METHOD OF SALE/UNDERSTANDING AUCTIONS

Lot Number:0b
Completed
Start Time:5/16/2026 2:00:00 PM
Bidding disabled

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% Buyer's 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 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.
No donations for this lot

Saturday, May 16, 2026 at 10:00 am — On-site: 308 Livingston Road, Rome, GA

The Todino Farm
116± Acres on the Coosa River

Rome, Floyd County, GA
Property located at 280 and 308 Livingston Rd

(2) Homes – Barns – (4) Ponds – Lush Pasture

Selling in Tracts, Combinations, or as a Whole

Dempsey Auction is proud to present The Todino Farm, a truly exceptional 116± acre riverfront property offering a rare combination of natural beauty, agricultural functionality, and development potential. With long frontage on the Coosa River, multiple water features, and quality improvements, this is one of the most versatile land offerings in Floyd County.

Property Highlights:

  • 116± Acres of rolling, usable land
  • Extensive Coosa River Frontage providing scenic views and recreational access
  • (4) Ponds enhancing both aesthetics and agricultural utility
  • Lush Pastures that are fully fenced and cross-fenced, ideal for livestock or equestrian use
  • Cave Spring Water Available to all tracts

Improvements:

  • Primary Residence: 3-bedroom brick and cedar-sided home
  • Secondary Residence: 2-bedroom cottage—perfect for guests, rental income, or farm help
  • Barns & Outbuildings: Multiple structures for equipment storage, livestock operations, and agricultural use
  • Livestock Pens already in place for immediate functionality

Endless Potential:

Whether you’re seeking a working farm, family compound, equestrian estate, or a recreational retreat, The Todino Farm delivers. The combination of river frontage, ponds, pastureland, and existing improvements creates a turnkey opportunity with long-term value.

Offered in tracts, combinations of tracts, or as a whole, this property provides flexibility for buyers of all types—from investors and developers to families looking to establish a legacy property.

The Todino Farm is a rare opportunity to own a premier piece of Floyd County land with water, infrastructure, and unmatched versatility.

EXHIBIT “B”
TERMS AND CONDITIONS
Marc & Stacie Todino
Rome, Floyd County, GA
Saturday, May 16th at 10:00 AM

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 contract with Marc A Todino & Stacie Todino (Seller) TO SELL AT AUCTION (2) Home, Improvements, and 115.329 acres of real estate located in Floyd County, GA.

All property is selling “AS IS, WHERE IS” and WITH ALL FAULTS, IF ANY”, without representation or warranty of any kind as to their condition. 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 conditions, including, but not limited to, any hazardous substances, hazardous waste, petroleum, or petroleum by-products concerning the property, are given by the Auctioneer or Seller. Neither the Auction Company nor the Seller makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction that they have inspected the Property and are not relying on any warranty or representation of the Seller, Auctioneer, or any agent thereof. For compliance with Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, interested purchasers have had a ten-day (10) day inspection period prior to the auction for assessment of possible lead-based paint hazards.

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, May 16th at 10:00 am. This property is Selling Subject to Owner Confirmation, reserving the right to hold ALL offers open until Monday, May 18th at 5:00 pm.

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

RESERVATIONS & RESTRICTIONS: ALL Personal Property, Livestock, and Equipment, inside & outside the homes, are reserved including thee Tan Conex Container, Chicken Coop & Bee Hives. The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Floyd County regulations, any existing rights of way, and all other matters now of public record.

The Property is selling subject to a mutually exclusive ingress & egress and utility driveway easement along the existing drive on Tracts 2, 3 & 4 as shown on the below-mentioned survey.

A portion of this property lies in the 100-year floodplain as depicted by the survey mentioned below.

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 a 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.

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 below in the Terms and Conditions.

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 a Sale 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 under the original contractual terms, the deposit WILL be forfeited and retained by the Seller and Auctioneer as liquidated damages in addition to any other legal remedies available to the Seller and Auctioneer.

SURVEY: We are selling this property according to a registered boundary survey performed by Elbert Angel, GRLS #1742, and the property is selling subject to Floyd County Planning & Engineering Final Approval. Any acreage adjustments will be handled at closing. A survey fee of $1,500 for Tracts #1 & 3 and $5,000 for Tracts #2 & 4 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 Mr. Ted Corwin with Brumlow, Corwin and Delashmit. We encourage you to contact Audra or Vicki in Mr. Corwin’s office as soon as possible to discuss the closing – 706.237.9944.

CLOSING COSTS: The Seller will provide a Limited Warranty Deed at closing and pay their share of the 2026 prorated property taxes. 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 June 15, 2026.

TAXES: The 2026 Real Estate property taxes will be prorated as 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. Both Parties, Buyer & Seller, reserve the right to enter and engage in a 1031 Tax Free Exchange with NO financial consequences to the other Party.

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.

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 provides 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.

METHOD of SALE: DAC reserves the right to offer the property in any way we see fit to obtain the seller the most money.

Dempsey Auction Company is the “Listing and Selling Agent of the Seller”, and our fiduciary duties of loyalty and faithfulness are owed to the Seller.

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”.

308 Livingston Road
Rome, Georgia 30161
United States

PROJECT MANAGER: Lou Dempsey – 770.546.2800 – ldempsey@dempseyauction.com

OPEN HOUSE: Dempsey Representatives will be on-site Friday, May 15th, from 1:00-4:00 PM. Dempsey Representatives are always available for private showings of the farm or homes. Please contact our office for details.

SALE SITE: Property will sell on-site under the Dempsey Tent.

BIDDING: This auction will be conducted in a Live/Simulcast format, giving bidders the flexibility to participate in person on-site or online, whichever is most convenient.

TERMS AND CONDITIONS: A 10% down payment is required on the day of sale, with the balance due at closing. All sales must be closed within 30 days of the auction date. A 10% Buyer’s Premium will be added to the final bid to determine the contract price.

CLOSING: Closing to be handled by Mr. Ted Corwin with Brumlow, Corwin and Delashmit. ALL SALES TO CLOSE ON OR BEFORE 30 DAYS FROM SALE DATE—NO EXCEPTIONS.

BROKER PARTICIPATION: Licensed brokers and agents are welcome. Dempsey Auction Co. will pay a referral commission to any broker representing a client who successfully closes on the property. Please contact our office for registration guidelines and full details.

For plats, brochures, or further sales information on this auction, call us by name at 800.DEMPSEY (800.336.7739).