Full Conditions of Sale for 425 S Main Street

Conditions of Sale

Thank you for your interest in this property!  To learn more about bidding on this property, please read these Conditions of Sale in their entirety.

These Conditions of Sale are intended to help guide you through the online judicial sale process in Fayette County. Although they are binding on you, these Conditions of Sale do not cover all aspects of that process. You are encouraged to obtain the advice of counsel if you want to bid on a property.

ALL JUDICIAL SALES ARE ONLINE

All judicial sales in Fayette County are conducted online at https://FayetteCountySheriff-IL.roup.com.  As of November 1, 2023, the Fayette County Sheriff’s Office no longer conducts in-person judicial sales.

WINNING BIDDER

The winning bidder is the person who submits the highest bid for the property and complies in full with these Conditions of Sale, including making all payments by the payment deadline.

BIDDING PERIOD

Online bidding is open for three (3) days starting on Mondays and ending on Thursdays at 10:00 am, unless extended.  See the paragraph titled “EXTENSION OF THE AUCTION” for more information about the possibility of an extension of the bidding period.

NO SALE DEPOSITS

Online sales are not subject to a sale deposit. You may bid on a property without paying a sale deposit.

SHERIFF’S FEE

The Fayette County Sheriff’s Office will collect its $600 fee at the time of sale from the Plaintiff’s attorney in accordance with the Sheriff’s customary procedures.

PAYMENT DEADLINE

If you are not a party to the case and you are the winning bidder, your deadline for payment is 10:00 a.m. on the Friday following the sale. The entire balance of the purchase price is due by this deadline.

PAYMENT METHOD

All payments must be made by wire transfer or other electronic payment. Cash and checks will not be accepted.

WHERE TO MAKE YOUR PAYMENT

You must make your payment to the title agency or real estate broker shown on the property details page. You will also receive detailed payment instructions by email soon after the auction ends. These instructions will include wire instructions or, if applicable, other electronic payment instructions.

THE AUCTION MIGHT BE CANCELED OR POSTPONED

An auction might be cancelled or postponed at any time.  If this happens, a notice of cancellation or postponement will be posted on the property details page and, if you have registered to bid on the property, you will receive an email informing you of the cancellation or postponement.

CREATING AN ACCOUNT AND REGISTERING TO BID

Roup LLC provides the auction website for the Sheriff’s judicial sales. To bid on a property, you must create an account with Roup. Creating an account with Roup allows you to create login credentials (i.e., a username and password). You will have to create an account with Roup only once.

To bid on a property, you will have to register to bid on the property details page using your login credentials. If you want to bid on more than one property, you will have to register to bid on each property separately.

BIDDING AND MAXIMUM BIDS

Once you have registered to bid, you can bid one of three ways.

First, you can hit the "refresh" icon in the box where bids are entered. The system will enter a bid for you equal to the current bid plus the incremental bid amount. 

Second, you can enter your bid manually.

Third, you can enter a maximum bid by entering the highest amount you are willing to pay for the property. As other people bid on the property, the system will enter bids automatically on your behalf in the minimum increment, allowing you to outbid others automatically until your maximum bid is reached. You can increase your maximum bid by entering a higher amount. You can decrease your maximum bid by entering a lower amount, however, you will not be able to lower your maximum bid below the current bid amount.

THE OPENING BID

Anyone may enter an opening bid.  Bidding does not need to start with the plaintiff’s opening bid.

HOW THE SYSTEM TREATS IDENTICAL BIDS

If more than one person enters the same bid amount, the bid entered first will take priority.

MISTAKES IN BIDDING

Please review your bid carefully before you submit it!  Neither the Sheriff’s Office nor Roup will be able to correct a bid you enter by mistake.  You will have a chance to confirm your bid before entering it, so please review your bid carefully!

EXTENSION OF THE AUCTION

If any bidding occurs in the final moments of the auction, the end of the auction will be extended automatically for successive periods of time to give everyone a fair chance to bid against the other participants. This extension of time is called the “anti-snipe time.” The auction will end after no bidding occurs during the anti-snipe time.

PURCHASE CONTINGENT ON COURT APPROVAL

The sale of the property is contingent upon the court’s entering an order approving the sale. There can be no assurance that the court will approve the sale. If the court does not approve the sale, you will not obtain title to the property. If you are a third-party buyer, you will receive a refund of your payment of the total amount due for the property.

NO OTHER CONTINGENCIES

Aside from the court’s approval of the sale, the property is being sold without any contingencies. This means your purchase will not be subject to the kind of contingencies that may be agreed upon in a private sale of real estate, such as a financing contingency or an inspection contingency.

YOU ARE NOT ALLOWED TO ACCESS THE PROPERTY

If you are a third-party buyer, you are not allowed to access the property during the sale process because it does not belong to you. The Sheriff does not have authority to allow you to access the property.

YOU MUST CONDUCT YOUR OWN DUE DILIGENCE ON THE PROPERTY

You must perform your own due diligence on the property. You should independently verify all information about the property. Although information about the property has been obtained from sources thought to be reliable, the Sheriff’s Office does not make any guarantee or representations as to the accuracy or completeness of any information about the property and assumes no liability for any errors or omissions regarding any such information. Photographs of the property, if any, are not guaranteed to be recent or to accurately depict the property.

THE PROPERTY IS BEING SOLD “AS-IS”

The property is being sold in its existing “AS IS, WHERE IS, WITH ALL FAULTS” condition, with no expressed or implied guarantees, representations, or warranties whatsoever, and with all faults, defects, and limitations, whether apparent or not.  You are assuming all risks associated with purchasing this property.  You must accept the property in whatever state and condition the property is in, with all defects, both patent and latent, and with all faults, whether known or unknown, existing at the time or arising in the future. 

SHERIFF’S DEED

Once the judicial sale is completed, a Sheriff’s Deed will be issued to the buyer for recording with the County Recorder of Deeds.

EVICTION PROCEEDINGS