$1.1M Luxury Cedar Creek Olathe Online Estate Sale

Thank you for bidding with Brown Button/Circle Auction.  We appreciate your business.  The following terms & conditions contain important information that bidders need to review and understand prior to bidding. For your convenience we have bulleted a few of the most important terms & conditions for your quick review.  Please understand that the terms & conditions form a legal agreement and you need to read them in their entirety.

• To Bid: You will need to register for an auction. We will get contact and payment information from you.

• Timed Bidding: Lots will begin closing at 7:00pm and will close 30 seconds apart. If a new bid comes in during the last 30 seconds before a lot closes, an additional 1 minute will be added.

• Buyer’s Premium: A buyer’s premium is an additional charge to the winning bidder. It is a percentage of their bid and is added to the winning bid amount. The buyer’s premium is 15% of the final hammer price.

• Condition: All items are sold as-is. 

• Payment: If you are a winning bidder, you will receive an invoice the morning after the auction and your credit card on file will be auto-charged (there is no additional fee for credit card payments). We do not accept cash or checks for payment.

• Sales Tax: All winning bidders are responsible to pay state and local sales tax as required by law. Exempt bidders should file a tax exemption form with Brown Button/Circle to have sales tax removed.

• Pick-up: Item pickup date is Sunday, November 3rd from 11am-2pm. Winning bidders will need to sign up for a pickup appointment time. Winning bidders will receive the full address on their invoice. Items not picked up will be considered abandoned and will be donated without a refund. Brown Button/Circle does not provide any shipping or delivery services for online estate auctions.

If you have any questions regarding these terms please contact Brown Button/Circle Auction by email at: sales@brownbutton.com

 

All lots listed in the auction are offered by Brown Button Estate Sales LLC/Circle Auction LLC (“Brown Button/Circle”) as seller’s agent or owner, and are subject to the following terms and conditions. These terms may be supplemented or amended by us at any time prior to the start of an auction. Registering for an auction by Brown Button/Circle or bidding on any lot by any means, including, but not limited to, in-person, by telephone, or online bidding platforms and applications, establishes the bidder’s agreement and acceptance to be bound by these auction terms and conditions.

 

Before you place a bid at Brown Button//Circle Auction

 

General Lot Condition: Brown Button/Circle representatives make every attempt to note any issue(s) with condition or item damages in the lot description as a courtesy to bidders, but it is the responsibility of the bidder to determine lot condition prior to bidding. The lack of any note by Brown Button/Circle as to the condition of the lot does not imply that the lot is free of wear and tear and/or in mint condition. 

 

Brown Button/Circle representatives are not professional restorators or conservators, and we suggest interested parties consult with conservation professionals for a more detailed opinion. Unless otherwise stated, all lots are sold “AS IS, WHERE IS,” and all sales are final.

 

Artist Attribution Convention:

“Artist Name”: Our opinion is that this is a work by the named artist.

Attributed to “Artist Name”: Our opinion is that this is probably a work by the named artist, though with less certainty.

Studio of “Artist Name”: Our opinion is that this a work by an unknown hand in the studio of the named artist, which may or may not have been executed under the artist's direction.

Circle of “Artist Name”: Our opinion is that this a work by an unidentified yet distinct hand closely associated with the named artist, but not necessarily his pupil.

Style of…..; follower of “Artist Name”: Our opinion is that this is a work by an artist working in the named artist's style, contemporary or nearly contemporary, but not necessarily his pupil.

Manner of “Artist Name”: Our opinion is that this is a work in the style of the named artist and of a later date.

After “Artist Name”: Our opinion is that this is a copy of a known work of the named artist.

 

The term signed and/or dated and/or inscribed means that our opinion is that the signature, date, and/or inscription are from the hand of the artist.

The term bears a signature and/or date and/or inscription means our opinion is that the signature and/or date and/or inscription have been added by another hand.

With signature..., With date..., With inscription...: Our opinion is that the signature/date/inscription is by a hand other than that of the named artist.

 

Warranty: Neither Brown Button/Circle nor its seller(s) make any representation or warranty, either express or implied, as to the description, quality, authenticity, period, source, or significance of any lot sold, except as to warranty of title. No statements by Brown Button/Circle, its agents, representatives or employees, whether in writing or spoken orally, shall create any representation, warranty or assumption of liability, nor that the winning bidder will receive any reproduction rights or copyrights to lots they purchased.  Brown Button/Circle retains and reserves the rights to reproduce its own photography of lots sold.

 

Lots Withdrawn: Brown Button/Circle reserves the right to withdraw any lot prior to the start of the auction and shall not incur liability for withdrawal of said lot(s).

 

Registering to Bid: To Bid with us, you are required to register to bid in advance of the start of the sale. In addition to our general registration requirements, we reserve the right to require the following items: photo identification, bank references, credit card pre-authorization for the low estimate, and/or deposit. If a deposit is paid we will refund the deposit if you are not the high bidder and winner of the lot. Any deposit will be applied to any item for which you are the high bidder.

 

Bidding with Brown Button/Circle Auction

 

Timed Bidding: Lots will begin closing at 7:00pm and will close 30 seconds apart. If a new bid comes in during the last 30 seconds before a lot closes, an additional 1 minute will be added.

 

Auctioneer Control: During an auction, the Auctioneer is the final arbiter of sales. Bids are called for and recognized incrementally. Placing a bid online does not guarantee the bid will be recognized by the auctioneer owing to the current intensity of bidding or bids already received in increments or amounts already above this bid. Items or lots receiving little or no attention may be “passed” by the Auctioneer and are not subject to a later re-opening of the bidding process. If a bidder is interested in a passed lot they may reach out to our office at sales@brownbutton.com.

 

Risks & Assumed Costs: By placing a Bid, you understand that a submitted Bid can and may be the High and/or Winning Bid for a particular lot. Additionally, your Bid on any lot is considered a legally binding agreement to purchase the lot at your Bid price, if accepted by the auctioneer, or in a timed auction. By placing a Bid you agree to assume personal responsibility to pay for the item at your high Bid price, plus any Buyer’s Premium and additional charges or costs that may become payable in connection with your purchase, such as shipping, insurance, sales tax,  or other costs. If the lot is closed by the auctioneer and your Bid is the highest Bid, you agree to purchase the lot, and you assume risk of loss and damage to the purchased lot. All Sales are as is / where is and final.

 

Internet During Live & Online Auctions: Brown Button/Circle cannot be held liable for any Internet failure or outage either of the bidder’s service or Brown Button/Circle’s. Items sold before a failure/outage remain sold to the respective winning bidder previously recorded by Brown Button/Circle and/or the online platform(s) being utilized. In the event of a failure of Brown Button/Circle’s Internet service, items unsold at the time of the failure or outage will be opened for bidding as soon as service is restored and subject to the original auction process and conditions. Similarly, the item currently opened by the auctioneer at the time of failure/outage will be reopened when service resumes.

 

Maximum Absentee Bids: Bidders should be aware that due to how bidding increments may fall, it is possible that a lot may sell to a different bidder at the same amount of your submitted maximum bid. If you are the winning bidder at one bidding increment below your maximum absentee bid, and then another bidder bids at your maximum absentee bid amount with no further bids presented, the lot may be sold to the other bidder. For lot(s) of significant interest we strongly recommend signing up for a phone bid or participating online during the auction.

 

Confidentiality: Brown Button/Circle will not reveal to the public personal names, platform user names, or any contact information of winning bidders.

 

After the Auction

 

Buyer’s Premium: Winning bidders are responsible for, and agree to pay the final hammer price, a buyer’s premium, and any applicable sales tax by 9am the day after the auction closes.  A buyer’s premium of 15% will be paid on all winning bids through Brown Button/Circle’s website and app. 

 

Payment: Payment in full is due the morning after the close of the auction. Brown Button/Circle will send invoices the morning after the auction closes and all winning bidders will be auto-charged to the card on file. There is no fee for credit/debit card processing.

 

No lot may be picked up until payment is made in full, including any applicable fees and costs as outlined in these Terms & Conditions. 

 

If payment does not go through when Brown Button/Circle auto-charges a winning bidder’s card, Brown Button/Circle has the right to sell the item to the next highest bidder. 

 

Sales Tax: All winning bidders are responsible to pay state and local sales tax as required by law.  Exempt bidders should file a tax exemption form with Brown Button/Circle to have sales tax removed.

 

Pick Up: Winning bidders must pick up their items on Sunday, November 3rd from 11am-2pm. Winning bidders will need to sign up for a pick-up appointment. Winning bidders will receive the full address on their invoice. Brown Button/Circle does not provide any shipping or delivery services for online estate auctions.

 

Failure to Pick Up: Any items not picked up by 2pm on Sunday, November 3rd will be considered abandoned and will be donated with no refund to the buyer.

 

Liability:

If a lot that that been purchased and paid in full cannot be presented to the winning bidder in the same condition as it was at the time of the auction, or should a lot be lost, stolen, mis-delivered, or determined to not be authentic, Brown Button/Circle's liability shall be limited to the the full amount paid by the winning bidder and shall in no event include any compensatory, incidental or consequential damages. 3rd party shippers remain fully responsible for loss or damage to lots they have handled. 

 

Choice of Law: These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to its conflict of laws provisions or bidder’s actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the service will be brought solely in Johnson County, Kansas, and all bidders consent to the jurisdiction of such court. The invalidity or unenforceability of any provisions herein shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect. Brown Button/Circle has the full discretion to waive or modify any and all of the terms and conditions contained herein.