To our bidders & consignors, You have probably noticed that our bidding platform has changed. We have switched to a new system that has tons of new features that will help improve your bidding experience.
All previous bidders will use their same username & password.
You will need to update your credit card on file the first time you register for an auction
At 9:42 AM on Auction Day (June 8th) Please enter the live auction by clicking the blue enter auction box in the light blue box. If you can't hear the auction please click view live stream above lot picture.
Please Note: You are bidding BY THE ACRE!!!
Buyers will be bidding by “ACRE Amount” for this property. For example, if you bid $5000 for a 10.457-acre tract, your total bid price is $52,285.00
Dempsey Auction reserves the right to offer the property any way we see to obtain the SELLER the most money.
Tentative Order of Sale:
- Tracts 1 - 11 Pick and Choice By the Acre
- Combination Phase
- As a Whole
The Real Estate will be offered in tracts and combinations of tracts. We reserve the right to then offer the property in combinations and/or as a whole.
This will be an owner-confirmation auction which means the seller has the right to accept or reject the final bid.
These Tracts will be sold “PICK AND CHOICE – BY THE ACRE”.
Buyers will be bidding by “ACRE Amount” for individual tract or multiples of tracts. So, if you bid $5000 and pick a 5-acre tract, your total bid price is $25,000.
When the auctioneer says sold, the buyer will then tell us which Tract or Tracts he wants.
At this point, the auction starts over again until we are finished.
We are not designating what lots we are selling, you as the purchaser tell us which lot or lots you want when we say sold!
This is a 10% Buyers Premium auction sale: If you pay $10,000 for a Tract you must add 10% which is $1,000 and your final sales price is $11,000.
Sale day you will pay 10% of your sales price down and the closing can be on or before 30 days. We have already had the title run and we find many of our customers want to close on the following week of the sale so that they may take possession of their property, and we can assist you with that.
Helpful Tips to Keep in Mind Before & During Your Bidding Process
- · Dempsey Auction Company reserves the right to remove or cancel the bids and or bidding privileges of the party at any time deemed not to be in the best interest of the seller.
- · All properties are sold “as-is” without any further inspections or repairs.
- · An auction is not contingent on inspections or physical warranties; all inspections must be done prior to bidding
- · An auction is not contingent on financing; funds must be readily available in order to bid and purchase at auction and close within 30 days
- · You must sign the Sale Contract of Real Estate immediately following the live auction upon receipt of your contract package from Dempsey Auction Company.
- · You must make an earnest money deposit and execute the Sale Contract of Real Property within 24 hours of receipt of your contract package from Dempsey Auction Company (ONLINE BIDDERS ONLY).
- · You must make an earnest money deposit and execute the Sale Contract of Real Property immediately following the conclusion of the Live Auction upon the receipt of your contract package from Dempsey Auction Company (ONSITE BIDDERS ONLY)
- · You must close on the transaction on or before the date stipulated in the Terms and Conditions Real Property— there are no financing or inspection contingencies or other delays allowed.
- · You are not allowed possession of the property until after closing. NO EXCEPTIONS.
- · You will also be responsible for all of the closing costs. (Please refer to Terms and Conditions).
- · All properties are subject to prior sale or removal from the auction.
- · Again, please read and review the terms and conditions. It is the document that controls this auction.
- · When logging in to bid, please check your account to make sure your information is up to date. Email address, phone numbers, address, credit/debit card, and driver's license, etc... to make bidding easier. If you need help updating your information or if you are a new customer and need assistance setting up an account, feel free to call our staff at 7062660717 (ONLINE BIDDERS ONLY).
- · Dempsey Auction reserves the right to offer the property any way we see to obtain the SELLER the most money.
- · This will be an owner-confirmation auction which means the seller has the right to accept or reject the final bid.
- · This is a 10% Buyers Premium auction sale: If you pay $100,000 for the property you must add 10% which is $10,000 and your final sales price is $110,000.
- · At the conclusion of the auction, successful bidders will pay 10% of the sales price down and the closing can be on or before 30 days. We have already had the title run and we find many of our customers want to close on the following week of the sale so that they may take possession of their property, and we can assist you with that.
- · DEFAULT: In the event a winning bidder fails to submit the signed “Sales Contract” and deposit earnest money as provided in the pre-stipulated Terms and Conditions, the winning bidder will be charged an administrative fee of $2,500 on the credit card provided at auction registration. Additional default remedies are reserved by Dempsey Auction Co and the Sellers as provided in the Terms and Conditions and the Sales Contract.
- · All property, real and personal, is selling “AS IS, WHERE IS” and being conveyed by Seller as provided for below. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition; and any repairs, alterations, damage, cleanup, removal of debris, waste, personal property, etc., are the sole responsibility of the buyer. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products (collectively Hazardous Materials), concerning the property are given by the Auctioneer or Seller. Neither the Seller nor the Auction Company makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. Buyer acknowledges and agrees that at closing there may be the existence of equipment, personal property and/or scrap materials located upon or within the property and agrees to accept the same in AS IS condition.
There are no bids for the lot at this time
Saturday, June 8, 2024 at 10:00 am — Onsite: 981 Hills Creek Rd, Taylorsville, GA
The Ruth Ables Harris Estate
Taylorsville, Polk County, GA
162 +/- Ac Selling in Tracts or as a Whole
Property located at 981 Hills Creek Rd, Taylorsville, GA
Same Ownership for over 75 years!!
PROPERTY HIGHLIGHTS and UNIQUE FACTORS for CONSIDERATION:
- Hills Creek flows through the Property
- County Water is Available
- Approximately 120± Ac of Row Crop Land
- Frontage on Hills Creek Rd and Duffy Waldrop Rd
- Potential for “Higher and Better Use”
- Aesthetics
LOCATION, LOCATION, LOCATION!!!!
This Highly Productive Farm is situated directly between Cartersville, Rockmart, Rome and Dallas; 1 mile off GA Hwy #113 and a short distance from the Cartersville Airport. With such a strategic location this parcel has unlimited potential for Residential Development, Agricultural Use, Recreational Use, Investment, and/or Speculation Opportunity.
AUCTIONEER’S NOTE: This farm has been in the Harris Family for over 75 years, however as generations pass, times and situations will change, and it is time to liquidate this valuable asset. Dempsey Auction has been contracted to sell this property, at auction, to the highest bidder. Come join us for an old-fashioned land auction and purchase this tract of land at the right price—your price!!!!
EXHIBIT “A”
TERMS AND CONDITIONS
The Ruth A. Harris Estate
Taylorsville, Polk County, GA
Saturday, June 8th at 10:00 AM ET
These “Terms and Conditions” supersede all other printed and oral statements and will be attached to and become a part of the Real Estate Sales Contract as Exhibit “A”, which will prevail over this document and any other agreement between the Buyer and Seller.
CONDITIONS OF SALE: Dempsey Auction Company (Auctioneer/Broker) has entered into a contract with the Ruth Ables Harris Estate, Kristie Harris Gammon, Executrix (Seller), TO OFFER AT AUCTION, 11 parcels of real estate located at 981 Hills Creek Rd, Taylorsville, GA.
All property, real and personal, is selling “AS IS, WHERE IS” and being conveyed by Seller as provided for below. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition; and any repairs, alterations, damage, cleanup, removal of debris, waste, personal property, etc., are the sole responsibility of the buyer. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products (collectively Hazardous Materials), concerning the property are given by the Auctioneer or Seller. Neither the Seller nor the Auction Company makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. Buyer acknowledges and agrees that at closing there may be the existence of equipment, personal property and/or scrap materials located upon or within the property and agrees to accept the same in AS IS condition.
We require all bidders to register and obtain a bid number in order to participate in the bidding process. All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during, or after the auction.
The Seller has the right, at their sole discretion, to add or withdraw all or any portion of the property before the auction’s opening announcement on Saturday, June 8th at 10:00 AM. This property is Selling Subject to Executor Approval, reserving the right to hold all offers open until Monday, June 10th at 5:00 PM. This is an Estate sale, and if an heir is bidding, they are bidding as an individual and will close under the same terms and conditions as any other participant.
CONVEYANCE: All property will be conveyed by a Limited Warranty Deed with title insurance available at the Purchaser’s expense.
RESERVATIONS & RESTRICTIONS: All Personal Property, Equipment, and Livestock are reserved. The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Polk County regulations, protective covenants, any existing rights of way, and all other matters now of record or shown on attached plat. We are selling subject to a 20’ and a 30’ Driveway Easement as shown on the Recorded Survey and a 10’ waterline easement across Tract #5 as shown on the Recorded Survey.
ONLINE PURCHASERS’ PAYMENT: At the close of the auction, successful bidders will be emailed the contract package to execute and return to Dempsey Auction Co. Successful bidders will deposit 10% of the Contract Sales Price as earnest money in the form of cashier’s check or bank wire transfer with Dempsey Auction Co within 24 hours of receipt of the contract package. The entirety of the remaining balance is due at closing as stipulated in the “Terms and Conditions”. Purchaser shall be responsible for all wire transfer fees. Successful high bidders not executing and returning their contract with earnest money deposit within 24 hours of receipt will be considered in default and subject to an Administrative Fee (as defined below). All Administrative Fees are non-refundable.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Dempsey Auction Company is providing online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Dempsey Auction Company or anyone else if the internet service fails to work correctly. Dempsey Auction Company will not be responsible for any missed bids from any source.
DEFAULT: In the event a winning bidder fails to submit the signed “Sales Contract” and deposit earnest money as provided in the pre-stipulated Terms and Conditions, the winning bidder will be charged an administrative fee of $2,500 on the credit card provided at auction registration. Additional default remedies are reserved by Dempsey Auction Co and the Sellers as provided in the Terms and Conditions and the Sales Contract.
PAYMENT: A 10% Buyer’s Premium on Real Estate will be added to the Bid Price on all real estate today to arrive at the final purchase price. The purchaser will be required to sign the Real Estate Sales Contract and pay a non-refundable earnest money deposit equal to 10% of the Contract Sales Price immediately following the Auction. This payment may be made with either a personal or company check. This deposit will be held in a non-interest-bearing escrow account under the control of Dempsey Auction Co. No disbursements will be made from this escrow account until closing or otherwise in accordance with this agreement. In the event the purchaser fails to close and pay his/her balance when due, the deposit may be retained by the Seller and Auctioneer as liquidated damages in addition to any other remedies available to the Seller and Auctioneer.
SURVEY: We are selling this property according to a registered and recorded boundary survey performed by Elbert Angel, GRLS #1742 as recorded in the Office of the Clerk of Superior Court of Polk County, GA in Plat Book JJ, Page 108. A survey, staking, and recording fee of $500 for Tracts #1,9,10 & 11, $1000 for Tracts #2,3 & 8, $2000 for Tracts #4,5 & 7, and $2500 for Tract #6 will be due and collected today. The accuracy of the survey is the sole liability of the surveyor and the Purchaser, and the Purchaser does hereby release the Seller and Dempsey Auction Co. from all liability in all matters concerning the survey.
CLOSING: Closing shall take place within 30 days of sale date in accordance with the Real Estate Sales Contract, or on a date mutually agreed upon by the Seller and Purchaser(s) in writing. The closing attorney is Mrs. Vickey Atkins with Atkins Law, PC, 129 E Elm St, Rockmart, GA. We encourage you to contact Mrs. Atkins office as soon as possible to discuss the closing – 770.684.1414.
CLOSING COSTS: The Seller will provide a Limited Warranty Deed at closing. If for some reason the Seller is unable to convey good and marketable title to the property, unless otherwise noted, the Purchaser(s) Earnest money deposit will be returned.
All other costs including, but not limited to, Attorney’s Closing Fees, Recording and Handling Fees, Deed Transfer Taxes, Title Search, Title Insurance, Loan Origination Fees, etc., will be at the Purchaser’s expense.
POSSESSION: Purchaser(s) will be granted possession of real estate at closing, on or before July 7, 2024.
TAXES: The 2024 Real Estate property taxes will be prorated to the date of closing. If any additional taxes are assessed resulting from the change of use by the purchaser, they will be the responsibility of the purchaser.
AGENCY: The Auctioneer is acting as agent for the Seller only in this transaction and is to be paid a fee pursuant to a separate written agreement between seller and the Auctioneer. The Auctioneer is not acting as an agent for the purchaser in this transaction. Any third-party broker is not a sub-agent of the Auctioneer.
BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms or conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. The Auctioneer makes no warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information. Dempsey Auction Company is the “Agent of the Seller”, and our fiduciary duties of loyalty and faithfulness are owed to the Seller.
METHOD of SALE: DAC reserves the right to offer the property any way we see fit to obtain the seller the most money.
NOTE: This auction is being recorded by audio in its entirety for legal purposes.
I have received, read, understand, and agree to the information in these “Terms and Conditions” which will become a part of the sales contract and will hereafter be Exhibit “A”.
Taylorsville, Georgia 30178
United States