KOOCHICHING COUNTY TERMS AND CONDITIONS
WITHDRAWAL: The right to withdraw or add any properties to this list is hereby reserved by the Koochiching County Land Commissioner.
BIDDING PROCESS
A. PROCESS: All listed improved and non-improved properties will be offered for sale to the highest bidder at online auction in two auction periods. In the first auction period, non-improved properties shall be offered at appraised value without restrictions and improved properties shall be offered at appraised value for a period of 30 days only to persons who intend to own and occupy the property as a residence or who intend to use the property for non-commercial personal use. All remaining improved and non-improved tracts not sold during the initial auction period will then be offered at appraised value in the second auction period without restrictions. Tracts must be sold at no lower than the appraised property value specified with the tract number listed for each auction, and bidding will begin at said appraised value for each tract. The County reserves the right to reject any or all bids and to reject any bidder who has defaulted on a land sale contract or is a prohibited bidder as defined on a land sale contract or is a prohibited bidder as defined below. Koochiching County may pursue legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
B. PROHIBITED BIDDERS: No person or entity that is an owner or taxpayer of real property in Koochiching County that has delinquent property taxes in Koochiching County may bid on or purchase property at auction or over-the-counter. None of the following individuals, either personally or as an agent or attorney for another person, may bid on or purchase tax-forfeited land unless the parcel was owned by the individual before forfeiture: district court administrators, county auditors, treasurers, assessors or supervisors of assessments, land commissioners or assistant land commissioners, or any deputies or employees of these officers.
C. SALES: All sales are final, and no refunds or exchanges are permitted.
D. ERRORS: Buyer agrees to fully cooperate in adjusting for clerical or scrivener's errors on any documents that are part of this transaction, including, but not limited to, errors related to the amount of the purchase price.
E. FORMER OWNERS: If you are a former owner of a property being auctioned, you must pay the minimum bid price or the amount of delinquency, whichever is greater, pursuant to Minnesota Statutes 282.01, Subd. 7.
F. FEES: The County Auditor shall charge and collect in full at the time of sale for the State of Minnesota an assurance fee of 3% of the total sale price of the land, timber and structures. Additional fees are required for closing such as recording fees ($46.00), deed fees ($25.00), and deed taxes (0.0033 times the purchase price), which will be due at the time of closing. If there is a well on the property, there is an additional $50.00 fee for a well disclosure.
Public surplus requires a 5% buyers premium fee based on the total sale price of the land and any structures.
G. PAYMENT: For each property sold, closing fees, terms and conditions will be provided and invoiced prior to the time of closing. Payment must be made by Cashier's Check, Certified Check, Personal Check, or Money Order made payable to Koochiching County Treasurer. Previous Default: Payment must be made by certified funds if purchaser has ever made payment that has been returned non-sufficient funds (NSF).
H. AMOUNT DUE UPON SALE: Winning Bidders will be emailed a Buyers Registration Form upon the close of the auction. This form must be completed and returned to the Koochiching County Land Department within thirty (30) business days from close of auction along with total sale price, including fees. This form will also note additional fees, etc. due and will have the total amount due for the property.
3. ASSESSMENTS: Purchasers of land within the city limits of the City of International Falls, Ranier, Littlefork, Big Falls, Mizpah, and Northome are encouraged to contact the City Clerk of the respective city regarding any unpaid special assessments and payment arrangements. Land purchased within the East Koochiching Sewer District should contact that office for the same. Any new assessments against the property for public improvements after the property forfeited shall be assessed against the property and paid at the time of purchase. Any municipality or other public authority is authorized to make a reassessment or a new assessment to a parcel in an amount equal to the remaining unpaid original assessment at the time of forfeiture (Minn. Stat. 429.071, Subd. 4 and 435.23).
4. REAL ESTATE TAXES: Forfeited property that is repurchased, or sold at a public or private sale, on or before December 31 of an assessment year shall be placed on the assessment rolls for that year's assessment, pursuant to Minnesota Statutes § 272.02, Subd. 38(c). If a purchase is made before December 31, taxes will be payable for the following year.
5. ZONING: Properties sold through this auction are subject to local zoning ordinances. Contact your local zoning administrator to obtain copies of these ordinances. No structure or part thereof shall be erected, constructed, moved or structurally altered, and no land shall change in use until the local zoning authority has approved and issued a permit, if applicable. Koochiching County makes no warranty that the properties are "buildable". It is the sole responsibility of the prospective buyers to be fully informed prior to purchasing, and the county encourages prospective buyers to contact the local land use and zoning authorities where the properties are located for information about building codes, zoning laws, or other information that affect the properties.
6. PROPERTY BOUNDARIES: Property boundaries shown on any web or paper maps provided by the county are for reference only and are subject to change. Prospective buyers should consult licensed surveyors to determine legal boundaries. Koochiching County is not responsible for locating or determining property lines or boundaries.
7. NOTICE OF AWARD: Successful bidders will receive a "Notice of Award" by email from PublicSurplus.com.
8. PUBLIC SURPLUS: Requires a 5% Buyers Premium fee for transactional services. A bid deposit is also required when registering as a bidder for the online auction.
9. PROPERTY CONDITION:
A. SOLD "AS IS": All land and improvements are sold "as is" and may not conform to local building and zoning ordinances. Koochiching County makes no warranties that the land is "buildable", or as to the condition of any buildings, wells, septics, soils, roads or any other thing on the tract. All tracts are being sold with the understanding that the buyer and seller agree to waive disclosures required under Minnesota Statutes Chapters § 513.52 to 513.60, and 103.235 and any associated liabilities. No representation is made as to the condition of the structure, its fixtures or contents, or their suitability for any particular use. It is the sole responsibility of prospective buyers to be fully informed prior to purchasing. Buyers are encouraged to contact the local land use and zoning authority where the properties are located for information about building codes, zoning laws, or other municipal information that may affect a property. Buyers will be required to sign the "Buyer's As Is Addendum" as part of the Terms of Sale, which will be available for review prior to the auction.
B. GUARANTEE WAIVER: Koochiching County makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale. Buyer is not entitled to any payment of loss or profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.
C. NO DESCRIPTION WARRANTY: Koochiching County is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy themself as to the details and conditions of the item offered before entering a bid. Koochiching County does not attest to the authenticity of any items.
D. TESTING: Buyers are able to obtain authorization from Koochiching County to perform soil testing, at their own expense, before purchasing a property. The sale will not be rescinded if soil problems of any type are discovered after the sale.
E. INSPECTION: Bidders may inspect the property prior to bidding. Please contact the Koochiching County Land Department at 715 4th Street, International Falls, MN 56649; phone 218-283-1127 to arrange to see the property for such an inspection.
F. LEAD: Some properties may present exposure to lead form lead-based paint that may place young children at risk of developing lead poisoning. If bidder is interested in purchasing a single-family dwelling built prior to 1978, bidders have the right to conduct a risk assessment or inspection for lead-based paint hazards at the bidder's expense, at least ten (10) business days before the sale date. Please contact the Koochiching County Land Department at 715 4th Street, International Falls, MN 56649; phone 218-283-1127 to arrange a time to conduct such an assessment or inspection.
G. RADON WARNING STATEMENT: The Minnesota Department of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchasing or taking occupancy and recommends having the radon levels mitigated if elevated concentrations are found. Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in non-smokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling. Koochiching County has not performed and is not aware of any radon testing on properties offered for sale unless otherwise noted. The county will provide a copy of the Minnesota Department of Health's "Radon in Real Estate Transactions" publication to any buyer of residential tax-forfeited property.
H. TITLE: Neither Koochiching County nor the State of Minnesota warrants the condition of title. Buyer will receive documentation regarding purchase at the time of sale and/or the Commissioner of Revenue will issue a deed from the State of Minnesota after full payment is made. Tax forfeiture will create a break in the chain of title. SELLER CONVEYS NON-WARRANTIED TAX TITLE, and the services of an attorney may be necessary to make the title marketable.
I. HAZARD MATERIALS INDEMNIFICATION: The buyer shall indemnify Koochiching County and/or the State of Minnesota for environmental contamination arising or resulting from the buyer's use and occupancy of the purchased property.
J. HISTORY: Koochiching County makes no representations regarding the history or condition of the properties offered for sale. It is the buyer's sole responsibility to research the history and condition of any property that buyer wishes to purchase.
10. MORTGAGES AND OTHER LIENS: All sales are subject to existing leases, easements, deed restrictions, covenants, dedications, and rights-of-way holders. Regarding unsatisfied recorded mortgages and other liens; it is advised that all buyers consult a real estate attorney prior to purchasing tax-forfeited properties with unsatisfied mortgages and/or other liens held against them. Some mortgages and liens, other than Federal and State Liens, may be canceled at forfeiture but may be re-instated after sale. It is the solely the responsibility of each potential Buyer to thoroughly research such information and to check with any mortgage or lien holders on the property.
11. WETLANDS AND FLOODPLAINS: Koochiching County has not performed any wetland delineation on properties offered for sale, unless otherwise noted. No refunds will be made due to presence of wetlands, floodplains, or any other environmental condition that may be present. It is the buyer's sole responsibility to research, inspect, and review a property prior to purchasing.
12. RESTRICTIVE COVENANTS: Some non-platted properties listed for sale may contain non-forested marginal land or wetlands as defined in Minnesota Statutes. The deed for these properties will contain a restrictive covenant, which will prohibit enrollment of the properties in a state funded program providing compensation for conservation of marginal land or wetlands. Notice of the existence of non-forested marginal lands or wetlands will be available to prospective buyers upon request.
13. MINERAL RIGHTS: All minerals and mineral rights are sold to the State of Minnesota upon forfeiture and are retained by the state when a tax-forfeited property is conveyed.
14. LEGAL COUNSEL: In order to protect your legal interests, it is recommended that buyers consult with a real estate attorney regarding title issues, boundary issues, assessments, mortgages and other legal matters.
15. ACCESS: KOOCHICHING COUNTY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO LEGAL ACCESS TO TAX-FORFEITED PROPERTIES OFFERED FOR SALE. ALL PROPERTIES ARE SOLD AS IS, WITHOUT WARRANTIES OR REPRESENTATION OF ANY KIND.
16. DEFAULT: Default shall include 1) failure to observe these terms and conditions; or 2) failure to make good and timely payment; default may result in termination of the bid contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, Koochiching County may exercise such rights and pursue such remedies as are provided by law.
17. ACCEPTANCE OF TERMS AND CONDITIONS: By submitting a bid, a bidder agrees that the bidder has read, fully understood, and accepted these Terms and Conditions of online sales, and agrees to pay for, if the bid is accepted, by the dates and times specified. Koochiching County does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment and the provision of services. Prospective bidders who require special accommodations to participate in this sale should inform the Koochiching County Land Department office as soon as possible and more than three (3) working days before the sale. Questions regarding the sale should be directed to Koochiching County Land Department office, 715 4th Street, International Falls, MN 56649 (telephone 218-283-1127). The land sale list is also available online at: https://www.co.koochiching.mn.us/259/Tax-Forfeited-Land-Sales
18. UNSOLD TRACTS: Any tracts which are unsold after the second auction period closes may be purchased at not less than the appraised value plus associated fees on a first come first serve basis starting at 8:00a.m. on the first business day following the close of the second round auction to the first eligible purchaser providing a signed agreement and full payment for the tract, until such time the Koochiching County Board or Land Commissioner appears it to be in the public interest to withdraw from sale.