Terms of Sale
- An initial deposit of 5% of the appraised value is due at the time that the officer in charge of the sale accepts the bid. The balance of the amount bid is due and payable upon confirmation of sale. All payments are payable in cash, certified check or bank money order only. NO PERSONAL CHECKS, COMPANY CHECKS, LETTERS OF CREDIT, CREDIT CARDS OR DEBIT CARDS ACCEPTED.
- Any balance of proceeds not paid within 30 days of the confirmation of sale will cause the purchaser to be held in contempt of court and forfeit the deposit. Additional sanctions may be placed at the court's discretion.
- The Real Estate taxes, which shall be paid from the proceeds of the sale of the subject real property, will be pro-rated up to the date of confirmation. Notice is given that such taxes and special assessments, or installments of special assessments, and any other assessments, which are not legally due and payable according to the law at the confirmation of sale shall remain a first and best lien on the parcels and the purchaser shall take such premises subject to all such taxes and assessments. Federal liens may not be extinguished by this sale. Any delinquent water and sewer bills may be the responsibility of the purchaser.
- The successful bidder must present a Purchaser Information Form (PDF) along with proper identification at the time their bid is accepted by the officer in charge of the sale.
- All property sold at Sheriff’s sale is sold on an “as is” basis and there is no warranty or guarantee. The Allen County Sheriff’s Office is not responsible to determine and makes no representations regarding whether utility bills, such as water, gas, electric, sewer, etc. are paid or whether the property is free of liens. The Allen County Sheriff’s Office and the appraisers make no representations, assume no responsibility and are not liable, for any condition of the property including any environmental or hazardous conditions that may exist within, under, around or near the subject property. The appraisal may or may not have been an inside inspection of the property.
- All sales are classified as “CAVEAT EMPTOR” (buyer beware)
- Individuals who are attending a Sheriff’s sale for the first time with the intent to purchase a property are advised to proceed with extreme caution. The law in Ohio relative to real estate is “caveat emptor” which means “buyer beware”. It is expected that all purchasers at the sale have contacted their own real estate attorney and title company prior to the sale.
ENTERING THE VACANT PROPERTY WITHOUT THE PERMISSION OF THE OWNER OR OCCUPANTS IS A VIOLATION OF OHIO REVISED CODE SECTION 2911.21, CRIMINAL TRESPASSING, PUNISHABLE BY UP TO 30 DAYS IN JAIL AND $250.OO FINE.
Note: The property still belongs to the original owner even though the order of sale has been issued from the court. If you purchase a property at sheriff's sale, and have paid your deposit, it still belongs to the original owner until the Common Pleas Judge has signed the Entry Confirming the Sale. This process can take up to 30 days or more. This is hard for people to understand, and can be very risky in terms of money and other concerns. If you have any questions regarding this, you should consult your personal attorney before any real estate purchase from a sheriff sale. We cannot advise you of any legal questions you may have
The successful bidder for the purchase of the real estate being sold will have approximately 30 days from the date of sale (when confirming entry is signed) to obtain an examination of title to the real estate at their expense, if they desire one. Should such examination disclose the title to be unmarketable by reason of any defect in the court proceedings or the existence of any outstanding interest rendering the title unmarketable, the purchaser may, within the 30 day period, file a written motion requesting that the sale be set aside. If the court finds that the title is unmarketable, the court will refuse to confirm the sale or fix a reasonable time, not to exceed 90 days, within which the defect of title may be corrected.
Any questions about the utilities should be directed to the company or the municipality that provides the service.