), any announcements or corrections made by LAG at the time of the
Auction, and applicable law. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR
OPPORTUNITY TO REVIEW THESE BIDDER TERMS AND CONDITIONS, THAT YOU HAVE READ THESE
BIDDER TERMS AND CONDITIONS, THAT YOU UNDERSTAND THESE BIDDER TERMS AND
CONDITIONS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE BIDDER TERMS
AND CONDITIONS. YOUR participation in the Auction, whether at the Auction Site, online,
telephonically, or through any other means (including Absentee Bid), is further evidence of YOUR
agreement to be bound by, and to abide by, all Bidder Terms and Conditions. Announcements and
postings made by LAG on the day of the Auction are binding and take precedence over any
advertisements or listings.
2. Auction Conducted in the Province of Alberta. The Auction is conducted in the Province of Alberta. The
Property is offered for sale in the Province of Alberta and will be sold in the Province of Alberta.
Notwithstanding YOUR physical location, these Bidder Terms and Conditions are entered into in the
Province Alberta, all bids and payments are received in the Province of Alberta and all contracts between
Seller and Buyer are formed and entered into in the Province of Alberta.
3. Definitions. The following definitions apply to these Bidder Terms and Conditions for each auction
conducted by LAG:
“Absentee Bid” means a bid submitted to LAG by an Absentee Bidder for the execution during the Auction under
terms established by LAG.
Page 1 of 11“Absentee Bidder” means a Bidder that submits an Absentee Bid, whether or not physically present at the
Auction.
“Absolute Auction” or “Absolute” means that Property is sold to the highest bidder regardless of the amount of
the final bid, with no limiting conditions, restrictions, or reservations. This type of auction is also known as an
Unreserved Auction. Provided that a bid is received within a reasonable time after bidding opens on a Property,
the Property will be sold to the highest bidder regardless of the final bid amount. A Property exposed for sale at
Absolute Auction may be withdrawn by LAG if a bid is not received within a reasonable time after bidding opens
on the Property. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY LAG IN WRITING, ALL LOTS ARE
BEING EXPOSED FOR SALE AT ABSOLUTE AUCTION OR WITHOUT RESERVE.
“Auction Administration Fee” is a non-refundable administrative fee calculated as a percentage of the Purchase
Price, plus federal goods and services tax (“GST”) that is payable by the Buyer to LAG for LAG’s own account.
The Auction Administration Fee is earned by LAG, and becomes LAG’s property, at the Fall of the Hammer.
“Bidder” means any person or entity, and the agents or representatives of any such person or entity, that
registers, and/or bids, and/or buys, and/or otherwise participates in the Auction (including, without being limited
to, inspection), regardless of whether such person or entity tenders a bid.
“Bidder Account” means the number or other identifier assigned to a Bidder by LAG or by an Online Auction
Platform Provider. (See, also, Bidder Number).
“Bidder Number” means the number or other identifier issued by LAG to a Bidder for the purposes of identifying
bids to such Bidder. (See, also, Bidder Account).
“Bidder Registration” means the information provided by a Bidder, and the process of registering such Bidder to
bid at the Auction, including the Bidder’s agreement to be bound by these Bidder Terms and Conditions.
“Bidder Terms and Conditions” means LAG’s Bidder Terms and Conditions.
“Buyer” means the Winning Bidder.
“Closing” means the completion on the sale of the Property at which Seller sells, transfers, assigns, and conveys
Seller’s right, title, and interest in the Property to the Buyer, and the Buyer pays the balance of the Purchase
Price.
“Closing Date” means the date on which the Closing occurs.
“Commission” means the amount payable by or on behalf of Seller to LAG for LAG’s services, calculated as a
percentage of the Purchase Price.
“Fall of the Hammer” means the point, after bids have been received, at which LAG declares the Property “sold”
to the Bidder acknowledged by LAG as having made the Winning Bid. During an online auction, the Fall of the
Hammer may occur electronically at the end of timed (or extended) bidding.
“No Sale” occurs if the Property is put up at the Auction but is not sold, and LAG passes, withdraws the Property,
or declares a No Sale.
“Online Auction Platform” means the hardware and software utilized to conduct an auction online and to facilitate
online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and
promotions.
“Online Auction Platform Provider” means the provider of the Online Auction Platform and related services.
“Online Bidding Period” means any established period during which online bids may be tendered.
Page 2 of 11“Participating Broker” means a licensed real estate professional who has (i) registered with LAG prior to the
Auction, (ii) served as a buyer’s broker for the Winning Bidder at the Auction, and (iii) complied with all of LAG’s
requirements.
“Participating Broker Fee” means an amount that is payable to a Participating Broker in accordance with LAG’s
policy and these Bidder Terms and Conditions.
“Private Sale” means an event in which the Property is sold (or gifted) other than at the Auction.
“Private Sale Price” means the fair market price paid, or agreed to be paid, at a Private Sale in an arms- length
transaction between Seller and a purchaser. If the Property is sold through a Private Sale for less than its fair
market value, or in a transaction that is not an arms-length transaction, or is gifted by the Seller, the Private Sale
Price will be an amount equal to the fair market value of the Property in an arms- length transaction.
“Property” means the single or multiple parcels of real estate exposed for sale at Auction by LAG.
“Purchase Agreement” means the contract for the purchase and sale of the Property to be executed at the close
of bidding by the Winning Bidder.
“Purchase Deposit” is the good faith deposit made by the Buyer against the Purchase Price.
“Purchase Price” means purchase and/or lease and the High Bid amount recognized by LAG with the Fall of the
Hammer. GST, property transfer tax, and any similar such taxes or fees will be calculated on the Purchase
Price.
“Registration Package” means all materials provided to, or made available to, Bidders in connection with the
Auction, including documents, brochures, certificates, descriptions, disclosures, waivers, disclaimers,
registration forms, applications, maps, surveys, reports, titles, these Bidder Terms and Conditions and the
Purchase Agreement.
“Reserve” or “With Reserve” means that Property exposed for competitive bidding at the Auction may be
withdrawn by LAG and/or bids may be rejected by LAG prior to the Fall of the Hammer. It is not necessary for
there to be a Reserve Price for an Auction to be With Reserve.
“Reserve Price” means, if applicable, the minimum price that Seller is willing to accept for the Property. If the
Property is subject to a Reserve Price, the Property will not be sold unless the Reserve Price is met or waived. It
is not required for any Reserve Price to be disclosed.
“Seller” means (i) the owner or the Property, or (ii) the person or entity empowered to convey title to the Property.
“Winning Bid” means the highest bid received and accepted.
“Winning Bidder” means the Bidder who is recognized by LAG as having made the Winning Bid.
“Withdrawn,” “Withdrawal,” or “Withdraw” refers to the circumstance in which the Property is removed or
withdrawn from the Auction, or in which it is determined that such Property will not be offered or sold at the
Auction.
“Without Reserve” means Absolute. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY LAG IN
WRITING, NO PROPERTY IS BEING EXPOSED FOR SALE AT ABSOLUTE AUCTION OR WITHOUT
RESERVE.
4.
Bidder Registration; Bidder Qualification. YOU are required to register to bid. LAG may establish such
Bidder Registration requirements and Bidder qualifications, including credit requirements and credit history, as
LAG determines to be reasonably necessary or appropriate. YOU must provide such information (including
identifying information and qualifications) as requested by LAG. LAG may require YOU to provide a valid credit
card and/or other credit information, and LAG may make a nominal charge or place a temporary hold against
Page 3 of 11YOUR credit card for verification purposes. LAG may refuse to accept a Bidder Registration from any potential
Bidder, may refuse to grant bidding privileges to any potential Bidder, and may suspend or revoke the bidding
privileges of any Bidder at any time. By registering to bid, YOU represent to LAG that, if YOU are a natural
person, YOU are at least 19 years of age and that YOU are otherwise legally able to enter into a contract. Each
entity (i.e., corporation, limited liability company, or other organization) registering to bid represents that it has the
power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. If bids
are made by or on behalf of an entity, the entity and any individual making the bid will be jointly and severally
liable on account of the bid. YOU acknowledge and agree that YOU have read, understand, and agree to be
bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted at the Auction Site
or on LAG’s website(s), and the terms and conditions posted on the websites of any Online Auction Platform
Provider(s) used by LAG. LAG may, in LAG’s sole and absolute discretion, receive bids from a person or entity
that has not registered to bid and/or has not satisfied all requirements for Bidder Registration, and, by bidding,
such person or entity will be bound by these Bidder Terms and Conditions, any and all other terms and conditions
published by auctioneer (including those posted at the Auction Site or on LAG’s website(s), or otherwise), and
the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by
LAG. BIDDER QUALIFICATION PROVISIONS ARE INTENDED FOR THE BENEFIT OF LAG AND
SELLER, AND CREATE NO RIGHTS OR INTERESTS IN ANY OTHER PERSONS, INCLUDING
COMPETING BIDDERS. LAG AND/OR SELLER MAY (BUT WILL NOT BE REQUIRED TO) WAIVE
ANY BIDDER QUALIFICATION REQUIREMENTS, EITHER GLOBALLY OR ON A CASE-BY-CASE
BASIS.
5.
Access to Auction Site and/or Online Auction Platform; Assumption of Risk; Limitation of Liability.
YOU assume all risks in connection with YOUR participation, or attempted participation, in the Auction, including,
without being limited to, risks arising from or associated with: (i) YOUR presence at the Auction Site; (ii) YOUR
use of any Online Auction Platform utilized by LAG; and/or (iii) any harm, injury, or damage to YOU or YOUR
property resulting from acts other than those caused exclusively by LAG’s gross negligence or intentional
misconduct. YOU further agree that neither YOU nor any person accompanying YOU to, or otherwise visiting, the
Auction Site will attempt to operate or activate any machinery or equipment at the Auction Site without LAG’s
express consent; and, that YOU will assume all liability for property damage and/or personal injury caused by
YOU or YOUR representatives, employees, independent contractors, or agents. YOU acknowledge and agree
that the Auction Site may be a potentially dangerous place that requires YOU to be diligent, alert, and aware at all
times. Flammable, noxious, corrosive, pressurized and otherwise hazardous substances may be present at the
Auction Site. Machinery, equipment, and vehicles may be operated at the Auction Site, and electrical circuits may
be live at the Auction Site. YOU enter the Auction Site at YOUR own risk with notice of the condition and activities
that will be, or have been, conducted at the Auction Site; and YOU assume such risks with respect to YOURSELF
and anyone, including any minor children, accompanying YOU or visiting the Auction Site on YOUR behalf. YOUR
representatives, employees, independent contractors, or agents also assume such risks. No person will have any
claim against LAG and/or Seller, or their respective agents or employees, for any injuries sustained or for
damages to or loss of property that may occur at the Auction Site. Neither LAG nor Seller will be liable for any
damages of any type or nature sustained or claimed by YOU or by any other person or entity in connection with,
or in any way related to, the Auction. YOU waive any and all claims and/or causes of against LAG arising in
connection with, or in any way related to (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online
Auction Platform utilized by LAG; and/or (iii) any harm, injury, or damage to YOU or YOUR property resulting
from acts other than those caused exclusively by LAG’s gross negligence or intentional misconduct.
6.
Nature of the Auction. Unless otherwise stated in writing, the Auction will be an Unreserved Auction. This
means that, once a bid is received on a Property, the Property will be sold to the highest Bidder even if the
highest bid is less than desired or anticipated by the Seller.
Page 4 of 117. Auction Administration Fee. The Auction transaction concerning the purchase of the Property is subject
to an Auction Administration Fee in an amount equal to 10% of the Purchase Price. YOU acknowledge and
agree that if YOU are the Winning Bidder, YOU will pay the Auction Administration Fee to LAG for LAG’s
own account. The Auction Administration Fee may be increased to account for credit card processing fees,
verification fees, wire transfer fees, and/or Online Auction Platform Fees. The Auction Administration Fee
may also be reduced, either globally or on a case-by-case basis, at LAG’s discretion. The Auction
Administration Fee is earned at the Fall of the Hammer and will not be refunded by LAG. If YOU are the
Winning Bidder and YOU default on YOUR obligations as set forth in these Bidder Terms and Conditions,
or otherwise, there will be no set-off or reduction in the Auction Administration Fee even if the Property is
resold. Because the Auction Administration Fee is earned with the Fall of the Hammer, LAG has no
obligation to mitigate damages with respect to the Auction Administration Fee, and YOU acknowledge and
agree that mitigation of damages is not possible.
8.
Online Auction. In addition to all other terms and conditions set forth in these Bidder Terms and
Conditions, the following terms and conditions apply if the Auction is conducted, in whole or in part, online:
(a) Posted Times. Unless stated otherwise, all posted or listed times are intended to reference the local time
zone at the Auction Site. Posted closing times and time displays are approximate. LAG reserves the right,
in LAG's sole and absolute discretion, to close early, extend, reset, or reopen the Auction.
(b) Online Bidding; Maximum Bids. Online bids may be submitted as a single advancing bid or as a
maximum bid, and bidding will advance competitively to the next available increment. If YOU submit a
single advancing bid and YOUR bid is equal to or less than the maximum bid previously
submitted by another Bidder, YOU will be outbid. If YOU submit a maximum bid and a
maximum bid has previously been submitted by another Bidder, bidding will advance to the
next highest bid increment after which either YOUR maximum bid or the previously submitted
maximum bid has been exhausted, whichever occurs first, and the then-current bid will be
shown at that amount. If YOUR bid is shown as the current high bid and another Bidder
submits a bid (either as a single bid or as a maximum bid), bidding will advance to the next
highest bid increment after which either YOUR maximum bid or the maximum bid of the
competing Bidder has been exhausted, whichever occurs first, and the then-current bid will be
shown at that amount.
(c) Technology Disruptions. YOU acknowledge and agree that the Auction is conducted electronically and
relies on hardware and software that may malfunction without warning. LAG will not be responsible for,
and will suffer no liability for, technology disruptions, errors, or failures (including disruptions to bidding or
the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity,
breakdown, disruption, or failure of the Online Auction Platform(s), (ii) breakdown, disruption, or failure of
a Bidder's internet connection, computer, or system, or (iii) otherwise. LAG may, but will not be required
to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by
technology failures, even after bidding has commenced.
(d) Failures by Online Auction Platform Provider and Its Affiliates or Contractors. Under no
circumstances will LAG be liable for any failure of the Online Auction Platform Provider(s) to perform, or
for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction
Platform Provider(s) to perform regardless of whether such obligations are owing, directly or indirectly,
to LAG, to YOU, to Seller, or otherwise.
(e) Automatic Extension Feature and Rolling Close of the Bidding. Any Online Bidding Period may
include an automatic extension feature. This means that if a bid is entered within a set time period
approaching the end of the established Online Bidding Period, the Online Bidding Period will be
automatically extended for an additional period of time in increments established by LAG, and such
extensions will continue until there is a set period of time that lapses during which no advancing online
bid is received, after which bidding will close.
Page 5 of 11(f) Disclaimer. THE ONLINE AUCTION PLATFORM(S) AND LAG’S WEBSITE ARE PROVIDED ON AN
“AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LAG MAKES NO
REPRESENTATIONS,
WARRANTIES,
OR
GUARANTEES,
AND
DISCLAIMS
ANY
REPRESENTATIONS, WARRANTIES, OR GUARANTEES, (i) THAT THE ONLINE AUCTION
PLATFORM(S) OR ANY RELATED WEBSITE OR TECHNOLOGY WILL BE UNINTERRUPTED,
ERROR FREE OR VIRUS FREE, (ii) AS TO THE RESULTS THAT MAY BE OBTAINED BY USING
THE ONLINE AUCTION PLATFORM OR ANY RELATED WEBSITE OR TECHNOLOGY, OR (iii) AS
TO THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENT NATURE OF
THE ONLINE AUCTION PLATFORM OR ANY RELATED WEBSITE TECHNOLOGY. IF YOU ARE
DISSATISFIED WITH THE AUCTION, OR THE NATURE, CHARACTER, OR FUNCTIONALITY OF
TECHNOLOGY ASSOCIATED WITH THE AUCTION, YOUR SOLE AND EXCLUSIVE RECOURSE
IS TO IMMEDIATELY DISCONTINUE YOUR PARTICIPATION IN THE AUCTION. LAG RESERVES
THE RIGHT TO TERMINATE YOUR BIDDER REGISTRATION, TO SUSPEND OR TERMINATE
YOUR ACCESS TO THE AUCTION, TO IMPOSE LIMITS ON CERTAIN FEATURES OF THE
ONLINE AUCTION PLATFORM, AND/OR LIMIT, RESTRICT, OR TERMINATE YOUR ACCESS TO
THE LAG’S WEBSITE OR TO THE AUCTION WITHOUT NOTICE.
(g) Restrictions on Use. YOU agree that YOU will not use any robot, spider, other automatic device, or
manual process to monitor or copy the Online Auction Platform(s), LAG’s website, any technology
associated with the Auction, and/or any content associated with the Auction. YOU agree that YOU will
not use any device, software or routine to interfere with, or to attempt to interfere with, the proper
functioning of the Online Auction Platform(s), LAG’s website, any technology associated with the
Auction, or any activity being conducted in connection with the Auction. YOU agree that YOU will not
take any action that imposes an unreasonable or disproportionately large load on the Online
Auction Platform(s) and/or LAG’s website and/or online infrastructure. YOU agree that YOU will not
copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Online
Auction Platform(s) and/or LAG’s website. Access and use of any Online Auction Platform is subject to
any and all terms and conditions of the Online Auction Platform Provider(s).
(h) Security of Bidder Account. YOU are responsible for monitoring and maintaining the security of
YOUR Bidder Account information. If, at any time, YOU know or suspect that YOUR Bidder Account has
been hacked, cloned, compromised, or improperly accessed, YOU must notify LAG, in writing,
immediately, and YOU will not be responsible for bids tendered through YOUR Bidder Account after
such notice is received by LAG.
9. Conduct of the Auction. LAG will regulate all matters relating to the conduct of the Auction and LAG’s
decisions will be final and binding. LAG will have control over bidding, may establish and modify bid
increments, and will resolve any and all disputes. LAG may, in LAG’s sole and absolute discretion, reopen
the bidding if (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is
otherwise being terminated, or (ii) after the Fall of the Hammer or other termination of the bidding LAG is
made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding,
or (iii) after the Fall of the Hammer or other termination of the bidding LAG is made aware that LAG and a
bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same
amount bid from different Bidders, or (iv) an online bid, or other bid by a remote Bidder, tendered or
attempted to be tendered prior to the Fall of the Hammer goes unrecognized, or (v) some other bid dispute
arises. Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this
Paragraph. If bidding is reopened pursuant to this Paragraph, the bid recognized by LAG prior to the
reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such
bid will be the Winning Bid. The determination of whether to reopen the bidding is within LAG’s sole and
absolute discretion, and LAG is not required to reopen the bidding. LAG will suffer no liability on account of
LAG’s determination of whether to reopen the bidding or not, and YOU acknowledge and agree that YOU
will have no claim against LAG, and no rights or remedies, based on whether LAG, in an exercise of LAG’s
discretion, reopens the bidding or declines to reopen the bidding to recognize a missed bid. LAG reserves
the right, for any reason, in LAG’s sole discretion, to terminate, change, or suspend the sale of the Property
Page 6 of 11or any aspect of the Auction. Advertised times are estimates provided for convenience only, and LAG will
have no liability with respect to any Property sold before or after an advertised time.
10. Breaks and Recesses. LAG may take breaks or recesses during the bidding on the Property, and such
breaks or recesses will not terminate the bidding unless expressly stated. LAG may suspend bidding on
the Property without declaring a No Sale of the Property. A No Sale of the Property will only occur if LAG
declares a No Sale in those terms, or if the Auction concludes in its entirety without a Winning Bid. If
announced by LAG, the Auction may continue for a stated period of time, during which period LAG may
receive bids in person, telephonically, electronically, online, or by other means.
11. LAG’s Records Conclusive. Absent clerical errors, LAG’s records will be final and conclusive.
12.
Separately Titled Lots. If the Property consists of two or more separately titled lots or strata lots, LAG
may, in LAG’s discretion, put the lots up for bid individually, as an entire group, and by various combinations, and
the bids received by each method will be held until it is determined which method yields the highest aggregate
amount. Bidding may be conducted in multiple rounds, and methods or combinations may be eliminated until the
final method or grouping yielding the highest aggregate amount is determined.
13. Absentee Bids; Remote Bidding. In LAG’s discretion, LAG may receive Absentee Bids and/or bids
tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and
advanced in accordance with LAG’s policies and procedures. LAG will make reasonable efforts to execute
Absentee Bids, but LAG will have no liability to any Absentee Bidder for the failure to execute any
Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that the
Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding
sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its
maximum amount would require LAG to accept a bid that is less than a full bidding increment, LAG has the
sole and absolute discretion to acknowledge or reject such bid. An Absentee Bidder may authorize LAG to
advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or
would be, reached. LAG acts as the agent of the Seller only, and the receipt and/or execution of
Absentee Bids will not create an agency relationship between LAG and any Absentee Bidder.
14. No Bid Retraction; Irrevocable Offer. Without LAG's consent (which consent may be granted or withheld
in LAG's sole and absolute discretion), YOU may not retract or revoke a bid that has been acknowledged
by LAG or that YOU have submitted online. YOU acknowledge and agree that LAG is acting in reliance on
tendered bids in the conduct of the Auction, and that bid retraction: (i) is disruptive and interferes with the
Auction; (ii) may call into question the integrity of the Auction; (iii) may reduce Bidder confidence in the
Auction process; and (iv) may have a negative effect on the Purchase Price, thereby harming the Seller. As
an inducement for LAG to accept YOUR Bidder Registration and to grant YOU the privilege of bidding at
the Auction, and in consideration of the ability to bid at the Auction, YOU agree that, without LAG's prior
consent, YOU will not withdraw or to attempt to withdraw any bid tendered by YOU or on your behalf. YOU
further acknowledge and agree that YOUR bid constitutes an irrevocable offer that will not be terminated by
LAG's solicitation and/or acknowledgment of advancing bids, neither of which constitutes a rejection of
YOUR bid. YOU recognize that if the bidding is reopened for any reason after the Fall of the Hammer, or if
LAG permits the withdrawal of a subsequent advancing bid, YOUR bid may be accepted, and YOU may be
declared the Winning Bidder. If YOUR online bid is not accepted prior to or at the close of bidding, the offer
will terminate 72 hours after the close of bidding.
15. Responsibility for Bids Placed on Bidder Number or Bidder Account. YOU are responsible for all bids
made using YOUR Bidder Number or YOUR Bidder Account, and if YOU tender a bid that is determined by
LAG to be the Winning Bid, or if a Winning Bid is submitted from YOUR computer, or YOUR device, or from
YOUR Bidder Account, YOU will be the Buyer. If YOUR Bidder Number is lost, stolen, or misappropriated,
or if YOUR Bidder Account has been hacked or compromised YOU should notify LAG immediately. YOU
will be liable for all bids tendered using YOUR Bidder Number or Bidder Account prior to giving LAG notice
that YOUR Bidder Number was lost, stolen, or misappropriated or that YOUR Bidder Account was hacked
or compromised.
Page 7 of 1116. Withdrawal of Property by LAG. Unless the Property is, in express written terms, exposed for sale at
Absolute Auction, LAG has the right to withdraw the Property from the Auction at any time prior to the Fall
of the Hammer.
17. Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bid
will be the Buyer.
18. Property Sold “AS IS” and “WITH ALL FAULTS.” THE PROPERTY IS BEING OFFERED AND SOLD IN
ITS AS IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN
DEFECTS OF ANY NATURE. UNLESS EXPRESSLY STATED OTHERWISE, PROPERTY THAT IS
EXPOSED FOR SALE IN ITS “AS IS" CONDITION HAS NOT BEEN INSPECTED, MODIFIED, ALTERED,
OR REPAIRED BY LAG. NEITHER LAG NOR SELLER MAKES ANY REPRESENTATIONS,
WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE
PROPERTY OR ANY PERSONAL PROPERTY CONVEYING WITH THE PROPERTY, INCLUDING,
WITHOUT BEING LIMITED TO, REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE
NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER
ASPECT OR CHARACTERISTICS OF THE PROPERTY OR ANY PERSONAL PROPERTY CONVEYING
WITH THE PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED,
INCLUDING VERBAL STATEMENTS MADE BY LAG, WILL BE DEEMED TO BE A REPRESENTATION,
WARRANTY, OR GUARANTEE BY LAG OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, THERE ARE NO WARRANTIES OF NON-INFRINGEMENT, AUTHENTICITY, ORIGIN,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY
PERSONAL PROPERTY CONVEYING WITH THE PROPERTY, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE NOT
RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR
ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY. IF
THE PROPERTY IS AVAILABLE FOR PRE-AUCTION INSPECTION, YOU ACKNOWLEDGE AND
AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY
PRIOR TO BIDDING, AND YOU ARE RELYING SOLELY ON, OR YOU HAVE WAIVED, YOUR
INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING
THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF THE PROPERTY IS NOT AVAILABLE FOR
PRE-AUCTION INSPECTION, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ARE
KNOWINGLY AND WILLING BIDDING ON THE PROPERTY WITHOUT A PRE-AUCTION
INSPECTION, (ii) YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES
BY LAG OR SELLER, AND (iii) YOU ARE ASSUMING ANY AND ALL RISKS ASSOCIATED
WITH YOUR PURCHASE OF THE PROPERTY WITHOUT A PRE-AUCTION INSPECTION.
19. Pre-Auction Inspection; Due Diligence. By bidding, YOU acknowledge and agree that (i) if the Property
is available for pre-Auction inspection, (A) YOU have had a full and fair opportunity to inspect the Property
prior to bidding, and (B) YOU are relying solely on, or YOU have waived, YOUR inspection and
investigation. If the Property is not available for pre-Auction Inspection, You acknowledge and agree that (i)
YOU are knowingly and willingly bidding on the Property without a pre-Auction inspection, and (ii) YOU are
assuming any and all risks associated with YOUR purchase of the Property without a pre-Auction
inspection. In either case, YOU acknowledge and agree that YOU are not relying on any representations or
warranties by LAG or Seller. YOU, further, acknowledge and agree that any photographs or other images
of the Property are adequate for YOUR purposes. YOU, further, acknowledge and agree that YOU have
had a full and fair opportunity to ask questions and to conduct any and all due diligence that YOU deem to
be necessary or appropriate, and that the responses YOU have received, if any, are adequate for YOUR
purposes. YOU have made all necessary inquiries and investigations regarding the Property, and YOU are
prepared to purchase the Property in its AS IS, WHERE IS condition, with all faults and with no
contingencies. It is YOUR responsibility to obtain and read the Registration Package and any other
materials related to the Property that may be made available by LAG. It is YOUR responsibility to inspect
the Property; review any and all documents and materials related to the Property; assess the accuracy and
completeness of the information made available to YOU; and independently verify and confirm any
estimates, projections, or assumptions relating thereto, none of which may be considered to be
representations, warranties, or guarantees. YOU may select and consult with any and all professional
advisors of YOUR choosing in determining whether to bid at the Auction. YOU acknowledge and agree that
Page 8 of 11YOU have relied exclusively on YOUR own investigation and determinations and the advice of YOUR own
professional advisors, and that YOU have not relied on any information provided by the Seller or the LAG.
20. Foreign Ownership Restrictions/Taxation. Certain Canadian provinces impose foreign ownership
restrictions or additional taxation on the purchase of real property by non-Canadian citizens and non-
qualified Canadian organizations. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO
MAKE ANY NECESSARY ENQUIRIES, INCLUDING, WITHOUT LIMITATION, CONSULTING WITH
LEGAL & TAX ADVISORS, PRIOR TO BIDDING TO ENSURE YOU ARE LEGALLY ELIGIBLE TO
PURCHASE THE PROPERTY.
21. Winning Bidder Subject to Certification by LAG. The final determination of the Winning Bidder will be
made by LAG. Any notification to an online Bidder by email or electronic message (whether generated
manually or automatically) is subject to certification by LAG. Any dispute regarding the identity of the
Winning Bidder will be resolved by LAG, and LAG may reopen the bidding. LAG’s final determination of the
Winning Bidder will be conclusive.
22. Purchase Agreement. If YOU are the Winning Bidder, YOU will execute the Purchase Agreement
promptly on the close of the Auction. The Purchase Agreement is available for review prior to the opening
of the bidding and is incorporated in and made a part of these Bidder terms and Conditions.
23. Purchase Deposit. If YOU are the Winning Bidder, YOU will be required to make a Purchase Deposit
payable to LOVIG AUCTION GROUP LTD., in trust, on execution of the Purchase Agreement, and on the
terms as set out in the Purchase Agreement. The Purchase Deposit will be that sum representing 10% of
the Purchase Price. The Purchase Deposit may be paid in cash or its equivalent, by certified funds, by
credit card (if that service made available by the Seller), or by approved personal or company cheque.
24. No Buyer Contingencies. There will be no Buyer conditions or contingencies to the sale of the Property,
except that Seller will be required to deliver of good and marketable title.
25. Brokerage Fees. Each of the parties represents and warrants to the other that, except for (i) fees payable
to LAG, (ii) brokerage participation fees agreed to by LAG, or (iii) as otherwise expressly set forth in
this Agreement, there are no brokerage, realtor or other fees or commissions due by either of
them concerning the sale and/or purchase of the Property. In the event that any fees or
commissions, of whatever nature, are due and owing, the party incurring the same will have the
sole and exclusive liability for payment. Each party agrees to hold the other safe and harmless
from any and all fees and commissions due or payable in conjunction with the sale and/or
purchase of the Property.
26. Broker Participation. If a Participating Broker who has registered with LAG prior to the Auction produces
the Buyer (whose Bidder Registration indicates that such Buyer is represented by the Participating Broker),
the Participating Broker may be paid a Broker Participation Fee, in an amount and manner established by
LAG.
27. Breach.
(a) Seller’s Breach. If Seller breaches any of Seller’s obligations with respect to the purchase and sale of
the Property, Buyer’s sole and exclusive remedy will be return of the Purchase Deposit and any other
monies actually paid by the Buyer; provided, however, that the Auction Administration Fee is non-
refundable. Notwithstanding the foregoing, if Seller breaches Seller’s obligations under these Bidder
Terms and Conditions or under the Purchase Agreement, the Buyer may seek to recover an amount
equal to the Auction Administration Fee from Seller (not from LAG). Under no circumstances will LAG or
Seller be liable for incidental or consequential damages, including, without being limited to lost profits or
reduced productivity. Specific performance is not available as a remedy to Buyer.
(b) Buyer’s Breach. If Buyer breaches any of Buyer’s obligations, Buyer will forfeit the Purchase Deposit
and any other monies actually paid to Seller or LAG, and will pay all of Seller’s and Auctioneers costs
Page 9 of 11and expenses (including reasonable lawyers’ fees and costs of litigation). If the Property is subsequently
offered for sale (at auction or otherwise), Buyer will be responsible for any and all costs and expenses
incurred with respect there to, including, without being limited to, advertising and labor. Buyer will also
be responsible for any shortfall between the Purchase Price established at the Auction and any
subsequent lower amount for which the Property may be sold. In addition to, and not in lieu of, the
foregoing, if YOU are the Winning Bidder and fail to execute the Purchase Agreement and/or fail to
tender the Purchase Deposit or the Auction Administration Fee, you will forfeit the Registration Deposit,
if any, and LAG may charge YOUR credit card on file in the amount of the Auction Administration Fee,
which amount will be treated as a non-compliance fee but will not relieve YOU of any other damages, or
otherwise limit the remedies available to LAG or Seller. LAG and Seller reserve the right to immediately
expose the Property for sale again on the Winning Bidder’s default.
28.
Returned Cheques. Any cheques that are returned unpaid will be subject to a returned cheque fee in the
amount of $100. In addition to the foregoing, LAG will be entitled to recover, from the issuer of a returned cheque,
all costs and expenses, including lawyers’ fees, for the collection of payment made in the form of a cheque that
has been returned unpaid.
29.
No Stop Payment Orders or Credit Card Chargebacks. YOU agree that YOU will not, under any
circumstances, (i) issue a stop payment order with respect to any cheques issued at or in connection with the
Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. YOU further agree
that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card chargeback is
initiated, these Bidder Terms and Conditions will be conclusive evidence of YOUR (i) waiver of any rights to issue
a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order
or to initiate a credit card chargeback; and YOU acknowledge and agree that on LAG’s presentation of these
Bidder Terms and Conditions to the bank, credit card company, or other financial institution against which a
cheque was drawn or that issued the credit card on which charges were made, such bank, credit card company,
or other financial institution will reverse any stop-payment order and/or reverse or deny any credit card
chargeback, and will re-credit all amounts to or for the account of LAG. If, in violation of these Bidder Terms and
Conditions, YOU issue a stop payment order or initiates a credit card chargeback, YOU, even if successful, will
remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including
lawyers’ fees, incurred by or on behalf of LAG and/or Seller in challenging the stop payment order or credit card
chargeback and in collecting payment. YOU acknowledge and agree that the covenant not to issue a stop
payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number or Bidder
Account, and is being made as an inducement for LAG to accept YOUR Bidder Registration, to issue a
Bidder Number or Bidder Account, and to permit YOU to Bid at the Auction. YOU acknowledge and
agree that LAG is relying on the covenant not to issue a stop payment order or to initiate a credit card
chargeback in accepting YOUR Bidder Registration, in issuing a Bidder Number of Bidder Account, and
in permitting YOU to bid at the Auction.
30. Incidental or Consequential Damages: Specific Performance. YOU will not be entitled to incidental or
consequential damages, including, without being limited to lost profits or reduced productivity for any
reason. YOU will not be entitled to specific performance or other equitable relief for any reason.
31.
Indemnification. YOU agree to indemnify and hold LAG and Seller harmless from any current or future
claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or
injuries to persons or property.
32.
Private Sale. If YOU and Seller enter into an agreement for a Private Sale of the Property prior, during, or
within 90 days after the Auction, LAG will be entitled to receive an amount equal to LAG’s Commission, Auction
Administration Fee, and reimbursable expenses, and YOU will be jointly and severally liable, along with Seller and
any broker(s) or agents(s) participating in the transaction, to pay such amount to LAG. Nothing in this Paragraph
is intended to limit, and nothing in this Paragraph will be construed as limiting, LAG’s recourse to any other
remedies, including damages, whether for tortious interference with a contractual relationship, or otherwise.
33. Agency Disclosure; Relationship of the Parties. LAG (and any appointed Real Estate agent, where
applicable) IS THE AGENT OF THE SELLER ONLY. LAG is not YOUR agent or the agent or any other
Page 10 of 11Bidder. LAG does not represent YOU or any other Bidder. Unless expressly stated otherwise, LAG is not
the Seller and is not a partner or co-venturer of the Seller.
34. Mailing List. LAG may use Bidder Registration information to notify previously registered Bidders (by email
or otherwise) about future Auctions and events. YOU may opt out of receiving such notifications by
providing written notice to LAG.
35. Audio and Video Recording; Photographs. The Auction Site may be subject to security surveillance,
including video, audio, and photographic recording. Video, audio, and photographic recording may also be
taken by LAG and used on LAG’s website, or, otherwise, in advertising and/or for other commercial
purposes. As a condition to, and in consideration of, YOUR presence at the Auction Site, YOU
acknowledge and agree that such video, audio, and photographic recordings may be made, and that YOU
may be included on such video, audio, and photographic recordings, and YOU consent to the same. YOU
further agree that LAG may use any such images or recordings in advertising and/or for other commercial
purposes on a royalty-free basis with no further consideration or remuneration to YOU.
36. Waiver. CERTAIN PROVISIONS OF THESE BIDDER TERMS AND CONDITIONS ARE FOR THE
EXCLUSIVE BENEFIT OF LAG AND/OR SELLER(S). SUCH PROVISIONS, INCLUDING, WITHOUT
BEING LIMITED TO, BIDDER REGISTRATION AND QUALIFICATION REQUIREMENTS, PAYMENT
TERMS, REMOVAL AND DELIVERY TERMS, AND INSPECTION TERMS, DO NOT CREATE, AND WILL
NOT BE DEEMED TO CREATE, ANY BENEFITS OR RIGHTS IN FAVOR OF ANY OTHER PERSONS,
INCLUDING COMPETING BIDDERS, AND MAY NOT BE ENFORCED BY ANY OTHER PERSONS.
EITHER GLOBALLY OR ON A CASE-BY-CASE BASIS LAG AND/OR SELLER MAY (BUT WILL NOT BE
REQUIRED TO) WAIVE ANY PROVISIONS OF THESE BIDDER TERMS AND CONDITIONS THAT ARE
INTENDED FOR THE BENEFIT OF LAG AND/OR SELLER.
37. Governing Law; Jurisdiction; Venue. These Bidder Terms and Conditions will be governed by and
construed in accordance with the laws of the Province of Alberta. All claims, disputes, and other matters
between the parties will be brought in the courts sitting in and for the Province of Alberta, which courts will
have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other
matters. YOU irrevocably and unconditionally (i) agree that any claim, suit or cause of action relating to the
Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in
the courts sitting in and for the Province of Alberta; (ii) consent to the jurisdiction of such courts for any
such claim, suit or cause of action; (iii) waive any objection that such party may have to the laying of
venue of any such claim, suit or cause of action in such courts; and (iv) waive any objection to the
bringing of such claim, suit, or cause of action in such courts on the grounds inconvenience.
38. Lawyers’ Fees. If YOU breach YOUR obligations under these Bidder Terms and Conditions, LAG and/or
Seller will be entitled to recover all costs and expenses, including lawyers’ fees incurred in enforcing their
respective rights under these Bidder Terms and Conditions.
39. Severability. If any provision set forth in these Bidder Terms and Conditions is determined to be
unenforceable by a court of competent jurisdiction, the remainder of this Agreement will continue to be valid
and enforceable the fullest extent legally permissible, and, to the extent practicable, the offensive provision
may be reformed by the court so as to render it legal, valid, and enforceable, or to, otherwise, accomplish
the intent of the deleted provision as permitted by law.
40. Time is Of the Essence. Time is of the essence with respect to the purchase and sale of the Property.
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