The AOS-365 Program
Overview:
Our Patented AOS-365 Program is the Buying and Selling of property through the auction process using our AOS-365 contract. This Agreement of Sale gives the buyer a fully assignable contract that closes within a 365 day period from being signed by both parties and fully executed. How our process differs from other methods is that the buyer is given access to a property once he enters into a deal with a non-refundable 10% deposit. This gives a buyer the amount of time needed so they can prepare the said property for a Conventional Mortgage, Quick Flip or Complete Rehab. With only a 10% non- refundable deposit the buyer can comfortably work on the property for whatever his plans may be without being pressed for time or money. With only 10% down the buyer will have his cash on hand to work on the property rather than waiting for bank draws after expansive appraisals and paid
inspections. It's simple, 10% down, a signed AOS-365 contract and you can go to work on the property the next day.
Why would A Seller treat a Buyer so kindly? Because our Patented 365-Program keeps the Seller in title of the property only giving the buyer access so they can prep the property and complete the transaction. The title does not transfer until the Buyer gives a written 30 day notice to the Seller within the contractual 365 day contractual period. Associated Auctioneers Patented 365-Program provides a built-in 1 year extension to close with an understanding between buyer and seller for limited access. Paid extensions are common on multi-million dollar deals that take months and sometimes years to assemble and close. We have combined some of the same principals of those million dollar deals into our unique 365-Program .
THIS IS NOT A LEASE PURCHASE. The buyer is in no way allowed to establish tenancy or live in the property. Only limited access will be allowed so the property can be worked on and readied for the completion of the AOS 365- sales agreement. Without allowing the buyer to establish tenancy or providing a mortgage the AOS-365 Program circumvents the legal fees of an attorney, the lengthy foreclosure process or the impossible landlord tenant courts. If the buyer does not perform, the contract simply expires. In the rare event the buyer defaults the seller keeps the 10% non-refundable deposit and benefits from the buyers rehab work. Because the buyer is vested with a 10% deposit, time, money and hard work, our Patented 365-Program helps to create an extremely motivated buyer eager to complete and close the deal so he can make some money.
You see, that's what the 365-Program is all about. Giving a Buyer the time and money needed to rehab and flip an otherwise hard to sell property. In this complex real estate market we've been in for the last 7 years CASH IS KING. Because the banks are not lending to the small-time investors, cash buyers have been able to drive prices down and gobble up all of the investment properties. This is great for the cash buyer but not for the seller or small investor. Our Patented 365-Program creates new buyers putting competition back into the market making your real estate have more value . It's simple, Real Estate is about time and money. You give our buyers the time and we will give you the money.
Buyers Responsibilities:
a) Become the high bidder of a property. b) Place a 10% deposit down on said property
c) Sign a AOS-365 Agreement of Sale on Said Property
d) Upon execution of a signed AOS-365 Agreement of Sale, purchaser shall cause liability and property insurance to be in effect on said property.
e) Be willing to pay all carrying cost associated with said property ( taxes, water, sewage, utilities, etc.). Note: all accounts will remain in the sellers name and be paid for upfront in 3 month increments by the buyer.
f) Close on said property within the 365 day time period after giving the seller a 30 day notice. Note: Our AOS-365 provides for a 6 month extension if needed. A 10% non-refundable fee for this extension will be due along with a request for extension in writing no later than 30 days prior to the expiration of your AOS-365 contract.
Please Note: a 10% premium (fee) will be added to the total price after all deposits are applied. i.e. 50,000.00 purchase price of property
10% non-refundable deposit due (5,000.00) 45,000.00 remaining balance due
AOS-365 Fee for consideration of time extended by the seller and due to the seller 10% (4,500.00)
Total due at closing to buyer within the 365 day period following a fully executed AOS-365 contract is in place 49,500.00
Sellers Responsibilities:
a) Sign an Agreement to Auction Real Estate contract with Associated Auctioneers and our Terms and Conditions for our Patented 365-Program .
b) Approve the high bid ( bona fide offer) on your property after auction. c) Sign and fully execute an AOS-365 contract for the said property
d) Give the contractual buyer 365 days to perform and close on the said property while leaving all taxes, utility and running cost accounts associated with the property in the seller name (owner on title of said property) until the closing period within the 365 day contractual time. Note: A 10% Fee will be added to the unpaid principal and due to the you the seller in
consideration for providing the buyer with the 365 days to close the deal. (10% Premium)
Note: The contractual buyer will pay all carrying cost associated with said property ( taxes, water, sewage, utilities, etc.). All accounts will remain in the sellers name and be paid upfront in 3 month increments.
* In the event the seller cannot transfer free and clear title within the 365 day period then the seller will be responsible to return to the buyer any and all deposits, fees, carrying cost and possible legal expenses within reason to the buyer within a 30 day period.
The seller will sign, "in advance" an irrevocable power of attorney allowing the buyer to place a priority lien on the said property in the case of default under the term and conditions of the contract. This Agreement is entered into by SELLER and BUYER based on their knowledge of the values of the PROPERTY and their full understanding of the meaning and significance of all the provisions of the AOS-365 Agreement of Sale and not on any representations made by either of them to the other, or by any other person.
Fee's
Buyers Fee's- A transaction fee of 10% (The Buyers Premium) will be due and payable by the buyer to Associated Auctioneers upon deliverance of a fully executed contract (Our Patented AOS-365 Agreement of Sale) to the buyer for the said property deal. This fee is non-
refundable and NOT contingent upon the closing of this or any other deal. This fee is Payment In Full for providing a fully executed contract with 365 days to close on a deal and not in any way a Real Estate commission.
* The 10% fee is only refundable if the seller for any reason whatsoever is not able to transfer the said property free and clear or cancels the deal for any reason whatsoever. In this rare instance, the seller will become responsible to return any and all deposits, fees, carrying cost and possible legal expenses within reason to the buyer.
Sellers Fee's- The seller is responsible for the commission due at the conclusion of the settlement process that is more specifically identified in the Real Estate Auction Agreement between the seller and Associated Auctioneers.
* In the event the seller cannot transfer free and clear title within the 365 day period then the seller will be responsible to return to the buyer any and all deposits, fees, carrying cost and possible legal expenses within reason to the buyer within a 30 day period.
The seller will sign, "in advance" an irrevocable power of attorney allowing the buyer to place a priority lien on the said property in the case of default under the term and conditions of the contract. This Agreement is entered into by SELLER and BUYER based on their knowledge of the values of the PROPERTY and their full understanding of the meaning and significance of all the provisions of the AOS-365 Agreement of Sale and not on any representations made by either of them to the other, or by any other person.
Associated Auctioneers, their personnel and associates, have been acting as transaction agents and are not to be held liable either to SELLER or BUYER for the performance or nonperformance of any of the terms of this Agreement or any such Agreement they may enter into. The SELLER and BUYER agree that they are entering into this Agreement without any reliance upon any representations or statements which may have been made by the personnel or members of Associated Auctioneers. Both parties the BUYER & SELLER agree to hold Associated Auctioneers harmless for performance or nonperformance of any part of any agreement regarding this transaction.
Associated Auctioneers 2400 East Tioga Street Philadelphia, PA 19134 215-739-1021, Fax 215-739-1071 www.associatedauctioneers.com
Auction Terms and Conditions for the AOS-365 Program
A. The real property is to be sold at auction to the highest bidder, subject to confirmation by the owner
B. Bidding. The highest bidder shall be required, at the conclusion of the sale and at the auction site to (1) sign a written 365- sales agreement, (2) to pay a deposit of 10%__________ by cash, certified check, cashier’s check, or treasurer’s check, payable to ASSOCIATED AUCTIONEERS, INC.
C. The balance of the purchase price will be due within 365 days in accordance with The AOS-365 Program more specially outlined in the AOS-365 Agreement of Sale, together with the net amount of any adjustments and charges shall be paid by certified check, cashier's check or treasurers check made payable to the Title Insurance, to be determined and paid at final settlement.
D. Title to said property shall be passed to buyer Free and Clear when paid in full. E. Contract is not subject to an attorney’s review and is legally binding upon signature.
F. If the purchaser fails to appear at the closing of title within the 365 days, or shall appear and refuse to close at the time and place fixed therefore, by the parties, or shall otherwise fail to comply with any of the Terms and Conditions of the AOS-365 Agreement of Sale, then Seller, at his option, may declare the purchaser in default and retain all money paid as liquidated damages.
G. In the event that the owner is unable to convey title, the successful bidder shall be entitled to the return of his deposits, fees, carrying cost and possible legal expenses within reason to the buyer within a 30 day period and the parties shall be mutually released from all of their obligations under the AOS-365 Agreement of Sale.
H. The purchaser will be required to accept the property in its “AS IS” condition on the date of the auction sale.
I. Oral statements made at or before the time of the auction and statements made in any sales catalog, sales brochure, or advertisements in connection with the sale, pertaining to location, zoning, taxes, condition, titles, surveys etc. of the property are for information only and should be verified by the purchasers. Purchasers will be bound by any statements or facts disclosed in any current tax maps, zoning maps and ordinances, building restrictions, surveys and other data pertaining to the property.
J. Seller has neither employed nor hired any agent, auctioneer, or salesman except for ASSOCIATED AUCTIONEERS.
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K. Upon execution of a signed contract, purchaser shall cause liability and property insurance to be in effect on said property.
L. This sale is subject to a -10%- Buyers Premium to be paid to Associated Auctioneers upon successful sale.
Purchaser Signature_________________________________________________Date__________
Purchaser Signature_________________________________________________
