Soldasap, LLC Auction Participation Terms and Conditions Certification-2 Tracts
Auction Property: 4403 South Hwy 63 S, Mammoth Spring, AR

Terms and Conditions Certification for Auction Participation
Bidder Qualification Requirement
To participate in this auction, all prospective bidders are required to:
(1) Sign these Terms and Conditions; and
(2) Submit a current bank letter of credit or loan pre-approval demonstrating their financial ability to close.
Seller and Auction Company Discretion:
The Seller and/or Auction Company reserve the right, in their sole discretion, to waive these requirements for any bidder who is known to them, has an established bidding history, or otherwise demonstrates, to the satisfaction of the Auction Company and Seller, their ability and intent to perform. This waiver shall be applied in a consistent and non-discriminatory manner and in accordance with all applicable federal, state, and local laws, including the Fair Housing Act.
Binding Effect of Bidding
By placing a bid—regardless of whether a signed certification or proof of financial ability has been submitted—the bidder expressly acknowledges and agrees to be legally bound by all terms, conditions, and procedures set forth by Soldasap, LLC. Participation in the auction, whether through in-person, online, or absentee bidding, constitutes the bidder’s full acceptance of all auction terms.
By signing and returning this certification to Soldasap, LLC or its representatives, or by placing a bid in any form, I affirm and certify that I have read, understand, and agree to be bound by all published terms and conditions of the auction.

Auction Agreement
I acknowledge that this is a confirmation auction, and my offer is subject to seller approval. If I am the successful bidder, I will sign the Agreement of Purchase and Sale immediately upon receipt of notification, which I understand is a legally binding document.  If I am bidding on behalf of an LLC or corporation, I understand that the corporation or LLC must be in good standing and must provide the auction company with the Operating Agreement for the LLC or Corporate bylaws for the corporation, specifying that I have the authority to sign on behalf of the entity.
Buyer’s Premium
I understand that a 10% buyer’s premium will be added to my final bid to calculate the total purchase price (Final Bid + 10% = Contract Sales Price).  
Agency Representation
The Auctioneers represent the Seller only, with no dual agency relationship.
Public Disclosure
The purchase price will become public information immediately after the auction and may be published.
Survey Requirement
The property is not contingent on a satisfactory survey. If a survey is desired, it will be at my expense, and the contract is not contingent upon survey results.  The acreage size is acquired from a previous survey and is not guaranteed. 
Property Condition
All property is sold "AS IS, WHERE IS," with no warranties, expressed or implied.
Post-Auction Clean-Up
Soldasap, LLC, and the Seller are not responsible for the clean-up, removal, or disposal of any unwanted items remaining on the property after the auction.
Financing Contingency
I understand that this contract is not contingent upon obtaining financing, and I am obligated to complete the transaction regardless of my financing status. If I am the high bidder, I agree to provide a certified check for the earnest money deposit of $10,000, or $5,000 per tract, made payable to Soldasap, LLC, immediately or no later than 48 Hours after the auction.  The buyer's failure to close will result in the forfeiture of the deposit.  If I plan to seek financing, I will inform the Auctioneer in writing before signing the auction contract and provide proof of financing before bidding. The seller may or may not, at their sole discretion and with written agreement, extend the closing date to accommodate my financing efforts.
Seller's Rights
The seller reserves the right to seek additional damages beyond the forfeited earnest money deposit if I fail to meet my obligations as outlined in this agreement.
Closing Timeline
The closing will occur within 30 days of the auction date, with "time being of the essence" unless otherwise agreed.
Auction Conduct
The auctioneer has sole discretion over auction conduct, bidding increments, and resolving disputes among bidders. Decisions by the auctioneer are final. Soldasap, LLC is not responsible for missed bids, technical difficulties, or connectivity issues on either the bidder’s side or Soldasap's, LLC’s side. In case of technical difficulties, Soldasap LLC has the right to reopen bidding at its sole discretion.
Announcements
Announcements made by John & Tasabah Malone prior to or at the time of sale shall take precedence over any previously printed or published materials. Valid announcements include only those clearly and expressly stated by the auctioneer during the live auction. For example, such announcements may begin with: “Please note the following change…”, “This supersedes prior materials…”, or “Let me make an official correction…”.
No implied, assumed, or informal statements—whether written, verbal, or otherwise—shall be considered binding or enforceable.
All property details, including but not limited to dimensions, utility access, zoning, and school districts, are provided for reference only and are not guaranteed. It is the Buyer’s responsibility to independently verify all information and perform all due diligence prior to bidding.
Bidding & Bid Assistance
Soldasap, LLC, provides a transparent and fair auction environment. In certain situations and at the request of bidders, Soldasap, LLC may assist by placing bids on their behalf. This service does not establish any agency or representation of those bidders. Soldasap, LLC, and its agents also reserve the right to place bids on behalf of clients, customers, or employees. If the auction is advertised as an absolute auction, Soldasap, LLC employees are prohibited from purchasing the property or bidding.  Although Soldasap, LLC may bid for a potential buyer, Soldasap, LLC undertakes no obligation to place all requested bids and does not guarantee that such bids will be submitted due to possible timing issues, technical difficulties, prior bids placed by registered bidders & other factors. For a seamless auction experience, bidders are encouraged to monitor their bids directly and to be responsible for placing bids as they see fit. Soldasap, LLC represents the seller. 
Note:
I am aware that Marknet Alliance & Soldasap, LLC can view all my bids, including my maximum bids, through the backend of their website.   Buyers are encouraged to register early and not wait until the last minute to place their bids.  Soldasap, LLC represents the seller only.  See:  Agency Representation disclosure on the website.
Confirmation by Seller
This property is sold subject to seller confirmation. Auctioneers have 48 hours post-auction to present the high bid for seller approval. My bid is irrevocable.
Closing Costs
The buyer is responsible for all buyer closing costs, and the seller will cover seller closing costs.
Title Insurance and Marketable Title
The buyer can review the title insurance commitment before closing. If title issues arise, the seller has at least 30 days to cure them. A marketable title will be provided, and the seller will supply their title insurance. If the seller is unable to provide a Marketable Title, the contract will be declared null and void, and the earnest money or down payment will be returned to the buyer.
Taxes and Revenue Stamps
Taxes will be prorated to the closing date and paid by the seller. Revenue stamps will be split equally between the buyer and the seller.
Default or Non-Compliance  If I am the high bidder and fail to execute the purchase agreement immediately upon notification, or fail to deliver the required earnest money within 24 hours after the auction's conclusion, I understand that my rights to purchase the property shall be forfeited. The Seller and Auction Company may, at their discretion, reopen bidding or sell the property to another party without further notice. In such event, I agree to pay, and shall be liable for, liquidated damages in an amount equal to 10% of the final bid price, which the parties agree constitutes a reasonable estimate of anticipated damages due to the difficulty of calculating actual losses resulting from the default. This liquidated damages provision applies in the event of a Buyer default, including but not limited to failure to close due to insufficient financing, Buyer’s remorse, or any other cause attributable to the Buyer.
If the Seller is unable or unwilling to provide marketable title, or fails to deliver the agreed-upon title insurance, the Buyer's only remedy will be a refund of any earnest money deposit paid.
Federal Law
Collusion or bid-rigging at auction is a federal felony.  
Liability
Participation is at my sole risk. Neither the Seller, Auctioneer, their agents, contractors, or employees are liable for my participation.
Acknowledgment of Terms
By registering, I confirm receipt of the Auction Terms and Sale Contract and agree to be bound by both. A complete sample contract is available online for review. I understand that if I wish for my attorney to review the contract, this must be completed before placing any bids to avoid potential delays. 
Intellectual Property
The Auction is the exclusive intellectual property of Soldasap, LLC, and may not be recorded or reproduced by any party without consent.
Extended Bidding and Dynamic Closing
If a bid is entered within the last 5 minutes of the auction closing, the closing time will be extended by 5 minutes to allow for further bidding. Extended bidding continues until no bids are placed within the final 5 minutes.
Residential Property Auction Disclaimer
This residential property is being sold “as is, where is” at auction, with no guarantees, representations, or warranties of any kind regarding its condition, suitability, or fitness for any particular purpose. The Auctioneers have no knowledge of the property’s condition outside of what’s included inside the property disclosure provided by the seller, and have not conducted or obtained any inspections, tests, or evaluations.
The Seller and Auctioneer expressly disclaim all responsibility or liability for any existing or future conditions, including but not limited to structural issues, environmental hazards, mold, or compliance with local, state, or federal regulations. It is the sole responsibility of the Buyer to conduct any necessary inspections prior to the auction.
By participating in this auction, the Buyer acknowledges and agrees that the purchase is made strictly on an “as-is” basis, with no inspection contingencies or allowances for any defects or conditions discovered after the auction. The Buyer assumes all risks and liabilities associated with the property upon closing.
All sales are final.
It is the Buyer’s responsibility to conduct an inspection of the property prior to the auction. While we disclose any known issues with the property, we are not builders or contractors and may not be aware of all potential defects. Buyers are strongly encouraged to perform their own thorough inspection before the auction.
Contingency for Sale of Both Parcels The property is being offered in two tracts or parcels. The sale of each tract is subject to the successful closing of the other parcel offered in this auction. If one parcel fails to close for any reason, Seller shall have the right, at Seller’s sole discretion, to cancel the sale of the remaining parcel. This provision is intended to prevent the Seller from being obligated to sell or retain only one parcel in a manner that could adversely affect the value or utility of the property. In the event Seller exercises this right, the contract shall be null and void, and any earnest money shall be returned to the Buyer. Seller shall have no further liability to Buyer.
By signing below, I certify that I have read, understand, and agree to the Terms and Conditions for auction participation with Soldasap, LLC.
Signature: ___________________________
Printed Name: ________________________
Financing Method:
I confirm that I will be purchasing the property by:
[ ] Financing
[ ] Cash
Please indicate your choice by marking one of the options above.
Date: _______________________________
Email: ______________________________
Phone Number: _______________________
Name You Are Taking Title In: ___________________