Thank you for your interest in one of our listings. Please complete the following form and you will be contacted to complete the bidding process
* Property
 
* First Name
 
* Last Name
 
* Contract Name (Name as it will appear on contract/title)
 
* Email Address
 
* Street Address
 
* City
 
* State
 
* Zip Code
 
* Main Contact Phone Number
 
Alternate Contact Number
 
* How did you hear about this listing?
 
* Is the Buyer a real estate agent?
 
* Is the Buyer represented by a broker/agent?
 
* Place Your Bid Here - Total Purchase Price
 
Bid Amount
 
Buyers Premium (10%)
 
* Earnest Money
 
* I agree to the total purchase price shown if my bid is accepted by the seller.
 
* I have read and agree to the Below terms of sale
 
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Terms of Sale

These terms & conditions apply only to properties identified as
"**Online Only**" in our Online Only sale. For the terms &
conditions appropriate to the specific property you are interested in,
please identify the appropriate auction and review those terms &
conditions in detail. Should you have questions, please do not hesitate to
contact our office.
 
Read these terms of sale carefully. By participating in the auction you
agree to these terms and make representations as set out herein. These
terms are legally binding and if you violate any of them, Ranchline and or
assigns and its employees, agents and representatives, hereafter are
referred to as “Auctioneer”) or Seller may seek legal relief, including but
not limited to reporting your conduct to appropriate law enforcement
entities. Please note that these terms include an agreement by which you
indemnify Seller and Auctioneer.
 
Terms of Sale:
 
If your bid on a property is accepted by the seller resulting in a fully
executed contract to purchase a property, you will be required to put
certified funds down as Earnest Money. This is a cash sale and is not
contingent on the buyer’s ability to obtain financing. Earnest Money is not
considered an “Option” payment. You are agreeing to close on the property
once a contract is fully executed by both the Buyer and the Seller. If you
are not certain that you want to purchase the property, do not bid on it.
If you have not inspected the property and desire to do so before
purchasing the property, do not bid on the property until you have
completed your inspection of the property and your own due diligence. Your
Earnest Money deposit for the property will not be refunded under any
circumstances.
 
If you have ever provided a cashier’s check or a personal or company check
for your Earnest Money in one of our sales which has been returned for any
reason, including but not limited to, being declared “NSF,” being drawn on
a closed account, being fraudulent, or having a stop order placed on it,
you are not eligible to participate in any bids and may not participate in
any auction. If despite this notice you participate in the bidding on any
property, your bids will be disregarded.
 
Successful bidders must have adequate financial resources to fulfill bid
commitments. If you bid on a property that results in an executed contract,
you will be contracting to purchase the property for the bid amount.
Further, by participating in the auction you are representing to Auctioneer
and the Seller that you have adequate financing and that you have done
sufficient due diligence to bid on the property and pay the Total Purchase
Price, which is the High Bid plus the Buyer’s Premium. By participating in
the auction, you acknowledge that Auctioneer and the Seller are relying on
your representation of sufficient funding. You further acknowledge by your
participation in the auction that Auctioneer and the Seller will be injured
if you do not have sufficient financing or have not already satisfied
yourself as to the condition of the property and its value, including
losses or resources used to market the property and conduct the auction.
 
The successful bidder for each property shall execute a “Purchase &
Sale Agreement” for each property immediately after the Seller agrees to
the offered price. Copies of this Purchase & Sale Agreement are
available for review.
 
Special note & buyer’s premium fee:
 
A Buyer’s Premium fee of 5% will be added to the final bid amount on each
property sold at this auction. The High Bid amount plus the Buyer’s Premium
equals the final Total Purchase Price.
 
Broker/Agent participation is invited: up to 2.5% commission will be paid
to brokers/agents who represent a purchaser on any auction property (before
the inclusion of the Buyer’s Premium). In order to be paid a commission,
the buyer's broker must do the following:
 
Review the “terms and conditions of sale” with each client you are
representing.
Professionally assist your client by providing relevant advice and
property information.
 
There will be no exceptions. Bidders will be required to acknowledge
buyer-broker relationship when they initially submit their offer through
Bid Now Online. By bidding, each bidder and buyer-broker agree to indemnify
and hold harmless Seller and Auctioneer for any and all claims for
compensation made by any person or entity in connection with the purchase
of a property through Bid Now Online.
NOTE: FOR CERTAIN PROPERTIES NEITHER SELLERS NOR AUCTIONEER WILL PAY
COMMISSIONS TO A BROKER PARTICIPATING IN THE PURCHASE OF THE PROPERTY.
BROKERS MAY NOT REPRESENT THEMSELVES OR ANY IMMEDIATE FAMILY MEMBERS (I.E.
SPOUSE, SIBLINGS, PARENTS, ETC.). IN ADDITION, BROKERS MAY NOT BE A PARTY
TO ANY ENTITY SUCH AS A CORPORATION, BUSINESS, OR TRUST PURCHASING A
PROPERTY. PLEASE CHECK WITH H&M FOR DETAILS ON THE APPLICABILITY OF
THIS FOR THE SPECIFIC PROPERTY YOU ARE INTERESTED IN.
Each step must be completed. If any of these steps have been omitted, the
broker will not be paid a commission.
 
Closing:
 
All properties must close on or before 10 days of seller execution date on
the Purchase & Sale Agreement. All prospective bidders should consider
engaging counsel of their own choosing to examine the commitment for title
insurance and all matters referred to therein as affecting the state of
title of properties on which they intend to bid. Seller and Auctioneer make
no warranties or representations, expressed or implied, written or oral,
with respect to the state of title of any of the properties, the title
company, or of the correctness or completeness of the information contained
in the commitment for title insurance. Seller shall pay all current ad
valorem taxes and condo fees (if any) assessed against the property up to
the date of closing.
 
The Property may be occupied by one or more third parties. It shall be the
sole responsibility of the purchaser prior to bidding or closing on the
Property to conduct their own investigation as to the occupancy of the
Property. Prospective Bidders shall not have any contact with current
occupants of the Property without the seller’s written consent until after
close and funding. As part of this contract, and as set forth in the
attached Addendum to Purchase Agreement for Occupied Properties, Buyer is
assuming the responsibility of all occupants and/or tenants and any
expenses therewith, including, but not limited to, any security deposits or
pre-paid rent As set forth in the Addendum, Buyer shall defend, indemnify
and hold harmless agents, auctioneers, attorneys, sellers, and
representatives from and against any claims, demands, actions or expenses
arising out of any action concerning security deposits and for any eviction
or unlawful detainer or other litigation arising out of occupancy, tenancy
or lease of the Property.
 
 
Auctioneer reserves the right to add or delete any property from this Bid
Now Online auction or to alter the order of sale from that published herein
or elsewhere. Bidders are responsible to perform due diligence, including
but not limited to personal on-site inspection of each property prior to
the auction. All properties sell “as is-where is” with no warranties
expressed or implied. All properties will be conveyed by special warranty
deed, and the owner’s title policy will be an expense of the seller. The
property information set forth herein has not been independently verified
by seller or auctioneer. Its accuracy is not warranted in any way ,
including , but not limited to , information set forth herein concerning
utilities, lease information , zoning , and acreage of parcel and square
footage of improvements and all photographs. Buyer agrees that they are not
relying on the information provided in deciding whether to bid on the
property and have conducted their own due diligence investigation prior to
the auction. There is no obligation on the part of Seller or Auctioneer to
update this information. The Seller and Auctioneer do not have any
liability whatsoever for any oral or written representation, warrants or
agreements relating to the property offered through the Bid Now Online
program.
 
All bids are subject to Seller Approval. There is no minimum starting bid
required on any unit. There is no obligation on the part of the Seller to
accept any high bid or backup bids, and the Seller can receive and consider
multiple bids at the same time. There is no enforceable agreement until the
Purchase & Sale Agreement has been fully executed by both the Seller
and Buyer and the escrow deposit has been receipted by the title company.
 
Agency disclosure:
 
Auctioneer and all licenses employed by or associated with Auctioneer
represent the Seller in the sale of these properties and are licensed New
Mexico Real Estate Brokers acting on their own behalf..
 
Disclaimers:
 
a) The property will be sold by Seller to buyer on an “as is, where is,
and with all faults” basis. Buyer accepts all faults of the property
whether known or unknown, presently existing or that may hereafter arise.
Buyer acknowledges and agrees that the Seller and the Auctioneer have not
made, do not make and specifically negate and disclaims any
representations, warranties, promises, covenants, agreements or guarantees
of any kind or character whatsoever, whether expressed or implied, oral or
written, past, present or future, or, as to, concerning or with respect to:
(i) the value, nature, quality or condition of the property, including,
without limitation, the water, soil and geology; (ii) the income to be
derived from the property; (iii) the suitability of the property for any
and all activities and uses which buyer may conduct therefrom; (iv) the
compliance of or by the property or its operation with any laws, rules,
ordinances or regulations of any applicable governmental authority or body;
(v) the habitability, merchantability, marketability, profitability or
fitness for a particular purpose of the property; (vi) the manner or
quality of the construction or materials, if any, incorporated into the
property; (vii) the manner, quality, state of repair of the property;
(viii) the existence of any view from the property or that any existing
view will not be obstructed in the future; or (ix) any other matter with
respect to the property, and specifically, without limitation, that Seller
has not made, does not make, and specifically disclaims any representation
regarding compliance with the Americans with Disabilities Act or with any
environmental protection, pollution or land use laws, rules, regulations,
orders or requirements, including solid waste (as defined by the U.S.
Environmental Protection Agency regulations at 40 C.F.R., Part 261), or the
disposal or existence, in or on the property, of any hazardous substance
(as defined by the Comprehensive Environmental Response Compensation and
Liability Act of 1980, as amended, and regulations promulgated there
under).
 
b) Buyer further acknowledges and agrees that having been given the
opportunity to inspect the property, buyer is relying solely on buyer’s own
investigation of the property and not on any information provided or to be
provided by Seller or broker or Auctioneer. Buyer further acknowledges and
agrees that any information provided by or on behalf of Seller with respect
to the property including, without limitation, all information contained in
any property information package previously made available to buyer by
Seller and broker was obtained from a variety of sources and that Seller
and broker and Auctioneer have not made any independent investigations or
verification of such information and make no representation as to the
accuracy or completeness of such information. Bidder acknowledges that
Seller and Auctioneer and their employees, agents, affiliates, and
associates reserve the right to place bids on properties up to the Sellers’
reserve price, if desired, at their sole discretion. Purchaser understands
that Seller shall not tender bids above its reserve price.
 
c) Seller and Auctioneer and their employees, agents, contractors,
officers and directors shall not be liable or bound in any manner by any
oral or written statements, representations or information pertaining to
the property, or the operation thereof, that is furnished by any real
estate broker, agent, employee or other person. Buyer acknowledges that
Seller or an affiliated entity of Seller may have acquired the subject
property by foreclosure or by deed in lieu of foreclosure and, accordingly,
has little or no familiarity therewith. Buyer further acknowledges that
Seller has not constructed or maintained the improvements on the property,
seller makes no representations or warranties with respect to the physical
condition or any other aspect of the property, including without limitation
the structural integrity of any improvements on the property, the
conformity of the improvements to any plans or specifications for the
property that may be provided to buyer, the conformity of the property to
applicable zoning or building code requirements, the existence of soil
instability, past soil repairs, susceptibility to landslides, sufficiency
of under shoring, sufficiency of drainage, or any other matter affecting
the stability or integrity of the land or any buildings or improvements
situated thereon.
 
d) Buyer and anyone claiming by, through or under buyer hereby fully and
irrevocably release Seller and broker and Auctioneer and their respective
employees, officers, directors, representatives and agents from any and all
claims that buyer may now have or hereafter acquire against Seller and
Auctioneer, their employees, officers, directors, representatives and
agents for any cost, loss, liability, damage, expense, demand, action or
cause of action arising from or related to any construction defects,
errors, omissions or other conditions, including environmental matters,
affecting the property, or any portion thereof. This release includes
claims of which buyer is presently unaware or which buyer does not
presently suspect to exist in his favor which, if known by buyer, would
materially affect buyer’s release of Seller and broker and Auctioneer. It
is understood and agreed that the purchase price has been adjusted by prior
negotiation to reflect that the property is sold by the seller and
purchased by buyer subject to the foregoing.
 
e) BUYER ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR ANY CLAIM OR
ACTIONS BASED ON OR ARISING OUT OF INJURIES, INCLUDING DEATH, TO PERSONS OR
DAMAGES TO OR DESTRUCTION OR LOSS OF PROPERTY, SUSTAINED OR ALLEGED TO HAVE
BEEN SUSTAINED BY BUYER, ITS AGENTS, PRINCIPALS AND/OR EMPLOYEES, IN
CONNECTION WITH OR TO HAVE ARISEN OUT OF OR INCIDENTAL TO THE AUCTION,
INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF THIS CONTRACT, REGARDLESS
OF WHETHER SUCH CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN PART UPON
ALLEGED NEGLIGENCE OR NEGLIGENT MISREPRESENTATIONS OF SELLER, AUCTIONEER,
OR THE EMPLOYEES, AGENTS, INVITEES, OR LICENSEES THEREOF. BUYER FURTHER
AGREES TO INDEMNIFY AND HOLD HARMLESS SELLER, AUCTIONEER AND THEIR
REPRESENTATIVES, AND THE EMPLOYEES, AGENTS, INVITEES AND LICENSEES THEREOF
IN RESPECT OF ANY SUCH MATTERS AND AGREES TO DEFEND ANY CLAIM OR SUIT OR
ACTION BROUGHT AGAINST SELLER, AUCTIONEER, AND EMPLOYEES, AGENTS, INVITEES,
AND LICENSEES THEREOF.