Thursday, October 10, 2024 at 2:00 pm — Auction Site: The Exchange at 232 - 232 Glenn Milner Blvd, Rome, GA

Welcome to another Dempsey Multi-parcel Auction!!
25+ PROPERTIES in CARROLL, FLOYD, FORSYTH, GORDON, MURRAY COUNTY, GA, and CHEROKEE COUNTY, AL

CARROLL COUNTY OFFERING
-7BR/2BA Home located at 119 E. Johnson St Temple, GA (T04 0050012)

FLOYD COUNTY OFFERINGS
-2BR/1BA Home located at 20 Park St (E19Y 078)
-(2) Duplexes located at Northridge Court (K12Z 089)
-SFR Home located at 20 Holland Drive (H14X 377)
-Commercial Building located at 402 Cedar Ave (J14M 171)
-Commercial Building located at 404 Cedar Ave (J14M 170)
-Commercial Lot located at 406 Cedar Ave (J14M 169)
-Commercial Lot located at 410 Cedar Ave (J14M 167)
-0.5± acre Commercial Lot located at 2101 JL Todd Dr in Riverside Professional Park (J13X 001D)
-Building Lot located on Lavendar Trail (E11062)
-1± acre Lot and Shell Building located on Cedartown Hwy (Hwy 411) (I16Y 005) ABSOLUTE
-Building Lot located on 2 Brady Ct (I16W068F)/(I16W068F1)
-Building Lot located on Fullbright Dr (I16W068M)/(I16W068M1)
-Building Lot located on Beard Dr (J11Y011)
-Building Lot located on 4 Club View Dr (I16W045)
-Building Lot located on 364 Bowman Rd(I18 075)
-Building Lot located on 300 Bowman Rd (I18 100)
-Building Lot located on 316 Bowman Rd (I18 100A)
-Building Lot located on 330 Bowman Rd (I18 100B)
-Building Lot located on 340 Bowman Rd (I18 100C)
-Building Lot located on 350 Bowman Rd (I18 100D)
-Building Lot located on 360 Bowman Rd (I18 100E)
-Building Lot located on 370 Bowman Rd (I18 100F)
-Building Lot located on 380 Bowman Rd (I18 100G)
-Building Lot located on 420 Bowman Rd (I18 100I)
-(2) Building lots located on Holland Drive (H14X 383A & H14X 383B)
-11.7± acres located on Painter Road

FORSYTH COUNTY OFFERING
-1.62± acres Residential Lot located on Canton Hwy Cumming, GA (125 037)

GORDON COUNTY OFFERING
-3BR/3BA Manufactured Home located at 2888 Chatsworth Hwy, Calhoun, GA (062 137)

MURRAY COUNTY OFFERING
-1BR/1BA Home located at 2348 Smyrna Ramhurst Road Chatsworth, GA (0069 049)

CHEROKEE COUNTY, AL OFFERING
-Building Lot located on County Road 131 (10-07-26-0-000-105-002)

For your convenience, each of these offerings has their own listing page. Follow the links above for the desired property!

INSPECTION: Vacant Residential/Commercial properties are open for inspection. Homes will be shown by Appointment Only if Applicable. Contact our office for details.

SALE SITE: Properties to be SOLD at The Exchange at 232 located at 232 Glenn Milner Blvd, Rome, GA.

ONLINE BIDDING: Online Participation/Bidding will be available for Real Estate through our Online MarkNet Platform.

TERMS: 10% Buyer’s Premium to be charged on all Purchases. 10% or 20% Down with the balance due on or before 30 days from sale date. Each property has its own terms and conditions. Please be sure to review the property-specific terms for the property you intend to bid on [Coming Soon].

Co-Brokerage Participation: Dempsey Auction Co will pay any licensed Broker/Agent a referral commission for any registered client who successfully closes on the property. CONTACT OUR OFFICE FOR PRECISE DETAILS.

For plats, brochures, inventory lists, Pre-Registration or further sales information on this auction, call us by name at 800.DEMPSEY.

TERMS AND CONDITIONS-to be updated closer to auction

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 “B”, 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 listing agreement with (Seller), to offer at public auction, certain parcel(s) of Real Estate.

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. This property is Selling Subject to Approval, reserving the right to hold all offers open until the following Monday.

CONVEYANCE: All property will be conveyed by a Limited Warranty Deed with title insurance available at the Purchaser’s expense.  

RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all Public Utilities, Encroachments, Easements, Cherokee County Regulations, any Existing Right of Ways, and all other matters now of record. All personal property and equipment are reserved. 

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 Condition 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: To be updated...

CLOSING: Closing shall take place within 30 days of auction, in accordance with the Real Estate Sales Contract, or on a date mutually agreed upon by the Seller and Purchaser(s) in writing. Closing will be conducted by... to be updated.

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 30 days from auction date.    

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 s 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 “B”.