4. TROPHYAUCTIONS.COM shall prepare the TROPHY property for pre-marketing if SELLER selects one of the 3 marketing packages offered. Advertisement and marketing materials for the property being auctioned on-line will be placed in newspapers and other publications as deemed reasonably necessary to advertise the property offering. Distribution of marketing materials and advertisements in whatever other way Trophyauctions.com determines is reasonable to market the On-Line Auction, so as to receive fair market value for the Property. All premarketing costs are up-front and borne by the Seller. Seller will be reimbursed for premarketing costs at settlement. This is based on pre-marketing plans submitted by Seller. The cost of pre-marketing shall not exceed $_______. If Trophyauctions.com deems it advisable to incur cost in excess of the approved amount, then Trophyauctions.com shall obtain written consent from Seller for the additional expense. If Trophyauctions.com fails to obtain such written consent from Seller, any such additional cost shall be borne by the Trophyauctions.com

5. TROPHYAUCTIONS.COM will respond to all inquiries concerning the on-line subject property as necessary to attract as many potential bidders as possible to obtain the highest price to garner sold results.

6. TROPHYAUCTIONS.COM will provide Seller via email, fax or telephone regarding up dates on the marketing efforts, interest in the property offering and accounting of the number of bids and status on the property offering. Trophyauctions.com does not guarantee performance by the high bidder.

7. A BUYER’S PREMIUM 7.5% 10% shall be in effect on each property on-line auction sale. Percentage to be determined between Trophyauctions.com and Seller prior to on-line listing for auction. The Buyer’s Premium is added to the high bid price to arrive at the final auction contract sales price. The buyer’s premium is to be held in the Sellers, Sellers designated broker or Trophyauctions.com escrow account until settlement. In effect the buyer is paying all real estate related commissions, so there is no out of pocket seller commission for the on-line auction rendered by Trophyauctions.com.

a. If the on-line or on-site auction or listing is canceled, postponed or withdrawn by Seller and Seller has paid Trophyauctions.com and up-front pre-marketing fees pursuant to paragraph 4 (“Pre-Marketing Fee”) then those monies will be forfeited.
b. Seller listing fee is based on the listing and/or estimated market value of the property offering. Check listing fee schedule and fill in the appropriate fee $ . If the property is sold through a 3rd’ party broker, known as a Buyer Broker. The broker must have register the client/buyer 24 hours prior to the on-site auction and/or on-line auction bidding. If the broker’s buyer/client is the successful high bidder on the property then designated broker will receive 3/1 % at settlement of the final auction sale price only if the buyer closes on the property. - Please Refer to Buyer Broker Forms
c. Seller designated broker lists property on Trophyauctions.com for conventional, on-line or on-site auction, then Seller is responsible for paying designated brokers listing fee (stated listing fee agreement) for purposes of settlement proceeds disbursement. Trophyauctions.com will be utilizing the buyer’s premium method of sale. If a 3rd party broker, known as buyer broker client is the successful high bidder and closes on the property out of the 10% buyer’s premium said designated broker will receive a 3/1% commission.
d. If through fault of Buyer, settlement does not take place on or before the auction sale contract Date, (Time Being of the Essence) an extension up to 30 days may be granted to buyer for closing with only written approval by the Seller. The auction sales contract shall be deemed null and void and Buyer shall forfeit the earnest money deposit. In such event, the Deposit shall be disbursed as follows: fifty percent (50%) to the Seller and fifty percent (50%) to Trophyauctions.com. This Auction Sales Contract authorizes said disbursement, but does not limit damages to party/parties amount of Deposit. The Auction Sales Contract always takes precedence over the terms and conditions of the sale.
e.Seller/Client Shall pay TROPHYAUCTIONS.COM for auction services rendered at settlement. If the property is sold on the date set forth or post auction ( refer to Paragraph 11 ) by this contractual agreement to a third party. TROPHYAUCTIONS.COM fee is 7.5% 10% of the total auction sale contractual price, inclusive of the buyer premium percentage. The commission fee must be Federal Expressed next day delivery by the sellers closing attorney or escrow agent to TROPHYAUCTIONS.COM,
274 Atlantic Avenue,
North Hampton, NH 03862
No Exceptions.

8. The Seller reserves the sole, unfettered discretion to cancel the Auction sale at any time for any reason with no additional obligation to Trophyauctions.com other than payment of the compensation due under paragraphs 4 and 7 hereof as well as any additional reimbursable expenses agreed to in writing by Seller and Trophyauctions.com

9. Seller shall provide Trophyauctions.com with specific and pertinent information it might have regarding the subject property inclusive of location, tax map, copy of mortgage deed, assessors card, current annual taxes, soils test, hazardous waste, lead paint and seller property disclosure and any other data Trophyauctions.com may deem necessary to respond to inquiries resulting from on-line listing, advertising, direct mailings and any other method utilized introducing, presenting and showing the property offering.

10. Seller grants Trophyauctions.com the right to place marketing signs on property during the term of this agreement, which signs shall comply with all governmental rules, regulations, and requirements. No FSBO or Realtor signs are permitted during the duration of this agreement.

11. In the event the subject property does not sell to the highest bidder at the on-line or on-site auction, then Trophyauctions.com will be granted the Right To Refer the Seller to the Trophyauctions.com Broker Referral Network. Trophyauctions.com reserves the right to work with all prospective buyers and registered bidder for 120 days from date of sale and will be compensated reference to (Paragraph 7. - Section e.) should buyer close on the subject property.

12. This written agreement constitutes the entire contract between the parties. There are no oral representations of either party other than set forth herein. Any changes to be effective shall be in writing and signed by all parties. SELLER acknowledges receipt of a fully executed copy of this Agreement.

13. This written On-Line and/or On-Site Auction Agreement entered into between TROPHYAUCTIONS.COM and the SELLER(s) supersedes any Listing Broker’s Contractual Agreement with the Seller, if applicable.

OTHER PROVISIONS AND/OR ADDITIONS:

THIS IS A LEGAL BINDING AND VALID DOCUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHALL BE CONSULTED PRIOR TO SIGNING THIS DOCUMENT.

ACCEPTED:
TROPHYAUCTIONS.COM
MARILOU MACKENZIE, PRESIDENT
NH Auctioneer Lic. # 2907
NH Real Estate Brokers Lic. # 031085

Address:
274 Atlantic Avenue
North Hampton, N.H. 03862
Phone: (603 ) 964-8875
Fax: (561) 747 3164
EMAIL: sales@trophyauctions.com
DATE: