Auctioneer
This auction will be conducted by Haney Real Estate,
Questions about the auction should be directed to Mike Gatlin, 719.547.8118.
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This auction will be conducted by Haney Real Estate,
Questions about the auction should be directed to Mike Gatlin, 719.547.8118.
view flyer
download property flyer pdf
Auction date and time
The auction will be conducted at 1 p.m. MDT on Saturday, September 1, 2007.
Close of bidding
Internet bidding closes before the auction at 5 p.m. MDT on Friday, August 31.
Property inspection
Open houses will be conducted on Tuesday, August 14 and Tuesday, August 21 from 4 p.m. to 7 p.m. MDT and Sunday, August 19 and Sunday, August 26 from 1 p.m. to 4 p.m. MDT
Cooperation
This auction is being conducted by Gatlin Auction in association with Purple Wave Auction and Haney Real Estate.
Property location
3909 Cherry Creek Lane in Howard, Colorado
Auction location
The auction will be conducted at the property location.
The property sold for a contract price of $232,100.
Enjoy the calm and sweeping, scenic vistas in this mountain hideaway located south of Howard, Colorado in the Sangre de Cristos Range of the Rocky Mountains. This property is surrounded by dense pine forests and is accessible year round. The property sits at 7800ft. elevation.
3909 Cherry Creek Lane
The property features a 2,500sq.ft. three bedroom home, three bedroom guest cottage, two car detached garage and playhouse on 2.85 acres (+/-). The property has a private, domestic well. A year-round creek and spring feeds two ponds located in the surrounding forest. Wildlife and recreational opportunities abound.
Peaceful mountain setting
The split level main home is roomy, providing comfort and utility for large families or entertaining. It features a 24' x 19' master bedroom with deck and picturesque views of the surrounding area. Additional bedrooms and three bathrooms (1/2, 3/4 and full) allow easy accommodation for many people. A living room, family room with fireplace and large open kitchen with sunroom provide plenty of community space when not enjoying the wildlife and natural beauty of the property and surrounding area.
The guest cottage located near the main home allows for increased privacy for your guests and features three bedrooms, a full bathroom, kitchen and unfinished storage upstairs.
2007 taxes are $993.26
3909 Cherry Creek Lane
Thoroughly read the property information document and familiarize yourself with the properties offered and the auction terms and conditions. If you will require financing, please see a lender for pre-qualification. If you have questions about the terms, conditions or purchase agreement, contact our office and speak with one of the auction staff.
Attend an open house/preview and inspect or drive-by each property in which you are interested. Establish a range of value for the property and bid within your limits. We do not recommend that you bid on a property that you have not seen. There is not an inspection period after the auction.
The deposit listed in the terms is due upon being declared the winning bidder on auction day. The deposit is non-refundable.
When preparing a sealed bid, if offered, read through the property information package. It may contain title information, income/expense statements, surveys, and general property information. It will also completely detail the sealed bid process.
All information about the property has been provided by the seller. All bidders must verify all information to their own satisfaction prior to bidding.
Immediately upon completion of the auction, winning bidders will be required to execute an Auction Contract. Please be prepared to close the transaction within 30 days.
Buying real estate at auction is simple and easy.
Good luck in your bidding!
For the properties located at 3909 Cherry Creek Lane in Howard, Colorado, to be auctioned on Saturday, September 1, 2007, a commission will be paid to any properly licensed real estate broker whose buyer is the successful purchaser for this property and who actually closes and pays the total contract sale price for the property. The commission shall be paid as follows:
Three percent commission will be paid on any pre-sale or written opening bid amount shown on the broker participation form, included in this document or available upon request. A one percent commission will be paid on the amount by which the successful high bid at auction, not including the buyer's premium, exceeds the bid amount indicated on the broker participation form.
If an opening bid is not written on the broker participation form, or the form is not submitted according to the terms listed thereon, then a one percent commission will be paid to the broker on the full amount of the successful high bid.
To earn the buyer broker commission, the participating broker must register his or her bidder by completing the broker participation form in full and must fax, mail, or email it to the auctioneer. The form must be received no later than 24 hours prior to the start of the auction.
Download buyer broker participation form
The form should be sent to
Gatlin Auction
805 E. Platteville Blvd.
Pueblo West, CO 81007
bidcalr@msn.com
719.547.8118 phone/fax
Conditions of sale
Everyone must register for a bidding number. The owner warrants to convey
marketable title to the real estate through a limited warranty deed, free from
all encumbrances, liens, or judgments at the time of closing.
Buyer's premium
A 10% buyer's premium will be added to the bid to establish the contract
price the successful bidder must pay. For example, a bid of $100,000 will be
assessed a $10,000 buyer's premium, creating a contract price of $110,000.
Restrictions
The property is sold subject to all city, county, and state laws, ordinances,
and regulations as well as any and all easements, encumbrances, roadways and
restrictions applicable to the property. Seller is placing no restrictions on the
property.
Release
By its acceptance of the deed, buyer shall be deemed to release seller, Haney Real Estate, Gatlin Auction and Purple Wave Auction, Inc. from any and all claims and
liabilities relating to any defect, deficiency of other matter concerning the
property including, without limitation, the quality, condition, quantity, or use
of the property. Sellers, Haney Real Estate, Gatlin Auction and Purple Wave Auction, Inc.
give no warranties of any kind either expressed or implied, with respect to
the condition, merchantability, use size, configuration, design, or suitability of
the property.
Legal courses of action
Bids are a binding offer to enter a contract and you are responsible for
honoring them. Every legal remedy available will be used to ensure buyer's
performance of this contract. Buyer accepts responsibility for and agrees
for buyer and all of buyer's agents, representatives, successors and assigns
to indemnify, defend and hold harmless sellers, Haney Real Estate, Gatlin Auction, Purple
Wave Auction, Inc., their employees, governing body, officers, owners,
affiliates, subsidiaries, directors, agents, and representatives from and
against any and all claims, losses, damages, liabilities, judgments, fees,
costs, and expenses including reasonable attorneys' fees and expenses
related to, arising from, or associated with (I) the sale of the property,
including, but not limited to, personal injuries or property damage incurred
on the sale premises or during removal and transport of any auction item,
(II) buyer's use of Purple Wave Auction, Inc.'s website and (III) a dispute
with another bidder.
Arbitration
For disputes between buyer and seller, Haney Real Estate, Gatlin Auction, and/or Purple
Wave Auction that are not resolved by the parties within ten days after
any party gives notice to the others of its desire to arbitrate the dispute, the
dispute shall be settled by binding arbitration by the American Arbitration
Association in accord with its then-prevailing rules. Such arbitration shall
be conducted in Manhattan, Kansas. Judgment upon the arbitration award
may be entered in any court having jurisdiction. The arbitrator shall have no
power to change the provisions of this agreement. The arbitrator shall consist
of one arbitrator, who must be a real estate attorney actively engaged in the
practice of law for at least the last five years.
Bid rejection
Purple Wave Auction, Inc. reserves the right to reject any and all bids from
any bidder.
Bid retraction
By placing a bid, buyer and all other bidders acknowledge all terms of the
auction and agree not to retract the purchase offer. If a bidder cannot satisfy
the terms of the auction, the bidder should not bid.
Assessment of condition
All bidders, including buyer, should rely solely on personal inspection and
not information listed in this property information document, on the website,
or otherwise provided by Haney Real Estate, Gatlin Auction, Purple Wave Auction or
seller. Any bidder's failure to inspect, or otherwise be fully informed as to the
nature, quality, condition, quantity, and size of any items will not constitute
grounds for any claim, adjustment, refund, termination of the Auction
Contract, or refusal to close the sale.
Auction contract
Please note that the Auction Contract executed by buyer and seller
immediately following the close of the auction will be written based on the
manner in which buyer bids. Buyer will be closing on the tract or combination
of tracts on which buyer is the successful bidder in the final manner in which
buyer bids at the auction.
Real estate brokerage services disclosure
Haney Real Estate, and its auctioneer, Gatlin Auction, represent
the seller in this transaction. They do not represent the buyer in any
manner and they must be completely loyal and faithful to the seller. Haney Real Estate has an exclusive right to the listing for this transaction. All
negotiations must be conducted through Haney Real Estate. Haney Real Estate
is the exclusive agent for the sellers in this transaction. All successful
bidders will be required to sign an agency disclosure form at the time of
signing the Auction Contract, if applicable.
Haney Real Estate's involvement in contract
The seller and buyer hereby agree that Haney Real Estate is an intended
third party beneficiary of the Auction Contract and shall receive compensation
as stated in the agreement between it and seller.
Utilities
Neither Haney Real Estate, Gatlin Auction, Purple Wave Auction, nor the seller
guarantees the availability of utilities, public or private. This exclusion
consists of, but is not limited to, wells, septic tanks, access to public utilities,
or any hook-up fees therewith. Confirmation of utility availability is the
bidder's sole responsibility.
Terms
A 10% non-refundable deposit based on the contract price will be due from
buyer immediately after buyer is declared the winner. The balance shall be
payable in cash at closing on or before September 30. This transaction is not contingent on
the buyer obtaining financing or upon any other event except as specifically
referred to in these terms and conditions. Personal or business checks will be
accepted with a bank letter guaranteeing payment of such funds.
Remedies
If buyer chooses not to close within the stated time herein and no written
extension has been granted by the seller, the buyer will forfeit all the
deposit and Haney Real Estate may disperse the deposit as stated in
the listing agreement. Notwithstanding the foregoing, seller may seek
any other relief or remedy in law or equity, including suing the buyer for
specific performance, which buyer expressly agrees is permitted, and/or any
additional damages the seller suffers by the default of the buyer.
Possession and closing
Buyer shall receive possession of property at the date of closing. Closing shall occur on or before September 30, 2007. Closing will take place at Security Title in Pueblo West, Colorado.
Multiple tract sales
Individual purchases are to be considered as singular transactions not
contingent on the sale of other properties or tracts. Haney Real Estate and Gatlin Auction
reserve the right to offer the property in individual tracts or lots,
combinations of tracts or lots, as a whole or in anyway that we see fit in
order for it to bring the most money for the seller. The sale of combinations
supersedes the sale of individual tracts. The decision of the auctioneer is
final. Seller and Haney Real Estate reserve the right to amend any terms or
conditions prior to or during the auction.
Closing costs and title insurance
Title insurance and closing fees shall be equally shared between seller and purchaser.
Taxes
Seller shall pay taxes for 2006 and all prior years. 2007 taxes shall be prorated to the date of closing.
Miscellaneous
All prior understandings and agreements between the parties are merged
into this agreement, which constitutes the entire agreement between the
parties. Time is of the essence of this agreement. This agreement shall
be construed in accordance with and governed by the laws of the state of
Kansas. No delay or failure by seller to exercise any right hereunder, and no
partial or single exercise of such right, shall constitute a waiver of that or
any other right, unless otherwise expressly provided herein. This agreement
shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, legal representatives, and assigns.
