Kauai Foreclosures
Terms:
NO UPSET PRICE, The properties to be sold in "As Is" condition at public auction with 10% of highest bid payable in cash, money order, cashier's check or by certified check at close of auction. At the Court's discretion, the 10% down payment may be forfeited in full or in part if the purchaser shall fail to pay the balance of the purchase price. The balance of the purchase price is due and payable upon approval and confirmation of the sale by the court. The costs and expenses of conveyance, including without limitation, the costs of conveyance, including preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, notary fees, as well as the costs of securing possession of the mortgaged property shall be the responsibility of and at the expense of purchaser. Neither the availability of title insurance or securing possession of the mortgaged property shall be a condition of closing. THE SALE OF THE PROPERTIES LISTED ABOVE IS SUBJECT TO THE APPROVAL AND CONFIRMATION BY THE CIRCUIT COURT OF THE FIFTH CIRCUIT, STATE OF HAWAII.
The accuracy of the description and information provided in this notice cannot be guaranteed. Potential purchasers should verify all information. Purchaser is solely responsible for determining everything about the property including but not limited to property condition, boundaries, tax status, zoning requirements and restrictions, restrictive covenants, easements, etc. The commissioner nor the brokers make no representation or warranties whatsoever as to title or possession and potential purchasers should conduct as independent investigation into all matters.
BUYER'S INVESTIGATION OF PROPERTY CONDITION: Buyer shall have the right to conduct inspections, investigations, tests, surveys, and other studies ('Inspections') at Buyer's expense. Buyer shall complete these Inspections prior to bidding. Buyer is strongly advised to exercise these rights and to make Buyer's own selection of professionals with appropriate qualifications to conduct Inspections of the entire Property. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS AND DEFECTS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY AND IMPROVEMENTS CONTAIN DEFECTS AND CONDITIONS WHICH ARE NOT READILY APPARENT AND WHICH MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER IS HEREBY ADVISED THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BUYER IS ALSO AWARE OF BUYER'S OWN AFFIRMATIVE DUTY TO EXERCISE REASONABLE CARE TO PROTECT HIMSELF OR HERSELF, INCLUDING THOSE FACTS WHICH ARE KNOWN TO OR WITHIN THE DILIGENT ATTENTION AND OBSERVATION OF THE BUYER.Buyer shall: keep the Property free and clear of liens; indemnify and hold brokers and court sale commissioners harmless from all liability, claims, demands, damages, and costs; and repair all damages arising from the Inspections. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
A. CONDITION OF SYSTEMS AND COMPONENTS: Built-in appliances, foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa, and other structural and non-structural systems and components, any personal property included in the sale, and energy efficiency of the Property.
B. SIZE AND AGE: Square footage, room dimensions, lot size, and age of Property improvements. (Any numerical statements regarding these items are APPROXIMATIONS ONLY, have not been and will not be verified, and should not be relied upon by Buyer.)
C. LINES AND BOUNDARIES: Property lines and boundaries. (Fences, hedges, walls, and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.)
D. WASTE DISPOSAL: Type, size, adequacy, capacity, and condition of sewer and septic systems and components should be checked. (Property may not be connected to sewer, and applicable fees may not have been paid. Septic tank may need to be pumped and leach field may need to be inspected.)
E. GOVERNMENTAL REQUIREMENTS AND LIMITATIONS: Possible absence of required governmental permits, inspections, certificates, or other determinations affecting the Property; limitations, restrictions, and requirements affecting the use of the Property, future development, zoning, building, size, governmental permits, and inspections.
F. RENT AND OCCUPANCY CONTROL: Some cities and counties impose restrictions which may limit the amount of rent that can lawfully be charged, and/or the maximum number of persons who can lawfully occupy the Property.
G. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS: Water and utility availability and use restrictions. Adequacy, condition, and performance of well systems and components.
H. ENVIRONMENTAL HAZARDS: Potential environmental hazards including asbestos, formaldehyde, radon, methane, other gases, lead-based paint, other lead contamination, fuel or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions.
I. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability, and drainage.
J. NEIGHBORHOOD, AREA, AND SUBDIVISION CONDITIONS: Neighborhood or area conditions including schools, proximity and adequacy of law enforcement, proximity to commercial, industrial, or agricultural activities, crime statistics, fire protection, other governmental services, existing and proposed transportation, construction, and development which may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any Homeowners' Association requirements.
K. PERSONAL FACTORS: Conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements, and preferences of Buyer.
L. VERIFICATION: Brokers have not and will not verify any of the items above, unless otherwise agreed, in writing.
M. MEGAN'S LAW: A recent law, Megan's Law has been enacted, which requires convicted sex offenders to register with the local Police Department. If Buyer is concerned about sex offenders in the community, the Buyer should inspect such records by contacting:
Kauai Police Department, Records Division
3060 Umi Street
Lihue, Kauai, Hawaii 96766
808-241-6711The Realtors make no representation as to the accuracy of such records.
BUYER SHOULD MAKE FURTHER INQUIRIES: Buyer is advised to make further inquiries and to consult government agencies, lenders, insurance agents, architects, and other appropriate persons and entities concerning the use of the Property under applicable building, zoning, fire, health, and safety codes, and for evaluation of potential hazards.
Information although deemed reliable, is not guaranteed. We are not responsible for errors or omissions.
