AUCTION TERMS AND CONDITIONS
1. PROPERTY TO BE AUCTIONED: 923 9th Ave SE Decatur, AL 35601
2. SELLER(S): Estate of Andy R. Sittason
3. DATE AND LOCATION OF AUCTION: ONLINE @ www.AlabamaAuction.com
4. TERMS OF SALE: BELOW
Real Estate:
A ten percent (10%) buyer�s premium will be charged and added to the Buyer�s bid price
to determine the purchase price for all property sold at auction. The purchase price of
the property, including the buyer�s premium, will be payable in cash or certified funds as
follows: (a) earnest money based on ten percent (10%) of the purchase price will be
payable on the date of the auction; and (b) the balance of the purchase price will be
payable at the Closing of the sales transaction. The following is an outline of the terms
of sale:
OUTLINE OF TERMS OF SALE
High Bid Amount $___________________
Buyers Premium (10%)+ $___________________
Purchase Price $___________________
Earnest Money (10%)- $___________________
Balance Due At Closing $___________________
The Buyer�s obligation to close the sales transaction will not be contingent on Buyer�s
ability to obtain financing. The earnest money will be nonrefundable, except as
otherwise provided in the Real Estate Sales Contract, hereinafter described.
If you are the High Bidder on any of the property offered for sale today, you will sign a
contract at the conclusion of today�s auction.
5. CONDUCT OF AUCTION. All announcements made from the Auction Block/Online
will take precedence over any previous written or oral statements. Hampton Auction
& Realty reserves the right to announce additional Terms and Conditions of the
auction and sale prior to or during the course of the auction. All bidders will be
bound by announcements made at the auction, even though a bidder may not have
actually heard the announcements. The Real Estate Sales Contract for the purchase
and sale of the property shall represent the final terms of sale.
In the event of a dispute over any matter at the Auction, Hampton Auction & Realty
shall have the absolute and sole right to make the final decision to resolve the
dispute and will also have the right to either accept or reject the final bids or reopen the bidding. Increments of bidding are at the direction of Hampton Auction &
Realty and the Auctioneer conducting the auction. Hampton Auction & Realty
reserves the right to accept absentee bids in advance and place those bids during
the course of bidding. Hampton Auction & Realty reserves the right to accept phone
bids and/or absentee bids (arrangements must be made prior to auction date).
Auctioneer reserves the right to cancel, postpone or withdraw the property before or up
to the start of the auction. The auctioneer reserves the right to offer this property in any
manner and reserves the right to sell the property in any manner he so desires up to the
start of the auction. The auction does not start until the auctioneer accepts the first bid, day
of the auction.
6. ORDER OF AUCTION. The property will be sold as a whole.
7. BACK-UP BIDS. An unsuccessful bidder may make a back-up bid to purchase the
property in the event of default by the high bidder. A Back-up Bidder Form for the
purpose will be provided by Hampton Auction & Realty, through its representatives
at the auction, at request.
8. CLOSING. The sale of the property shall be closed and the deed delivered on or
before __________. The closing will be held at the office of closing attorney of the
seller's choice.
9. CLOSING COSTS AND PRORATIONS. All costs associated with the Closing of the
transaction evidenced hereby shall be paid by the buyer. Ad valorem property taxes
for the then-current tax will be pro-rated between the Seller and Buyer as of the
date of the Closing. All property taxes applicable to the property for prior tax years
remaining unpaid at the time of the Closing shall be paid in full by Seller prior to or
at the time of the Closing. Any tax arising from a change in use of the property,
which results in rollback tax shall be borne by Buyer.
10. CONDITION OF PROPERTY. The property shall be sold �AS IS, WHERE IS� and �WITH
ALL FAULTS�. Seller and Hampton Auction & Realty make no representations or
warranties, express or implied, regarding the fitness, suitability or condition
(environmental, structural or otherwise) of the property. Seller and Hampton
Auction & Realty shall have no duty, liability, obligation and/or responsibility to
Buyer or any other person or entity regarding the fitness, suitability or condition
(environmental, structural or otherwise) of the property. Seller disclaims any and all
warranties as to the status of mineral rights affecting the property, environmental
conditions, availability of utilities, zoning, accesses to the property, or quantity of
land in the property.
11. PROPERTY INSPECTION. It is the Buyer�s responsibility to inspect the property prior
to the auction. Buyers must rely on their own information, judgment, inspections
and any public records concerning the property. The failure of the Buyer to be fully
and adequately informed as to the condition of the property will not constitute
grounds for adjustment of the price or withdrawal of the buyer�s bid for the
property, or return of any earnest money paid in connection with the sale of the
property.
12. CONVEYANCE. Seller shall convey to the Buyer of any property sold at auction good
and marketable fee simple title to such property by Statutory Warranty Deed subject
only to (i) current city, state and county ad valorem taxes not yet due and payable;
(ii) easements for the installation or maintenance of public utilities serving the
property; (iii) easements and restrictions of record; (iv) rights of way for public
roads; (v) subdivision regulations and zoning ordinances of applicable governmental
entities; (vi) matters of survey, and (vii) such other matters, if any, as may be
acceptable to the Buyer, all of which items collectively are the �Permitted
Exceptions�.
13. TITLE INSURANCE. Title Insurance will be at the Buyer�s expense.
14. DISCLAIMER. Seller and Hampton Auction & Realty (Or Hampton Auction & Realty
associated salespersons and the closing attorneys) make no representation relative
to (a) the legal and tax consequences of the purchase or ownership of the property;
(b) the availability of utilities or sewer service; (c) the environmental status of the
property; (d) the investment or resale value of the property; (e) the quantity of land
comprising the property; (f) the status of the title of property; (g) the status of
mineral rights to the property: or (h) matters of survey affecting the property.
15. REAL ESTATE SALES CONTRACT. Real estate sales transactions arising out of the
auction shall be evidenced and governed by the Real Estate Sales Contract attached
hereto, which shall be executed by Seller and the Buyer of the property at the
auction. The terms of the Real Estate Sales Contract are controlling in the event of
any perceived inconsistency between its terms and any statements in these Auction
Terms and Conditions or any advertisement or other material concerning the
property or the auction. It is therefore recommended that all bidders carefully
review the attached Real Estate Sales Contract before the commencement of the
auction.
16. BIDDER REGISTRATION. All bidders must register with Hampton Auction & Realty
before the auction and receive a bidder registration number and a copy of these
Auction Terms and Conditions.
17. BROKER PARTICIPATION. A qualified, duly licensed Alabama real estate broker
whose prospect is the successful bidder at the auction, and who closes the sale of
the property, will be entitled to receive a commission based on 2% of the prospect�s
written opening bid for the property, excluding the buyer�s premium, and 1% of the
difference between the prospect�s written opening bid and the prospect�s successful
bid for the property, also excluding the buyer�s premium. To qualify for the
commission, a broker must first register the prospect, using the attached �BROKER
PARTICIPATION REGISTRATION FORM� , printed on the broker�s letterhead, mailed,
faxed or hand delivered to Hampton Auction & Realty . The registration must include
the signatures of the broker and prospect, the broker�s real estate license number,
and the prospect opening bid for the property. The registration must be received by
United Country at least 48 hours prior to commencement of the auction. UNDER NO
CIRCUMSTANCES WILL BROKER REGISTRATION BE ALLOWED ON THE DAY OF THE
AUCTION. In addition, to qualify for a commission, the broker must attend the
auction with prospect, must have shown the property to the prospect before the
auction, and the sale of the property to prospect must close. A BROKER CANNOT
ACT AS A PRINCIPAL AND BROKER ON THE SAME TRANSACTION.
18. AGENCY. Hampton Auction & Realty is acting exclusively as an agent for the Seller.
Hampton Auction & Realty Is not acting as an agent for the buyer with respect to any
transaction contemplated under these terms and conditions. Hampton Auction &
Realty has the exclusive right to list and sell the property put up for sale at the
auction. All negotiations concerning the sale of the property must be conducted
through Hampton Auction & Realty.

***LEAD BASE PAINT DISCLOSURE***
INFORMATION ON LEAD-BASED PAINT AND LEAD BASED PAINT HAZARDS
SELLER�S DISCLOSURE for property at _________________________________________________________
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified
that such property may present exposure to lead from lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including
learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also
poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the
buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller�s possession
and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based
paint hazards is recommended prior to purchase.
Seller�s Disclosure
(a) ________ ________ Presence of lead-based paint and/or lead based paint hazards (check one below):
(initial)
? Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
_________________________________________________________________________________
? Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) ________ __x______ Records and reports available to the seller (check one below):
(initial)
? Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or
lead-based paint hazards in the housing (list documents below).
_________________________________________________________________________________
? Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the
housing. x
Purchaser�s Acknowledgement
(c) ________ ________ Purchaser has received copies of all information listed above.
(initial)
(d) ________ ________ Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.
(initial)
(e) ________ ________ Purchaser has (check one below):
(initial)
? Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection
for the presence of lead-based paint and/or lead-based paint hazards;
--OR--
? Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint
and/or lead-based paint hazards.
FORM LB Paint Page 1 of 2
(Revised 04-14) THE USE OF THIS FORM BY ANYONE OTHER THAN A REALTOR� MEMBER IS STRICTLY PROHIBITED.
COPYRIGHT Huntsville Area Association of REALTORS�

2 BR/1 BATH FIXER UPPER - SHADE TREES CORNER LOT AND STREET. Subject property has a City of Decatur Citation regarding violations to structure that explains details of violations *SEE DCOUMENTS FOR INFORMATION about what will need to be done to subject property regarding an Application for REPAIR OR DEMOLITION PERMITS. AND EXPRESSLY SUBJECT TO all requirements and conditions including but not limited to, obtaining permit(s) and performing necessary work, and/or demolishing, imposed by Official Notice No. 23-1513UB, as extended by subsequent notice dated March 25, 2024, and signed by Josh A. Sloan, Code Enforcement Officer III, wherein the City of Decatur, Community Development Department, as of June 7, 2023, found the structures including the residence on the subject property to contain violations including "unsafe, unfit, or unlawful" conditions. A prospective buyer should satisfy himself or herself of any and all obligations and/or requirements to remedy that run with the subject property, including the time frame to demolish or make necessary repairs. The following is a statement received by Seller's attorney from Mr. Sloan: "New buyers will not be given a new time frame to abate the unsafe buildings but will be given grace to present proposals, obtain permits and beg[i]n work." All questions respecting the requirements and/or obligations imposed by the above-referenced Notice or Notices, including the foregoing statement, should be addressed to Mr. Sloan or other appropriate official of the Community Development Department, City of Decatur, Alabama. Seller and Auction Company, including their attorneys, employees, agents, and/or representatives, make no representations, and disclaim all warranties, express or implied, with regard to this matter. *BOAT IN BACK YARD GOES WITH THE PROPERTY AUCTION ONLINE BIDDING: www.AlabamaAuction.com Start Bidding: April 26th 2024 2PM CST Bidding Ends: May 17 2024 5PM CST Contact Mark for Questions: (256) 565-5907