Saturday, October 30, 2021, at 10:00 am — Auction Site: 8222 Ga Hwy #120 Buchanan, GA
BUCHANAN, DRAKETOWN COMMUNITY, HARALSON & PAULDING CO, GA
THE ESTATE OF VIRGINIA GOLDIN HUTCHESON
SELLING FOR DIVISION AMONG HEIRS
(4) Bedroom Brick Home & 270 +/- Acres & Personal Property
PROPERTY TO BE OFFERED IN TRACTS OR AS A WHOLE
Home—Merchantable Timber—Long Road Frontage on Hwy #120, Weddington Rd and Goldin Road
All Property will be Sold from 8222 Ga Hwy #120 (the 7.58 Ac Tract) directly across from the Magic Grill on Hwy #120.
**8222 Ga Hwy #120 – 7.58 Ac Tract (0099a 0074) – SALE SITE
**72 Virginia Rd – Brick Home and 1.06 Ac (0112 0025)
**0 GA Hwy #120 – 89 Ac Tract (0112 0007 & 0112 0001V)
**0 Weddington Rd – 116 Ac Tract (0112 0020)
**0 Goldin Rd – 50 Ac Tract (0111 0040V)
**0 Goldin Rd – 5 Ac Tract (228.2.4.001.0000) Paulding Co
AUCTIONEERS NOTE: THIS PROPERTY HAS BEEN IN THE GOLDIN/HUTCHESON FAMILY FOR MANY, MANY YEARS. HOWEVER, AS TIMES, SITUATIONS, AND CONDITIONS CHANGE, IT IS TIME TO LIQUIDATE THIS VALUABLE ASSET. DEMPSEY AUCTION HAS BEEN CONTRACTED TO SELL THESE PROPERTIES, AT ABSOLUTE AUCTION, TO THE HIGHEST BIDDER—REGARDLESS OF PRICE. COME JOIN US FOR AN OLD-FASHIONED LAND AUCTION AND PURCHASE THIS TRACT OF LAND AT THE RIGHT PRICE—YOUR PRICE!!!!
THIS PROPERTY SELLS AT ABSOLUTE AUCTION TO THE LAST BIDDER/BIDDERS–REGARDLESS OF PRICE!!!
At the conclusion of the land auction, we will offer an assortment of Personal Property including (2) vehicles, furnishings, bedding, etc. With the exception of the truck, all personal property will be sold onsite only at the live auction. Online bidding not available for personal property at this auction.
8222 Ga Hwy #120 - 7.58 Ac Tract (0099a 0074) – SALE SITE
- Long Frontage with Great Visibility on Hwy #120
- County Water
- Gentle Topography and Ready for Development
72 Virginia Rd - Brick Home and 1.06 Ac (0112 0025)
This is a beautiful, 2 story, brick home with (2) living areas – Upstairs features a spacious kitchen, (3) large bedrooms, full tile bath with tub/shower combo, living room with rock fireplace, dining room, Florida room and ½ bath with washer & dryer connections. Downstairs boasts a large bedroom, living area, large kitchen with breakfast area and full bath.
The home is situated on a manicured 1 ac corner lot with a paved drive, landscaping featuring native shrubs, plants & bushes, and towering pines.
0 GA Hwy #120 – 89 Ac Tract (0112 0007 & 0112 0001V)
- Frontage on Hwy #120
- Long frontage on Panther Creek
- Merchantable Timber
- County Water
0 Weddington Rd – 116 Ac Tract (0112 0020)
- County Water
- Good Timber
- Abundant Wildlife
0 Goldin Rd – 50 Ac Tract (0111 0040V)
- Frontage on Goldin Rd
- Merchantable Timber
- County Water
- Ideal for Residential Development or Gentleman’s Farm
0 Goldin Rd – 5 Ac Tract (228.2.4.001.000) Paulding Co
- Excellent Building Tract
- County Water
OPEN HOUSE: The property is OPEN for inspection. Dempsey Representatives will be at the Home on Friday, Oct 29th from 1:00-4:00 or by Appointment – Please contact our office for your Personal Tour.
SALE SITE: All Property will be Sold from 8222 Ga Hwy #120 (the 7.58 Ac Tract) directly across from the Magic Grill on Hwy #120.
TERMS AND CONDITIONS:
REAL ESTATE: 10% down payment on sale day with the balance due on or before 30 days from sale day.
PERSONAL PROPERTY: All purchases shall be paid for in full on sale day by cash, credit/debit card (3.5% convenience fee) or approved personal/company check.
CLOSING: Closing to be handled by Tysinger Vance, PC, 100 Wagon Yard Plaza, Carrollton, GA 770.834.4467 ALL SALES TO CLOSE ON OR BEFORE 30 DAYS FROM SALE DATE—NO EXCEPTIONS.
For Surveys, Brochures, Personal Property Lists or Additional Sales Information on this auction, call us by name @ 1.800.DEMPSEY(800.336.7739)
TERMS AND CONDITIONS
The Virginia Goldin Hutcheson Estate
Draketown, Haralson County, GA
Saturday, October 30th @ 10:00am
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 the Virginia Goldin Hutcheson Estate, Courtney Executor (Seller), to offer at ABSOLUTE AUCTION, Home & 270+/- Acres located in Haralson County, 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. 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 Auction Company or the Seller 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. For compliance with Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, interested purchasers have had ten a (10) day inspection period prior to the auction for assessment of possible lead-based paint hazards.
We require all bidders 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 on Saturday, October 30, 2021 @ 10:00am.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to all Restrictions, Public Utilities, Encroachments, Zoning Ordinances, Easements, Haralson & Paulding County Regulations, Protective Covenants, any Existing Rights of Way and all other matters now of record.
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 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.
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 final purchase price immediately following the Auction. 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 the properties according to registered boundary surveys. Each tract has been surveyed for this auction by Elbert Angel, a Georgia registered land surveyor, License #1742. A survey/development fee as indicated on the sales contract 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 the auction, 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. Andrew Lovvorn with Tisinger Vance, 100 Wagon Yard Plz, Carrollton, GA 30117 – 770.834.4467
CLOSING COSTS: The Seller will provide a Conveyance Deed at closing. If the Seller is unable to convey clear title to the property, 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 November 29, 2021
TAXES: The 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: In accordance to the Georgia Agency Disclosure Law, BRRETA Act Section 19-6A-5, Dempsey Auction Company 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 of 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.
METHOD of SALE: Dempsey Auction reserves the right to offer the property any way we see for to obtain the SELLER the most money.
In accordance with BRRETA Act Section 19-6A-5, Dempsey Auction Company is the “Listing Agent and Selling Agent of the Seller” and our fiduciary duties of loyalty and faithfulness are owed to the Virginia Goldin Hutcheson Estate.
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”.