Personal Property
DISCLOSURES
Cole Auction is located in Huntsville and Madison, Alabama. All auctions are conducted under federal, state, and local laws relevant to our locations.
License Information:
Cole Auction Liquidators, LLC
AL #284
Cole Properties & Auction, Inc.
AL #120
Principal Auctioneers:
Personal Property:
W. Todd Hess
AL #5536
Real Estate:
W. Todd Hess
AL #5536
Arthur Cole III
AL #1417
GENERAL INFORMATION
Cole Auction solely represents the seller. No part of our website, terms and conditions, or any other written information shall be considered a contract or establish an agency agreement with a bidder or a buyer.
All sales are considered as-is, with any and all faults, and without any warranty or guarantee. All sales are considered final upon completion of the auction or approval of the seller.
All sales are subject to final approval of the seller (reserve) unless otherwise specified. Any items a seller intends to sell without reserve (absolute), Cole Auction will disclose that fact in the item description with the word, "ABSOLUTE".
Cole Auction and/or the Seller reserves the right to withdraw any item for any reason prior to an auction.
FEE DISCLOSURE
A 15% premium will be added to the final bid. This premium is broken down as follows:
10% Buyer premium to Cole Auction
2% Internet premium charged by Hibid
3% Processing fee
**Processing fee will be waived for orders over $50.00.
Cole Auction offers a 3% discount for cash or cashiers' checks. Cole Auction may offer the same discount for wired funds on a case-by-case basis, or alternatively charge a flat fee for wired funds.
Cole Auction may offer additional discounts to on-site bidders during simulcast auctions.
SALES TAX
The state of Alabama requires that we collect sales tax on all items. This sales tax is inclusive of any premiums. This is state law and beyond our control. There is an exception for government sales, court ordered sales, and sales whereby a seller has a tax license and is liquidating a business under that license. These sales are exempt from sales tax. Cole Auction will disclose which sales fall under any of these categories.
BIDDING POLICY
Employees of Cole Auction and sellers may bid on lots in any auction. It is our policy that employees and sellers are subject to the same terms, conditions, and fees as any other bidder. No buyer premium discounts are offered to employees or sellers that choose to bid, excepting discounts offered to all bidders, such as a discount for cash payments.
DAMAGED GOODS
All items are sold as-is with any and all faults. Where possible we will disclose the condition of the items we sell in the item description, but we cannot guarantee that items are free of defects, nor can we guarantee that the items are in working order.
Should Cole Auction accidentally damage your item after the auction is held and before pickup, we will notify you and offer you a full refund.
Cole Auction is NOT responsible for any damage caused after pickup or caused by your chosen shipper. If you choose to have a shipper package and ship the items to you, we HIGHLY recommend you purchase insurance from your shipper. Without shipping insurance in place, you have no remedy for items damaged in shipping.
PICKUP
Pickup is the responsibility of the buyer. Cole Auction does not deliver any items it auctions. Buyers should contact us by email or phone to arrange a pickup time. Please note that pickup locations may vary from item to item. Items consigned with us will be held in a secured storage facility. Items not consigned with us will typically be located at the premises of the seller. When you call to schedule your pickup time, we will disclose the pickup location of your items.
SHIPPING
Cole Auction does not package or ship items. There are shippers available that will package and ship the items to you. We have conveniently provided a list of possible shippers that may do so. Buyers are responsible for contacting a shipper to make arrangements for packaging and pickup. Your shipper will need to contact us to arrange a time for pickup. Please note that pickup locations may vary from item to item.
Currently, our suggested shippers are UPS and USHIP.
There will be a $5.00 transport fee for all shipping orders.
ABANDONMENT
Items not picked up within 30 days of the date of the auction shall be considered abandoned. Cole Auction shall not refund money for abandoned items. If you or your shipper contacts us within the 30 day period to make arrangements for pickup, Cole Auction will extend the 30 day period. The key to avoiding losing your items is COMMUNICATION! We understand that things happen, and we are happy to work with you the best that we can.
Cole Auction, at its discretion, may hold your items for you longer than 30 days at your request. Again, communication is the key to success! Should you request that we store your items past the initial 30 days, we will charge a minimum $25 per month for storage. Storage fees will vary depending upon the size or quantity of the items.
Real Estate
*Online bidders must contact W. Todd Hess at 256-541-2964 within a minimum of 24 hours prior to the auction to complete registration for bidding online. No exceptions! A bank Letter of Guarantee in the amount of 10% of the minimum bid price may be required to complete registration.
*A 10% Buyers Premium to be added to the final bid to determine the contract price on the Real Estate.
*All property is sold "AS IS, WHERE IS". Cole Auction works strictly as an agent for the seller.
*10% down day of the sale, balance to be paid in 30 days or less.
*Property is selling subject to all restrictions, easements and rights-of-ways.
*Seller to pay prorated taxes and provide clear deed and title.
*Purchaser to pay all of their own closing costs.
*All decisions of the Auctioneer are final in case of bidding disputes.
*Seller reserves the right to deny or expel anyone who attempts to disrupt the sale.
*Property is to be considered to be sold under reserve unless otherwise specified. Cole Auction does not disclose the reserve price prior to the live auction.
*Seller reserves the right to accept a winning bid prior to the live auction.
*Property maps, surveys, inspections,etc. are for reference and sale purposes only. Neither the Auction Company nor the seller guarantees any of the information given.
*It is the responsibility of the buyer to verify all specifications and conditions of the property.
*No warranties or guarantees are being made as to condition, age or value prior to sale date.
*No contingencies shall apply to the sale of the property, including a buyer receiving financing.
*Buyers & Sellers and/or their agents may bid at the live auction, online, or by phone. Employees of Cole Auction may bid on behalf of others up to and including online bids, phone bids, absentee bids, and prebids.
*All information that is being given is believed to be correct and reliable but is not guaranteed by the Auction Company.
*Announcements made day of the sale take precedence over any written material.
*Cole Auction will pay outside brokerage 2% of net commission. Sales price minus concessions (i.e. expenses and/or commission reductions). Agents must register with Beau Cole at beaucole@msn.com prior to auction. NO EXCEPTIONS! Agents and/or their clients must participate in the live auction to qualify for the payment.
Payment (Real Estate)
Cole Auction does not accept credit cards for real estate purchases.
10% Premium due within 24 hours after close of auction. Contact Beau Cole at 256-837-0701 for wiring instructions. Remaining balance due upon closing. $25 fee for wire transfers is waived for real estate purchases.
Purchaser has 30 days to close, but time to close may be extended on a case-by-case basis.
Purchaser pays their own closing costs, but has the right to choose the closing attorney or title agent.