NOTICE TO USERS - It is extremely important that you enter a correct billing address for your debit/credit card as it is on file with the issuing bank. Repeated attempts to authorize requests for payment could show up on the cardholder's account as pending authorizations, even if the transaction resulted in an error due to address verification failure. Neither LASTBIDrealestate.com nor its online service agency will be responsible for overdraft fees incurred due to your use of the online services.

1. A credit or debit card is not required for registration, however is required prior to placing a bid. 
   
2. The credit or debit card will remain registered with your account until 1) the card expires, 2) you add a secondary card and then remove the primary card, or 3) increased fraud prevention settings are implemented by our credit card processing system.
   
3. There is no cost to register or place bids.  
   
4. There will be a temporary hold placed on the credit or debit card you add to your account during validation of the credit or debit card.  
   
5. The amount could range from $.05 to $1.00.  
   
6. The temporary hold will be released by your issuing bank card within 72 hours.  
   

Terms & Conditions for LASTBIDrealestate.com

This is a legal agreement between you, the user or buyer, and The SITE OWNER or Auction Co.
You must be at least 18 years old to bid.

LastBidRealEstate.com (hereinafter referred to as Auction Co.) at its sole discretion, may ban from further use any buyer or seller which Auction Co. believes to have in any way misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Auction Co. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

PAYMENT/NON-REFUNDABLE RESTOCKING FEE: Auction Co. RESERVES THE RIGHT to charge the credit card registered with your account up to 20% as a non-refundable restocking fee (minimum $25.00 charge) based on total purchase price during the auction or immediately following the auction.  The non-refundable restocking fee (minimum $25.00 charge) will be charged when invoices are not paid in full in accordance with the auction specific payments terms. Note that the purchase price is the sum of the bid price, buyer’s premium, buyer's fee, and sales tax if applicable. At which time, all items are considered to be abandoned &/or forfeited to the Auction Co. Auction Co. reserves the right to relist/resell any and all items considered to be abandoned or forfeited when invoice is not paid in full and/or removed completely from auction location within auction specific terms for payment & removal.  We do not accept partial payments. Invoices must be paid in full. All payments must be in U.S. Funds.

ALL PROPERTIES on the auction sell subject to the Seller’s acceptance or rejection of the high bid.

PERSONAL PROPERTY:  Unless specifically stated, no personal property shall be included in the sale of the Real Estate. 

REAL ESTATE TAXES:  The high bidder will be responsible for any future real estate taxes and, in some instances, past real estate  taxes as specified in the Auction Terms. 

UTILITIES:  Many properties sold via this website may have had utilities shut off.  The buyer shall be solely responsible for the re-connection of any desired utilities at their sole cost and obligation. 

NOTICE: BUYER’S PREMIUM: A buyer’s premium will be added to all purchases. This buyer’s premium varies, depending on the auction. The actual buyer’s premium in effect will be noted on the additional information page. You will see this additional information page when you click on the button to view the items that will be selling. You may also call us to find out the exact amount of the buyer’s premium for any auction. Visa, MasterCard & Discover and other credit cards are NOT accepted.

What is PRE-BIDDING?

You can place bids on an item before the auction starts, this is especially helpful if you will not be available on the day of the auction.

When an item status shows as “Pre-Bidding” this simply means that bids placed are not displayed on the auction site until the date the auction is scheduled to open.

Although there may actually be pre-bids placed on the item, an item in pre-bidding status will show # of bids placed as 0 and the current bid (required bid) will show as the opening bid.

You may place a pre-bid through the same process as normal bidding. You can monitor & view your bidding activity on items in pre-bid status from your Watch List.

When you place a pre-bid, if you are notified that your bid is not higher than another user’s pre-bid this means that another bidder(s) has already placed a pre-bid equal to or higher the amount of the pre-bid you are attempting to place. You will need to raise your pre-bid if you want to be in the winning position.

All pre-bids will be tallied and shown when the auction actually begins.

How INCREMENTAL BIDDING Works:

A bid may be placed for any amount equal to or greater than the current required bid amount, which means your bid amount is not required to be an increment of the posted bid increment.

Example:

• Current bid at $10.00 with a bid increment of $5.00.   
• Minimum bid required would be $15.00. 
• A bid may be placed for any amount equal to or greater than $15.00.  
• The bid amount is not required to be in increments of $5.00; therefore a bid could be placed for $17.00 or $76.00 or whatever amount you wish to bid as long as it is equal to or greater than the minimum bid required.  
• The winning bid may end up at any amount. It may not be divisible by the stated increment. The winning bid will be the highest 

Refer to Automatic Bidding section for further explanation of the convenient method of placing an automatic bid.

How AUTOMATIC BIDDING Works: (also known as: max bid, auto bid or proxybid)

Automatic Bidding (auto bid) option makes bidding convenient allowing you to enter the maximum bid amount* that you are willing to bid on an item. Based on your Account Preferences for notification, you may be notified whenever your auto bid increases &/or when it is exceeded.

The auction company or other bidders do not have access to see your auto bid amount. You are the only person that can see your auto bid amount (displayed in your Watch List).

Your auto bid will not “jump” to the maximum amount. The auto bid will increment up only with competing bids until either the item completes with you as the high bidder, or until your auto bid has been exceeded by another bid.

If another bidder already has an auto bid in place when you place your auto bid, the (2) competing auto bids will continue to increment until either the lower auto bid is maxed out; or if both auto bid amounts are the same the auto bid that was placed first will become winning position of the bid.

Example #1:

1. Minimum bid is at $10.00 with a $5.00 bid increment.
2. Bidder #1 places an auto bid for $77.00.   
3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00. 
4. Bidder #2 places an auto bid for $23.00. 
5. Bids would compete with each other as follows: 

 Bidder #1 - $10
 Bidder #2 - $15 
 Bidder #1 - $20 
 Bidder #2 - $23 (maximum auto bid placed) 
 Bidder #1 - $25 (high bid position)   

The high bid is $25 not $28 because Bidder #2’s auto bid was exceeded at an increment other than $5.

Example #2:

1. Minimum bid is $10.00 with a $5.00 bid increment.
2. Bidder #1 places an auto bid of $77.00. 
3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00 
4. Bidder #2 places an auto bid for $25.00 
5. Bids would compete with each other as follows: 

 Bidder #1 - $10
 Bidder #2 - $15 
 Bidder #1 - $20 
 Bidder #2 - $25 (maximum auto bid placed) 
 Bidder #1 - $30 (high bid position) 

The high bid is $30 because Bidder #2’s auto bid was exceeded at an increment equal to $5.

Example #3:

1. Minimum bid is $10.00 with a $5.00 bid increment.
2. Bidder #1 places an auto bid of $25.00. 
3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00 
4. Bidder #2 places an auto bid for $25.00 (same amount as Bidder #1 auto bid) 
5. Bids would compete with each other as follows: 

 Bidder #1 - $10
 Bidder #2 - $15 
 Bidder #1 - $20 
 Bidder #2 - $25 
 Bidder #1 - $25 (high bid position) 
The high bid is $25 with Bidder #1 in high bid position because Bidder #1 placed the $25.00 auto bid before Bidder #2. 

*Buyer’s premium and sales tax will be in addition to the winning bid amount.

Failure to Complete Purchase. All purchases must be completed within the time frames specified in the Auction Terms.  Failure to complete a transaction within those terms will cause you to lose your deposit on the Real Estate.  In addition, all costs, responsibility, and liability for damages for failure to complete a purchase shall be borne by buyer. If for any reason buyers fail to complete their transaction within the time specified, the Auction Co. shall have the right but not the obligation, in its sole discretion, to resell said purchase at buyers sole risk and expense with the buyer being liable for any difference in price and any legal fees, without waiving any rights that Auction Co. or seller may have against buyer.

Seller Bidding: The SELLER, their agent, or the Auction Co. RESERVE THE RIGHT TO BID on the seller's item in order to protect their investment. The auction company, in bidding for the seller as their agent, will only bid on items that require a minimum amount in order to be sold.

Terms: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. BUYER also agrees that any oral representation made by the auctioneer shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Co, or Seller for any errors or omissions.

Posted closing times and displays of Auction Co.'s current time are approximate. Auction Co. reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Eastern Time Zone.Dynamic bidding - The dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 10 minutes of bidding inactivity. Example - An item is bid on at 7:50pm. An auction is scheduled to close at 8:00pm. When this bid is placed the ending time will automatically extend to 8:10pm. When another bid is place at 8:01 the auction will extend until 8:20pm. This will give bidder 19 minutes to place another bid. If no bids are placed this auction will conclude at 8:20pm. The key to your dynamic bidding feature is that the auction extends from the preset closing time in 10 minute intervals, NOT 10 minutes from when you placed your bid.

Auction Co.'s Right to Terminate Purchase. If for any reason Auction Co. is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Auction Co. may terminate the purchase/agreement, in which case Auction Co.'s only liability shall be the return of any monies actually paid or deposited by buyer.

Consent to Suit in Michigan. In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Michigan. Buyer also agrees that venue shall be in Kent County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties’ transaction hereunder.    
The BUYER expressly agrees to indemnify and save the Auction Co., Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Auction Co., or anyone acting in his/her behalf in connection with or arising out of auction, except that the BUYER shall not be responsible to the Auction Co. for damages caused by or resulting from the Auction Co.'s sole negligence. 
Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.

DISCLAIMER OF WARRANTY AND RELEASE 
You expressly agree that use of this Web site is at your sole risk.  Neither the Auction Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site. 
The Site may contain errors, omissions, inaccuracies, or outdated information.  Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site.  Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.  Provider may make any other changes to this Site at any time without notice. 
Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.  PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. 
In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

LIMITATION OF LIABILITIES 
YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Thank you for using this site!   

Please review auction and property specific terms regarding deposits, buyer's premium, buy/sell agreement, etc. 

Privacy Policy for LASTBIDrealestate.com

PRIVACY NOTICE

The online auction operator through whom you are registering uses the Online-Auction Software.com, Inc. bidding platform. When you register on this page, your information is collected, used, and disclosed in accordance with this Privacy Policy. Online-Auction Software.com, Inc. is committed to protecting your privacy.

PRIVACY POLICY

This privacy policy governs your use of the Web site located at the following Web address: www.1800lastbid.com and bid.lastbidrealestate.com. The Web site is owned, operated and/or controlled by the following affiliated company: Online-Auction Software.com, Inc an entity of Miedema Asset Management Group. As used in this privacy policy, the terms “we”, “our” and “us” refer to these companies collectively. This privacy policy also governs the collection, use, and disclosure of information submitted by bidders who register using the Online-AuctionSoftware.com, Inc. bidding platform. This privacy policy is effective upon acceptance in registration for new registering users, and is otherwise effective on November 1, 2009, for all other users. We may from time to time make amendments to this privacy policy. We will post all amendments on this Web page. In addition, when you enter the Web site, there will be a pop-up alert notifying you of any amendments. All amendments take effect 30 days after they are posted. Because data-security technology and data-security law are rapidly evolving, we recommend that you visit this Web page frequently to check for amendments to this policy.

1. Collection. We will collect and store the following Personally Identifiable Information (“PII”) on our servers if you choose to register on our site: your name, your company, your address, your email address, and at least one telephone number. We also request PII and/or login information (which would provide access to your PII) elsewhere on our site, including our login page, bidding page, account update page, and e-mail subscription page. Unless you provide us with your PII, it will not be collected or stored. Once you provide us with your PII, you have consented to the transfer and storage of that information in accordance with the terms of this policy. You can review or change the PII that you provide to us by logging into Your Personal Page, or by contacting us using the information found by clicking the “Contact Us” link on our home page. We may prompt you to make updates to your PII from time to time, but in order to combat “phishing” (a fraudulent tactic employed by criminals to acquire PII), we will request that you make the updates on our site. We will also collect a valid credit card number if you choose to register on our site. Your credit card information will be stored remotely in storage systems owned and/or operated by USA EPay (registered trademarks of GorCorp Inc.), our payment processor, and not on our servers. In addition, we automatically collect certain non-PII relating to your interaction with our site, such as your IP address. Your IP address is stored when you register on our site and every time you place a bid on our site. We use cookies, but purely for your convenience to allow you to remain logged into our site. We will not collect or store any other cookie information stored on your computer. We do not allow third parties to place cookies on your computer.

2. Use. If you provide us with your PII, it will primarily be used for internal business purposes. Your credit card information will be collected to guarantee that you will be able to pay for any items with respect to which you may place the winning bid. Your telephone number will be used in case we need to contact you concerning any bids that you may place. Your address or e-mail address may be used, at your request, to communicate information about upcoming auctions. Your e-mail address or cell phone number may be used, at your request, to send you automatic bidding notifications. You may opt-out of receiving any communications from us either during registration or by within your Account Preferences. Your IP address is used internally for liability purposes to keep a record of each bid's origin. Cookie information will be used purely for your convenience to allow you to remain logged into our site.

3. Disclosure. We will not trade, sell, or rent your PII to third parties, except that we reserve the right to transfer your PII to appropriate third parties in the event that we sell all or part of our business, make a sale or transfer of all or substantially all of our assets, or in the event that we are involved in a merger. In the event that we disclose your information in the course of any such sale, transfer, or merger, your information will remain subject to the terms and conditions of this policy and any amendments thereto. Also, if we do disclose your PII in the course of a sale, transfer, or merger of one of our companies, please be advised that we will continue to store your PII until such time as you request that it be deleted. We will not otherwise make your information available to third parties, except when necessary to assist our service providers and vendors in completing authorized undertakings, and/or where necessary to provide confirmation of purchases to persons or entities who require such information to ensure successful fulfillment of any purchases made on our site. We do, however, reserve the right to disclose user PII without user permission in order to protect our legal rights, to comply with the law or legal process, to protect the integrity of our site, and/or to protect the safety and security of site users and visitors. Internally, your information will only be available to employees who have the proper security clearance.

4. Security. We use a variety of methods to protect your information, both during transmission and after receipt, from unauthorized access, use and disclosure. Any PII that you transmit to us is protected during transmission by Secure Sockets Layer (SSL) technology. SSL technology enables encryption of sensitive information during online transmissions. Any PII that you transmit to us, with the exception of credit card information, is then stored on our database servers. Our database servers are both firewall protected and password protected. In addition, while stored on our database servers, your user password will be encrypted with the 128-bit Advanced Encryption Standard (AES). Our database servers are stored with an off-site agent in secure facilities, and can only be accessed by an authorized representative of our off-site agent. Our off-site agent takes numerous physical security measures to protect our database servers from unauthorized access, including: electronic surveillance by Electronic Protection Systems, Inc.; dedicated network operations center support 24/7/365; security keys to access the server co-location area; and combination locks on doors used to access equipment in the server co-location area. Your credit card information, once collected, is sent to USA EPay (registered trademarks of GorCorp Inc.) (“USA EPay”), for additional storage security. Once your credit card information has been sent to USA EPay, we can make authorized transactions using your credit card, but even we are unable to access your credit card information. USA EPay uses various tools, including encryption technology, to protect confidential data both during the transmission of such data and while such data is being stored. USA EPay also uses software programs to identify unauthorized attempts to upload or modify information stored in its systems, or to otherwise cause damage to its systems. In the event that we elect to use a different payment processor, notice of such election and notice of the payment processor’s data security practices will be posted as amendments to this policy. While we strive to provide a secure data transfer and storage environment, there are always potential security risks when doing business over the Internet. Consequently, we do not represent or guaranty that the information that you transmit to us will remain secure against all unauthorized access or use. You can assist us with our efforts by preventing unauthorized access to your user password and to your computer. You should make sure that you sign off when finished using a shared computer, and you should otherwise take precautions to protect your user password. If your user password becomes compromised for any reason, you should immediately change your password, and notify us.

5. Children’s Privacy. Our Web site is designed for adult use only. We will not intentionally collect children’s PII, but if you believe that we may have done so, please notify us and we will address the issue.

6. Third Parties. We do not control the privacy policies of third parties, so if you disclose your information to third parties, whether bidders, buyers or sellers, in the course of using our Web site, you may be subject to different rules with respect to the collection, use, and disclosure of your information.

If you have any questions regarding our privacy policy and/or our privacy practices that are not answered in this policy, please contact us using the information found by clicking the “Contact Us” link on our home page.