Sheriff's Sale Conditions
Conditions of a sale may not be modified once the sale has commenced. The sale is considered to have commenced once the pre-sale announcement is begun. At that point, the plaintiff may not cancel a sale or change the conditions of a sale (splitting of items into multiple sale lots for example).
All items are subject to sale cancellation at any time prior to commencement of the sale. Cancellations will be announced as part of the sale announcement.
Sales are subject to any and all existing liens or encumbrances. It is not the responsibility of the Sheriff's Office to determine whether such liens or encumbrances exist, nor to disclose such information if known. Any lienholder desiring to announce the existence of a lien will be permitted to do so when the sale of the item is called, if he notifies the Sales Clerk that he desires to make an announcement prior to commencement of the Sheriff's Sale. Announcements will be limited to making the existence of a lien known and the amount of the lien. Lien holders not making their desire known before the start of the Sheriff's Sale will not be permitted to make an ad-hoc announcement.
Any person, other than a plaintiff, desiring to bid, must complete a Bidder Information Record (BIR) prior to the sale. The bidder will submit the record to the Sales Clerk when the first bid is made. Persons functioning as an agent must complete a separate BIR for each individual/organization represented, and must indicate which entity they represent when making a bid.
Documentation (Bill of Sale, Sheriff's Deed, receipt, etc.) will be issued in the name given on the BIR. If the plaintiff is the successful bidder, documentation will be issued in the name as given in the judgement or assignment of judgement.
First and subsequent bids must include the name of the bidder as reflected on the BIR as well as the amount bid.
A bidder may withdraw his bid at any time before the property is sold off to him. The bidder cannot, in the absence of fraud or unfairness, withdraw his bid after that point. Should that occur, the bidder will be barred from further bidding at that sale and all future sales.
Successful bidders must make a non-refundable minimum deposit of 10% of the final bid amount immediately following the sale. Payment of the remaining amount of the sale must be made in full before 2:00 p.m. on the date of the sale or the total amount of the deposit will be forfeited. Payment must be made in the form of a cashier’s check, unless prior arrangements are made with the Sales Clerk. Request for alternate forms of payment will be considered on a case-by-case basis. Under no circumstances will personal checks be accepted.
All sales may be subject to Florida sales tax, pursuant to Florida Statutes. Sales tax will be collected in addition to the amount bid.
The purchaser must pay any storage charges directly to the companies storing goods. Storage costs will be announced at the time the item is called to sale.Back to Top Page Last Edited: Mon Apr 8, 2013 8:23:32 AM
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