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Features

  • 3 bedroom built in robes + ensuite & study
  • Narellan 4 year old Stone Home
  • Steel frame, brick & stone
  • Set high overlooking highway
  • Bamboo flooring in living area
  • Kitchen stone bench tops & glass tiles
  • 3 car garage
  • 10 x 8m entertainment area
  • Swimming pool
  • 10kw solar power
  • Post & rail fence, sealed driveway
  • 2 main paddocks, 2 dams
  • 36 x 8m colorbond shed, 4 x 12m tractor skillion shed, Bike shed, chook run & green house
  • 5 minutes north of Marulan, 20 minutes from Goulburn, 1 hour Campbelltown

Open house

29/07/2017: 10:00 AM - 11:00 AM
12/08/2017: 10:00 AM - 11:00 AM

Sign up or login to RSVP for open house

  • Description
  • Auction conditions
  • Bidders guide
  • Sale Ezy conditions of use

This property has got the lot! 25 acres, highway frontage, Sydney side of Marulan with a near new home. The 3 bedroom + study 4 year old Narellan stone and brick home sits in a commanding position overlooking the highway and surrounding area. This executive home has bamboo flooring in the living areas, the kitchen has all that you could think of including stone bench tops, glass splash back tiles, in built coffee machine and microwave, double stainless steel sink with chilled and boiling water and all the mod-cons to make that great family meal. Adjoining the home is the 3 car garage, 10 x 8m under cover entertainment area and swimming pool. The home is surrounded by easy care gardens and trees and a white post and rail fence along the sealed driveway to the sculptured front gate and entranceway. Improvements include a 36 x 8m colorbond shed with 4m verandah, concrete floor, power & water connected and is being used as a dog breeding enterprise with 28 pens, exercise yard. These dogs live in style. Adjoining the shed is a 12 x 4m tractor skillion shed, cool room (needs repair) green house and chook run. This facility could be run as boarding kennels or converted to stables. Close by is a 7m self contained cabin with kitchen, shower & toilet. This property is 5 minutes Sydney side of Marulan and is a must to see!

Travel Time Major Centre: 5mins from Marulan, 20mins from Goulburn, 1 hour Campbelltown

Situation Access: Hume Highway frontage

Dwelling Entitlement: Yes

Rates: $940.00p.a

Rainfall: 700-750mm

Phone: Connected Mobile Reception: Good Smoke Detectors: Yes

Internet Connection: Optus Type ADSL/Wireless/Satellite/Other:

Power: Connected +10kw solar panel Mail: Yes Bus: Yes

Built Prior to 1980: No Insulation: Yes Bats: Yes Loose Fill: N/A

If Loose Fill-Inspected: N/A Proof of Inspection: N/A

Title: Lot 1 DP: 1088993 Zoning: E3 – Environmental Management

Covenants/Easements: Power easement

Sale Yards: Moss Vale Air Services: Sydney Schools: Marulan & Goulburn

Topography: Undulating rising to back of property

Soils & Suitability: Grey loam

Crops/Pastures: Native & improved pastures Fertiliser History: None recently

Timber: Shade trees & Pine shelter behind house & fruit trees (73) only young – including Apple, Cherry, Mulberry, Fig, Peach, Apricot, Nashi Pear, Almond & Walnut Cover: 1%

Arable Area: 60%

Paddocks: 2 main paddocks Production Capacity: 4-5 cattle / 30 sheep

Fencing: North: Hinge Joint & Steel South: Netting, Steel & Concrete

East: Hinge Joint & Steel West: Hinge Joint & Steel

Stock Yards: Cow shed with loading ramp

Property Water: 2 dams

House Water: 2 house tanks – 90,000litres & 160,000litres on shed

Homestead: 3 bedroom + study Narellan stone home. No expense spared. Bamboo floors in living & kitchen, carpet in bedrooms. Kitchen has stone bench tops, glass tiles, gas stone & oven, inbuilt coffee machine & microwave oven, double stainless steel sink with instant chilled & boiling water. Main bedroom with bay windows, WIR & ensuite. House has 3 car garage, 10x8m under cover entertainment area & swimming pool. Surrounded by easy care gardens & white post & rail fence from Eagles Lane with sealed driveway

Improvements: 36x8m colorbond shed with 4m front verandah with 28 dog pens. Could be converted to stables, insulated, concrete floor, power & water connected. 2.5x2.5m coolroom–needs repairs, 6x3m green house, small bike shed, 4 x 12m skillion tractor shed, chook run

Other Accommodation: 7m self-contained cabin with kitchen, shower & toilet

Additional Comments: A beautiful 4 year old home set high overlooking the freeway. This home will only improve as gardens and trees mature. Currently being run as a dog breeding enterprise with all care taken for the animals

New South Wales Auction Conditions

Property, Stock and Business Agents Regulation 2014

Part 3 Clause 15

15 Conditions of sale by auction

1. The following conditions are prescribed as applicable to and in respect of the sale by auction of land or livestock:

  1. The vendor’s reserve price must be given in writing to the auctioneer before the auction commences (but not if the auction relates solely to livestock).
  2. A bid for the vendor cannot be made unless the auctioneer has, before the commencement of the auction, announced clearly and precisely the number of bids that may be made by or on behalf of the vendor.
  3. The highest bidder is the purchaser, subject to any reserve price.
  4. In the event of a disputed bid, the auctioneer is the sole arbitrator and the auctioneer’s decision is final.
  5. The auctioneer may refuse to accept any bid that, in the auctioneer’s opinion, is not in the best interests of the vendor.
  6. A bidder is taken to be bidding on the bidder’s own behalf unless, before bidding, the bidder has given to the auctioneer a copy of a written authority to bid for or on behalf of another person.
  7. A bid cannot be made or accepted after the fall of the hammer.
  8. As soon as practicable after the fall of the hammer the purchaser is to sign the agreement (if any) for sale.

2. The following conditions, in addition to those prescribed by subclause (1), are prescribed as applicable to and in respect of the sale by auction of residential property or rural land:

  1. All bidders must be registered in the Bidders Record and display an identifying number when making a bid.
  2. Subject to subclause (3), the auctioneer may make only one vendor bid at an auction for the sale of residential property or rural land and no other vendor bid may be made by the auctioneer or any other person.
  3. Immediately before making a vendor bid the auctioneer must announce that the bid is made on behalf of the seller or announce “vendor bid”.

3. The following conditions, in addition to those prescribed by subclauses (1) and (2), are prescribed as applicable to and in respect of the sale by auction of co-owned residential property or rural land or the sale of such land by a seller as executor or administrator:

  1. More than one vendor bid may be made to purchase the interest of a co-owner.
  2. A bid by or on behalf of an executor or administrator may be made to purchase in that capacity.
  3. Before the commencement of the auction, the auctioneer must announce that bids to purchase the interest of another co-owner or to purchase as executor or administrator may be made by or on behalf of the seller.
  4. Before the commencement of the auction, the auctioneer must announce the bidder registration number of any co-owner, executor or administrator or any person registered to bid on behalf of any co-owner, executor or administrator.

4. The following condition, in addition to those prescribed by subclause (1), is prescribed as applicable to and in respect of the sale by auction of livestock:

The purchaser of livestock must pay the stock and station agent who conducted the auction (or under whose immediate and direct supervision the auction was conducted) or the vendor the full amount of the purchase price:

  1. if that amount can reasonably be determined immediately after the fall of the hammer—before the close of the next business day following the auction, or
  2. if that amount cannot reasonably be determined immediately after the fall of the hammer—before the close of the next business day following determination of that amount,

unless some other time for payment is specified in a written agreement between the purchaser and the agent or the purchaser and the vendor made before the fall of the hammer.

Property, Stock and Business Agents Regulation 2014

Part 3 Clause 17

17 Warnings about bidders’ obligations

1. The notice required to be given by section 78 (3) of the Act is to be in the following form:

Penalty for collusive practices

It is an offence against the Property, Stock and Business Agents Act 2002 for a person to do any of the following as a result of a collusive practice, or to induce or attempt to induce another person by a collusive practice to do any of the following:

  1. to abstain from bidding,
  2. to bid to a limited extent only,
  3. to do any other act or thing that might prevent free and open competition.

Severe penalties may be imposed on persons convicted of collusive practices.

2. The notice required to be given by section 83 (2) of the Act is to be in the following form:

Successful bidders

The actual successful bidder at an auction sale must give to the auctioneer or an employee of the auctioneer:

  1. the bidder’s name, or
  2. the name of the person on behalf of whom the successful bid was made.

3.The notice required to be given by section 66 (4) of the Act is to be in the following form:

Penalty for dummy bidding

It is an offence against the Property, Stock and Business Agents Act 2002 for a person to do any of the following:

  1. make a bid as the seller,
  2. make a bid on behalf of the seller (unless the person is the auctioneer),
  3. procure another person to make a bid on behalf of the seller.

Any bid made with the dominant purpose of benefiting the seller constitutes a bid made on behalf of the seller.

A bid may be found to be a bid made on behalf of the seller even though the seller did not:

  1. request the bid, or
  2. have any knowledge of the bid.

Severe penalties may be imposed on persons convicted of dummy bidding.

4. Each notice must:

  1. have its contents clearly and legibly written or printed in the English language, and
  2. be exhibited in a conspicuous position so as to be clearly visible to, and available for inspection by, any person attending the auction before and during the auction.

Bidder's Guide

The NSW Department of Fair Trading

Residential and rural property auctions

You will not be able to bid at an auction of residential and rural property in NSW unless you give the selling agent your name and address and show proof of your identity. Your details will be recorded by the agent in the Bidders Record and at the auction you will be given a bidder’s number. Registering for an auction does not mean you must bid. Registering simply gives you the right to bid.

Who needs to register?

If you are bidding to buy the property jointly with another person, for example, a spouse or partner, only one of you needs to register.

You need to register if you are bidding for another person or a company, and you need to show the agent a letter of authority from them, authorising you to bid on their behalf. This also applies if you are bidding on behalf of someone on the telephone.

If you are bidding for another person the letter of authority must include the person’s name, address and the number on their proof of identity (eg. driver’s licence). If you are bidding for a company the letter of authority must be on the company letterhead and the ABN will be recorded in the Bidders Record as the company’s proof of identity.

Proof of identity

To register, you must present a card or document issued by government or a financial institution, that shows your name and address, for example:

  • driver’s licence or learner’s permit
  • vehicle registration paper
  • council rates notice.

If you do not have this kind of proof of identity, you can use two documents that together show your name and address. One must show your name and be issued by a government or financial institution, for example:

  • passport
  • Medicare card
  • ATM/Eftpos card
  • credit card or store card
  • birth certificate
  • citizenship papers.

The other must show your address, for example:

  • utilities bill (eg. gas, electricity, telephone)
  • real estate rental agreement
  • statutory declaration stating your address.

When to register

You can register with the selling agent at any time prior to the auction, such as when you inspect the property, or on the day itself. If you pre‑register, you will still need to show the agent your proof of identity on auction day. The agent will then give you your bidder's number.

What happens at registration

The agent will write your name, address and the number of your proof of identity in the Bidders Record and, if you are bidding for someone else or a company, their name, address and proof of identity details. The agent will then give you your bidder’s number, which must be displayed when you bid.

What if I arrive at the auction late?

If you arrive after the auction has started and wish to bid, you will need to quickly find the agent and register or present your proof of identity, if you have pre‑registered. If you need to make a bid immediately, hold up your hand to let the auctioneer know you are going to make a bid after you have registered.

These documents are developed by the NSW Government.

Bidder's Guide

The NSW Department of Fair Trading

Residential and rural property auctions

You will not be able to bid at an auction of residential and rural property in NSW unless you give the selling agent your name and address and show proof of your identity. Your details will be recorded by the agent in the Bidders Record and at the auction you will be given a bidder’s number. Registering for an auction does not mean you must bid. Registering simply gives you the right to bid.

Who needs to register?

If you are bidding to buy the property jointly with another person, for example, a spouse or partner, only one of you needs to register.

You need to register if you are bidding for another person or a company, and you need to show the agent a letter of authority from them, authorising you to bid on their behalf. This also applies if you are bidding on behalf of someone on the telephone.

If you are bidding for another person the letter of authority must include the person’s name, address and the number on their proof of identity (eg. driver’s licence). If you are bidding for a company the letter of authority must be on the company letterhead and the ABN will be recorded in the Bidders Record as the company’s proof of identity.

Proof of identity

To register, you must present a card or document issued by government or a financial institution, that shows your name and address, for example:

driver’s licence or learner’s permit
vehicle registration paper
council rates notice.
If you do not have this kind of proof of identity, you can use two documents that together show your name and address. One must show your name and be issued by a government or financial institution, for example:

passport
Medicare card
ATM/Eftpos card
credit card or store card
birth certificate
citizenship papers.
The other must show your address, for example:

utilities bill (eg. gas, electricity, telephone)
real estate rental agreement
statutory declaration stating your address.
When to register

You can register with the selling agent at any time prior to the auction, such as when you inspect the property, or on the day itself. If you pre‑register, you will still need to show the agent your proof of identity on auction day. The agent will then give you your bidder's number.

What happens at registration

The agent will write your name, address and the number of your proof of identity in the Bidders Record and, if you are bidding for someone else or a company, their name, address and proof of identity details. The agent will then give you your bidder’s number, which must be displayed when you bid.

What if I arrive at the auction late?

If you arrive after the auction has started and wish to bid, you will need to quickly find the agent and register or present your proof of identity, if you have pre‑registered. If you need to make a bid immediately, hold up your hand to let the auctioneer know you are going to make a bid after you have registered.

These documents are developed by the NSW Government.

General terms and conditions
TERMS AND CONDITION OF ACCESS AND USE

PART A – What are these terms and conditions about?

1. Accessing the Website. These terms and conditions set out the provisions that apply to any person wishing to access and use this website (“Website”) and form legally binding agreement between such user (“you”) and the owner and operator of this website, Sale.Ezy.com Pty Ltd (ABN 44 126 608 697) (“Owner”). If you are accessing and/or using the Website, not as an individual, but as an employee or agent then your employee or principal is similarly bound and included in the expression “you”and its grammatical various forms. The Website is available for you to:

a. Access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below in Parts B and D.
b. Provide information about your property or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below in Parts C and D.

2. Registration. If you wish to bid for and possibly buy a property by using this website you must first register a My SaleEzy account with the Owner by going to the registration ‘sign up’ page and reading and specifically agreeing to these terms and conditions by clicking “Ï agree” where indicated.

PART B – Us of content and information on the Website

1. Intellectual Property. Copyright in the works comprising this Website and it content is owned by the Owner and/or third parties. The Owner reserves all other intellectual property rights. The content and information provided on the Website is provided for personal use only and may not be:

a. Re-sold and/or re-distributed in any material form;
b. Stored in any storage media; and/or
c. Re-transmitted in any media,

Without the prior written consent of the Owner.

2. Prohibited Use Except for the limited use set out in paragraph B3 you may not use the Website, or its content for:

a. The reproduction, distribution or retransmission of the content in any form;
b. Uploading and or/reposting the content to any other website;
c. “framing” the content on the Website with other content on any other website.

3. Permitted Use. You may download and/or print content from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices.

4. Copy and Modifying. You may not copy or modify:

a. The look and feel of the Website; and
b. Any computer software design and/or code contained in the Website, or replicate any of the functionality without explicit, written permission from the Owner.

5. Third Party Sites. The Website contains links or refers to websites owned and operated by third parties (each a “Third Party Site”) as a convenience to you. The existence of those links or references does not imply any endorsement by the Owner of the Third Party Site. The Owner has no control or influence in respect of content and information contained on Third Party Sites.

6. No Warranty or Reliance. The Owner provides information, and makes the Website available for others to provide information, for general information purposes only without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the quality, accuracy, reliability, merchantability, fitness for any particular purpose or timeliness or otherwise, of the information contained on the Website and/or Third Party Sites. You must not rely on any statement contained in the Website or Third Party Site without taking specialist advice and making your own enquiries. While the Owner endeavours to ensure the accuracy and completeness of the information contained in the Website, it accepts no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.

a. Similarly, the Owner uses a recognised third party supplier to undertake initial ID validation, in addition to undertaking mystery ID checks and requiring presentation of picture ID. While the Owner endeavours to ensure the accuracy of identification, upon sale, vendors and buyers are accountable for confirming ID accuracy of the other party. The Owner accepts no responsibility for any loss or damage you may suffer as a result or your sole reliance on third party ID validation.

7. No Liability for Use. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

a. Acting, or failing to act, on any information contained on or referred to on the Website and/or any Third Party Site; and
b. Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or Third Party Site.

8. Viruses and Error. The Owner does not warrant, guarantee or make any representation that:

a. The Website or any Third Party Site, or the servers that make them available are free of software viruses;
b. The functions effected by the software contained on the Website or Third Party Sites will operate uninterrupted or are error-free; or
c. Error and defects in the Website or any Third Party Site or the software contained in them will be corrected in a timely manner or at all.
However, the Owner has gone to all reasonable lengths (in some cases beyond) to protect against and prevent such issues.

9. No Liability for Defects. The Owner is not liable to you for:

a. Errors or omissions in the Website or any Third Party Site;
b. Delays to, interruptions of or cessation of the services provided in the Website, or any Third Party Site including servers; and
c. Defamatory, offensive or illegal conduct of any user of the Website or any Third Party Site,
Whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.

10. Repairs. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as of consequence of you accessing the Website.

11. Limitation of Liability. The disclaimers and exclusions in these terms and conditions may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner’s liability for any implied warranty or condition is limited at the choice of the Owner, to one or more of the following:
If the breach of an implied warranty or condition relates to services:

a. The supply of the services again; or
b. The payment of the cost of having the services supplied again.

If the breach of an implied warranty or condition relates to goods:

c. The replacement of the goods or the supply of equivalent goods;
d. The repair of such goods;
e. The payment of the cost or replacing the goods or acquiring equivalent goods, or having the goods repaired.

PART C – Terms and conditions relating to the providing of information about your product or service for uploading on to the Website.

1. Warranties of Uploaders. You represent and warrant in relation to any content and/or information you provide to the Website that:

a. You are authorised to provide the content and /or information;
b. The content and/or information is not defamatory or a malicious falsehood in relation to any product, service, person, corporation governmental agency or other legal entity (“person”);
c. The content and/or information is not a “passing off”of any product or service and does not constitute unfair competition;
d. The content and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright of any other person; and
e. The content and/or information does not infringe any legislation or regulation of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the content and/or information is or will be available electronically to users of this Website.

2. Licence.By uploading any content which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the intellectual property”) on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:

a. Reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by the intellectual property law in any jurisdiction in which the Website is available to users; and
b. Allow the Owner to sub-license others the same rights granted to the Owner in (a) above.

3. Power to Remove, In relation to any content and/or information included on the Website, the Owner may remove any content and/or information, including but not limited to links to other sites on the www, at any time without giving any explanation or justification for removing the content and/or information.

4. Costs. The Owner and its respective officers, employees and agents have no liability for any cost, losses or damages of any kind, which you may incur, arising whether directly or indirectly from or in connection with your uploading of content onto or other use of the Website, which costs are entirely to your account. This applies in relation to or in connection with any content and/or information supplied in respect of advertising on the Website; and as a consequence of removing any content and/or information from this Website.

5. Indemnity. You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out or, in connection with or in respect of any breach of these terms and conditions by you; and publication of or distribution of the content and/or information supplied by you

PART D – General

1. Termination of Access. The Owner may terminate access to the Website at any time without giving any explanation of justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

2. Variation. The Owner reserves the right to change these terms and conditions:

a. With or without further notice to you; and
b. Without giving you any explanation or justification for such change.

3. Severability. If any part of these terms and conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these terms and conditions and the severed part will not affect the validity and enforceability of any remaining provisions.

4. Choice of Law. These terms and conditions will be governed by and interpreted in accordance with law of New South Wales, without giving effect to any principles of conflicts of laws.

5. Jurisdiction. You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these terms and conditions.

6. Personal Information and Privacy. Terms and our policy relating to the collection and use of your personal information are contained in our Privacy Policy Statement at Policy.

I. Basic Account and Service Information

1.1 Sale.Ezy.com.au’s Service

a. Sale-Ezy.com provides an online auction platform (the ‘site’) for Sellers to list real estate for sale and for Buyers to bid to purchase real estate and thereby facilitate the Seller and Buyer entering into a legally binding and enforceable contract for the sale & purchase of the real estate.
b. Sale-Ezy.com is not a party to the offer or sale of the real estate, does not own the real estate listed for sale on the site and its role is limited to providing the platform for the sale of the real estate listed on the site.
c. Sale-Ezy.com does not warrant and is not responsible to a Member:

1. in the event a Seller or Buyer fails to complete a transaction as envisaged under these terms of use

2. for the fulfilment of the sale of any real estate listed on the site;

3. the state and condition of any real estate listed on the site; and

4. for verifying the material, content and information on the site and is not responsible for any Liability by any Member as a result of relying on any material, content and information posted on the site.

1.2 Terms of Service

a. By registering to become a Seller or Buyer you become a member (‘Member’) of Sale-Ezy.com agree to be bound by these Terms of Use, operating rules and Privacy Policy as amended from time to time.
b. In addition to these Terms of Use Buyer’s also acknowledge and agree to be bound by the Seller’s addition conditions of sale in the asset listing so long as those conditions of sale are not in breach of the Terms of Use or are otherwise unlawful

1.3 Member Sign-up

a. If you are applying as an individual, you expressly represent and warrant that you have the capacity under the applicable laws of the state or territory of

1. The state or territory of which you are a resident; and
2. The state or territory of the real estate
to enter into a legally binding contract.

3. If you are applying as an entity, you expressly represent and warrant that you have been duly authorized by your company, partnership, or other legal entity to enter into agreements on behalf of that entity.

4. Each Member expressly agrees to:

1. provide complete and accurate information about the Member as required and requested by Sale-Ezy.com;
2. maintain and update the requested information as required to keep it current, complete and accurate; and
3. undertake a verification of identity check (‘VOI’) as directed by Sale-Ezy.com.

5. If any information provided by Member is incomplete or inaccurate, Sale-Ezy.com retains the right to terminate Member's rights to use the site. Providing false or fraudulent Member information could subject a Member to criminal or civil liability as well as being a breach of these Terms of Use. Member may change personal information on its existing membership account only to update the Member account.

6. The site is a private venue and as such Sale-Ezy.com may at its sole discretion deny access to its site, and for any reason or for no reason.

7. Once a party becomes a Member of the Site, the Member will select a username and a password. Members are entirely responsible for maintaining the confidentiality of their usernames and passwords. Furthermore, Members are entirely responsible for any and all activities which occur under a Member's username and password.

8. Members agrees to immediately notify Sale-Ezy.com of any unauthorized use of Member's username or any other breach of security known to Member. Sale-Ezy.com may terminate the membership of any Member due to the misuse, improper use or unauthorized use of their username, password or this site. Sale-Ezy.com shall not be responsible and the Member shall hold harmless Sale-Ezy.com for any Liability arising from the misuse, improper use or unauthorized use of their username, password or this site.

2. Auctions on the Site

2.1 Standard Auction Procedure

a. The real estate listed on the site will have a description, contract for sale & purchase and auction conditions on the site.

b. Real estate is listed for the specified bidding periods (the "bidding") shown on the site and are deemed "sold" at the close of bidding set at a time pre-determined by the Seller,or extended by active bidding competition until Sold and as further provided below. The sale is subject to a Reserve Price set by the Vendor. This cannot be increased during the auction period but may be reduced to meet the market or an offer acceptable to the Vendor.

c. Once bidding commences, Buyers may make a bid at any time prior to the nominated closing of the bidding and the bidding will be extended for a further period or periods of 1 minute and 30 seconds should any bids be received within 1 minute and 30 seconds before the nominated closing time (and as extended by this clause).

d. All real estate will have a minimum bid price or Base Price disclosed on the site.The Seller will impose a reserve price as disclosed to Sale-Ezy.com, which is not published on the site. If there are no bids at or above the reserve price, then the Seller is not obligated to sell the real estate.

e. After bidding closes on each item of real estate, Sale-Ezy.com will send the highest Bidder and Seller and their legal representativesan e-mail detailing the highest bid and contact information (a "Sales Advice”)

f. In all auctions, a Buyer who is designated as the winning bidder on the real estate listing, whether or not they receive a Sales Advice, is legally bound to buy the real estate at the quoted bid amount (see "Contractual Obligations of Buyers and Sellers" below), and the Seller is legally bound to sell the real estate, pursuant to these Terms of Use and always subject to the terms and conditions contained with the contract for sale and purchase and auction conditions as disclosed on the site by the Seller.

g. The Sellers legal representativeis obligated to contact the winning Bidders legal representative within two (2) business days after the close of the bidding to complete the transaction.During this period the agreed deposit must be paid by the purchaser to the Sellers legal representative and contracts must be exchanged.

h. The winning Bidders legal representative is also obligated to contact the Seller within two (2) business days to complete the transaction and affect an exchange.

i. Once the parties are in contact, the Seller or their representative and winning Bidder or representative shall complete the Exchange of the purchase and sale of the real estate pursuant to “Settlement of Transactions” below.

2.2 Right to Re-Open Auction

a. Notwithstanding anything these Terms of Use to the contrary, in the rare event of a documented interruption in service, technical error or other exceptional circumstance of a similar nature (defined by and determined at the sole discretion of Sale-Ezy.com), with respect to the site (excluding technical errors with the Member's own equipment or Internet connection), the:

1. Seller for any adversely affected auction shall have the right, within two (2) business days after such auction has closed,, to direct Sale-Ezy.com to re-open such auction. .(if the site has an interruption of service the auction would fail to complete and no sales advice would be issued. If the auction completes and the hammer falls a sales advice would be issued and this would be binding?) Sale-Ezy.com must promptly send an email to all documented Bidders, , specifying the details pursuant to which the affected auction shall be re-opened. The property would be reoffered with all registered parties notified.

2. Bidders must make claims of interruption in service or technical error with respect to the services provided by Sale-Ezy.com within 24 hours after an auction has closed. Sale-Ezy.com will make final determination that there has been a documented interruption in service or technical error on site that has impacted the Member's ability to place a bid. However, the decision to re-open any auction shall continue to be at the sole discretion of the Seller.

3.Responsibility of Members

3.1 Who can Bid

a. Buyers must be capable of forming legally binding relations under applicable law. The services provided by Sale-Ezy.com are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from, or otherwise incapable of, entering into binding contracts.

b. Bidders are required to submit credit or debit card information to verify their identity as a Real Person prior to submitting a bid.

3.2 Who can Sell

a. Sellers must be the rightful owners, or authorized by the owners of such property, a court of law, or through power of attorney to sell the real estate they have listed on the Site and must upon request by Sale-Ezy.com, produce evidence of ownership and/or authorization to sell on the Site.

3.3 Contractual Obligations of Buyer & Sellers

a. These Terms of Use, together with the contract for sale and purchase and auction
conditions for a particular piece of real estate disclosed on the site, comprise a contract between a Seller and the winning Bidder in any completed auction.

b. By bidding on an Asset a Bidder agrees, and by listing real estate on the Site a Seller agrees, to be bound by these Terms of Use and the contract for sale and purchase and auction conditions, so long as those conditions of sale are not in breach of these Terms of Use or unlawful. In the event of any direct conflict between these Terms of Use and any conditions of sale provided by a Seller, then these Terms of Use shall prevail. Wouldn’t the general conditions of auction prevail?

c. A bid made by a Buyer is an irrevocable offer to purchase the real estate from the Seller at the bid price that may only be withdrawn in the event there is a material change in the description of the real estate or the terms and conditions of its sale after the relevant bid has been made.

d. Unless otherwise indicated by the Seller on the listing the real estate listed for sale on the Site is sold on an ‘as is’ and ‘where is basis’ and a Buyer cannot make any claim or raise any requisition or objection in respect to the present condition of the real estate as at the close of the Auction or in respect of fair wear and tear since that date. It is the Buyer’s obligation to make inquiries and undertake due diligence research in respect to real estate prior to making a bid.Subject to sellers disclosures and warranties in their contract for sale.

e. If a Buyer bids on an Asset and that bid represents the highest bid for that Asset, and the highest bid is at or above the Seller's reserve price, with the exception of Best Offer auctions as described above, the Buyer's bid is deemed accepted by the Seller (subject to these Terms of Service, including the right of a Buyer to change or retract a bid in the event of a material change in the description of the Asset, as set forth below) and a contract of sale will be formed between the Seller and the Buyer.

f. For Best Offer sales:

1. The Buyer’s bid is deemed accepted by the Seller if the Seller notifies the Buyer of such. In the event the Seller does not give notification that the bid has been accepted within 24 hours then the bid automatically lapses.

2. Once the Seller accepts a Buyer's bid, the Seller is obligated to sell the Asset at the price he/she agreed and pursuant to these Terms of Service and the Seller's conditions of sale.

3. The Seller will provide written notice to the Buyer that the Seller has accepted the Buyer’s bid and request that the Buyer confirms within24 hours the sale of the real estate under auction conditions.

4.Upon the Buyer providing to the Seller their consent to the sale proceeding
on auction conditions a contract of sale will be formed between the Seller and the Buyer and a Sales Advice issued with agreed sale offer and contact details to Sellers Solicitor, Buyers Solicitor and to both Seller and Buyer.

g. The Seller and Buyer of any item of real estate must in circumstances where a contract of sale has been formed pursuant to these Terms Of Use complete the exchange of contracts sale and purchase of the real estate as follows:

1. Sale-Ezy.com will issue a Sales Advice in respect to the real estate and thereby provide the Seller and the Buyer with written notice that a contract of sale has been formed.

2. Within one (2) business day of the date of the Sales Advice:

a. the Seller and Buyer must forward to the other party or their legal representative to the transaction a signed contract for sale and purchase dated the date that a contract was deemed to be formed between the parties pursuant to these Terms of Use containing the purchaser’s details including name and address as well as the sale price;
b. the Buyer must provide the Seller with evidence of the payment of the deposit to the Seller nominated legal representative’s trust account.

c. the Buyer must as required by the relevant state’s or territory’s legislation, rules and regulations and notified on the listing provide a certificate waiving any cooling-off period [no necessary – HWE to check no ‘cooling off’ provisions under state & territory laws that apply to auctions].

h. All Members are third party beneficiaries of these Terms of Use, and Buyers and
Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, Sale-Ezy.com retains the right to assess fees or terminate a Member's rights to use the Site in the event a Member breach these Terms of Use.

3.4 Additional Responsibilities of the Seller

a.The Seller must:

1. accurately describe the real estate in a listing provided for inclusion on the Site
and shall be liable for any misstatements or omissions in such description;

2. upload to the Site a contract for sale and purchase that complies with the laws, regulations and rules of the jurisdiction in which the real estate is situated, including a copy of any certificates or warranties required in a contract for the sale and purchase of real estate and conditions for the sale of real estate by way of the auction; and

3. pay to Sale-Ezy.com upon demand Sale-Ezy.com’s fees & charges as notified & described on the Site. The Seller acknowledges that Sale-Ezy.com is under no obligation to list the real estate on the Site till such time as Sale-Ezy.com’s fees & charges have been paid in full.

b. the Seller acknowledges and agrees that Sale-Ezy.com does not provide any representations with regard to the ability of the Bidder to pay the Seller the bid price for the real estate being sold.

c. Unless otherwise agreed to by Sale-Ezy.com in writing, the Seller agrees that Sale-Ezy.com will be the sole selling mechanism for each listed item of real estate for the term of the listing online and the item of Real Estate is not offered for Sale simultaneously by another method or as a Non Exclusive listing with any other medium

4 Rights & Responsibilities of Sale-Ezy.com

4.1 Sale-Ezy.com may change these Terms of Use from time to time with effective as and from the date of publishing the amended Terms of Use to the Site. Member's continued use of the Site constitutes an affirmative: (1) acknowledgment by Member of these Terms of Use and any modifications; and (2) agreement by Member to abide and be bound by these Terms of Use, including any modifications. Both the Seller and Buyer acknowledge that they shall be solely responsible for obtaining updated information concerning changes to these Terms of Use. It is further acknowledged by the Member that the Terms of Use in effect at the time that a contract of sale is deemed to be formed pursuant to these Terms of Use shall be the relevant Terms of Use should a dispute ensue.

4.2 Sale-Ezy.com reserves the right to terminate at its sole discretion a Member’s right to use the Site and will not be liable to the Member or any third-party for any termination of an account or access to the Site.

4.3 The duties and responsibilities of Sale-Ezy.com are limited to those expressly set forth in these Terms of Use.

4.4 Information given to Sale-Ezy.com by Members is subject to Sale-Ezy.com’s Privacy Policy, which is available here [include link]

5 Indemnity & Release

5.1 You release Sale-Ezy.com against all actions, claims, demands arising from or in connection with a failure by another Member to complete a sale.

5.2 You indemnify Sale-Ezy.com against all actions, claims, demands arising from or in connection with an act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

 

Auction

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Auction ends28/08/2017 - 05:00PM
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Agency name: Professionals Real Estate Goulburn
Agent name: Tony McGaw
Agent landline: (02) 4822 1411
Agent mobile: 0427 215 419
Agent email: tony@professionalsgoulburn.com.au
Auctioneer name: Allan McDonald
Auctioneer licence: 142096

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