Terms & Conditions

ONLINE SALES – TERMS AND CONDITIONS. All terms and conditions applicable to this auction are contained in this document and the Standard Disclaimer. Please review all documents fully before bidding. By submitting a bid, you are agreeing to all terms and conditions applicable to this sale.

Liens Offered for Sale. This auction offers one or more municipal real property liens (“Lien” or “Lien(s)”) for sale and assignment. THE REAL PROPERTY PARCELS THAT ARE ENCUMBERED BY THE LIENS (“Encumbered Property”) ARE NOT OFFERED FOR SALE AND OWNERSHIP WILL NOT BE CONVEYED BY THE CITY. The City of Pueblo ("City") will assign the Lien(s) to a Successful Bidder (also referred to as “Bidder” or “Buyer”) via legal instrument after the City’s internal processing is complete. Buyer has sole legal and financial responsibility to engage in collection efforts to collect the debt secured by the Lien(s). Buyer may engage in collection activities, including judicial foreclosure, to the same extent the City is able, and as otherwise limited by Title VII of the Pueblo Municipal Code.

Past Due Property Taxes and Treasurer’s Deeds. Bidders are STRONGLY ADVISED to consult with an attorney and to contact the PUEBLO COUNTY TREASURER’S OFFICE at 719.583.6015 and inquire regarding PAST DUE PROPERTY TAXES and the status of any TREASURER’S DEED APPLICATIONS, if any, currently affecting the Encumbered Parcel.

Disclaimer of Warranty & Guaranty. All Liens are offered for sale and assignment “WHERE IS,” “AS IS,” and “WITHOUT RECOURSE.” The City makes NO WARRANTY, GUARANTY OR REPRESENTATION OF ANY KIND, expressed or implied, without limitation, as to the marketability, merchantability, fitness for any purpose, perceived or assumed value, potential costs of collection; or social, economic, condition, title, and use aspects of a Lien offered for sale or the affected Encumbered Property. The Buyer is not entitled to any payment for loss of profit or any other monetary damages – special, direct, indirect, or consequential. Please note that upon conclusion of the auction, all sales are final and Buyer is not able to rescind its offer to purchase the Lien or to request a refund.

Due Diligence. Determination of Lien type, priority of encumbrances, perceived or assumed value, potential methods or costs of collection; and ownership, restrictions, zoning, condition, physical characteristics, availability of utilities, easements, or function of the Encumbered Property is the sole responsibility of Buyer. Liens offered for sale and assignment may be affected by defects that are not immediately detectable. Encumbered Property parcels are subject to and may be affected by any assessments of taxing districts or related government entities, deeds of trust, judgment liens, or encumbrances of any other kind or type that may affect real property, WHETHER KNOWN OR UNKNOWN, and which may affect the priority of encumbrances and title history. Buyer is purchasing the Lien subject to any and all other encumbrances or debts that may affect the related parcel, whether recorded with the Pueblo County Clerk and Recorder’s office for legal notice or not. Buyer assumes the risk of unrecorded encumbrances or any other factors affecting its ability to collect the debt secured by the Lien. By bidding in this auction, Bidder states and agrees it is satisfied with the results of its investigation of the Lien and Encumbered Property. Bidder is encouraged to conduct its own due diligence review and investigate the Lien(s), Title History, and Encumbered Property prior to bidding, including consulting with appropriate professionals such as attorneys and accountants, or governmental and regulatory agencies prior to bidding. Buyer is advised that Encumbered Property parcels may accrue additional violations and debt related to nuisance abatements and vacant property registration requirements until said parcel is fully in compliance with local law.
NOTE: A copy of an Ownership and Encumbrance (“O&E Report” or “Title History”) Report prepared by Land Title Guarantee Company is provided by City. That report was current as of the date of its preparation (“Effective Date” shown on page one of the report). City is providing that document to Bidder for convenience, and City advises and warns Bidder that additional encumbrances or other circumstances may exist that affect title to the Encumbered Property. Bidder is encouraged and should exercise its own due diligence regarding the Lien, Title History, Encumbered Property or other circumstances affecting the assignment and related property.

Purchase Price. All sales are made by auction to the highest Bidder. A Successful Bidder must make payment in full within seven (7) calendar days of close of auction. No partial payments will be accepted by City. All auctions must be paid in full by one method of payment. No refunds will be made by City. A five percent (5%) buyer’s premium will be added to the final purchase price. The Opening Bid includes the following costs and fees: the principal amount of the Lien(s), interest accrued to date, City administrative fee of one-hundred dollars ($100.00), Lien recording fee of thirteen dollars ($13) per lien, and Assignment recording fee of thirteen dollars ($13, plus five dollars ($5) per additional page). Instructions for payment are provided below.

Transfer of Interest, Withdrawal from Auction, Cure or Redemption by Owner or Interested Party. The City will transfer its interest in the Lien to a Buyer via legal instrument (“Assignment of Lien” form). Once payment in full has been received, City will begin the process of executing and recording the Assignment of Lien with the Pueblo County Clerk and Recorder’s office. A copy of the recorded form will be provided to Buyer. Please be advised that this process may take several weeks post-auction to complete.
NOTE: City reserves the right to withdraw the Lien from auction or sale at any time. An owner or other party interested in the Encumbered Property may cure and pay the debt evidenced by the Lien at any time prior to the beginning of the public auction. If this occurs, the lien will be withdrawn from sale. Owners and interested parties may otherwise have redemption rights from methods used to collect the debt. Buyers are advised to consult with an attorney regrading available collection methods and the rights of affected owners and interested parties.

Collection of Lien Debt by Buyer. Buyer has sole legal and financial responsibility to engage in collection efforts to collect the debt secured by the Lien(s). Buyer may engage in collection activities, including judicial foreclosure, to the same extent the City is able, and as otherwise limited by Title VII of the Pueblo Municipal Code.
Cost of Collection & Liability. All costs or fees accruing because of Buyer’s efforts to collect the debt secured by the Lien are the sole financial responsibility of Buyer, with no right of refund or set-off from City. Buyer shall bear sole legal and financial responsibility and liability for any collection efforts undertaken by Buyer.

Buyer’s Waiver. Buyer acknowledges and affirms for Buyer and Buyer's successors, heirs, representatives, employees, agents and assignees:

  1. That Buyer made a thorough and careful inspection and investigation of the Lien, Title History, Encumbered Property, and all matters relating thereto, either independently or through agents and experts of Buyer's choosing; and
  2. That Buyer assumes the risk that all or part of the Lien, Title History, and Encumbered Property may be inadequate, inappropriate, or unusable for the purposes intended by the Buyer, and that Buyer has consulted with an attorney or is otherwise advised regrading available collection methods and the rights of affected owners and interested parties.
  3. That Buyer is acquiring the Lien based upon the Buyer's own inspection and investigation thereof; and,
  4. Determination of Lien type, priority of encumbrances, perceived or assumed value, potential costs of collection; and ownership, restrictions, zoning, condition, physical characteristics, availability of utilities, easements, or function of the Encumbered Property was the sole responsibility of Buyer.
  5. That notwithstanding any other provision, the provisions of this Section shall survive the purchase and assignment of the Lien; and,
  6. The Lien is being sold and assigned "AS IS, WHERE IS, WITH ALL FAULTS" and “WITHOUT RECOURSE,” with no right of set-off or reduction in the Purchase Price, that such sale shall be without representation of warranty of any kind, express or implied, including, without limitation, marketability, merchantability, fitness for any purpose, perceived or assumed value, potential costs of collection; or social, economic, condition, title, and use aspects of the Lien; and City does hereby disclaim and renounce any such other representation or warranty; and,
  7. Buyer specifically acknowledges that Buyer has not relied on any representations or warranties of any kind whatsoever, express or implied, from City or City's officials, directors, employees, agents, or representatives as to any matter concerning the Lien, Title History, and Encumbered Property, including, without limitation, the type, priority of encumbrance, or feasibility or cost of collecting the Lien, including the presence of other liens or encumbrances, whether recorded for notice or not.
  8. The Buyer specifically acknowledges that the Buyer has completed its due diligence with respect to the Encumbered Property and Lien(s), and that the Buyer is satisfied with the outcome of its due diligence.
  9. Buyer specifically acknowledges that Buyer is solely responsible, legally and financially, for collecting the debt secured by the Lien, and may proceed in any manner permitted by these Terms and Conditions, and local, state and federal law, all at the Buyer's sole cost and expense and at Buyer’s sole liability for any misconduct or malfeasance in its efforts.
  10. Buyer specifically acknowledges that there is no obligation on the part of City to refund any monies paid or to assist Buyer in its collection efforts, including with any financial or legal aid.

Consideration of Bid. City reserves the right to reject any and all bids for any reason, to withdraw from sale any of the Liens listed at any time during the auction or prior to execution of the Assignment of Lien, or to close the auction at any time.

Bid Deposits. The City of Pueblo may require bid deposits as a way to decrease default bidding and ensure fairness and equity to all Buyers. The deposit will be reversed if no default occurs or the Bidder does not win the auction. Public Surplus will collect and retain the deposit if there is a default by the winning Bidder.

Notice of Award. Successful Bidders/Buyers will receive a Notice of Award by email from PublicSurplus.com.
Auction Fee. A five percent (5%) buyer’s premium will be added to the final sale price with a $1 minimum charge per auction to collect payment.
Miscellaneous Fees. Successful Bidders/Buyers are responsible for paying all costs incident to sale or assignment, including administrative fees such as publication costs, service of process fees, title insurance or related costs, document recording fees, legal fees, and any other associated costs, and any taxes due. All costs and fees owed to the City have been included in the auction price.

Payment. All payments should be in good funds, made payable to the “City of Pueblo,” and remitted directly to the City of Pueblo’s Finance Department. Payment for an awarded auction must be received within seven (7) calendar days after the date of the Notice of Award of the successful bid. No partial payments are allowed. All auctions must be paid in full by one method of payment. Payment may be made directly to the City with cash, cashier's check, or money order. NO PERSONAL CHECKS, CREDIT CARD PAYMENTS, or WIRE TRANSFERS WILL BE ACCEPTED.
Payment in Good Funds: For payments follow the instructions below.

Please send payment along with a copy of the "Notice of Award" (emailed from PublicSurplus.com) to the City of Pueblo at the following address. Payment may be made in person at the same address.
Mailing Address or Courier Address (FedEx, DHL, or UPS ONLY):
City of Pueblo Finance Department
One City Hall Place, Garden Level
Pueblo, CO 81003
NOTE: Checks should be made payable to the City of Pueblo and marked with the Auction #. Accepted forms of payment are Cash, Cashier’s Check or Money Order. Payments need to be received by the City within seven (7) calendar days of notification of winning bid. If sending payment by mail or courier, you may want to choose overnight service to ensure your payment is received by the deadline.

Default. Default shall include (1) failure to observe any terms and conditions of sale; (2) failure to make good and timely payment; or (3) failure to perform any act to complete the sale within the specified time. Default may result in termination of the 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, City may exercise such rights and may pursue such remedies as are provided by law. If payment is not timely received, City may cancel the sale and accept the next highest bid or put the Lien up for auction. Successful Bidders failing to make timely payment will forfeit their pre-bid deposit.

Governmental Immunity. The City does not by entering into this Agreement nor by any provision hereof waive or intend to waive any rights, immunities, conditions, or protection under the Colorado Governmental Act, C.R.S. § 24-10-101, et seq., or otherwise available or provided under any other law to the City and its officers and employees.

Litigation, Venue and Waiver of Trial by Jury. In the event of any litigation arising under this Auction, the court shall award to the prevailing Party its costs and reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each Bidder submits to the personal and subject matter jurisdiction of such District Court. To the fullest extent permitted by law, each Bidder waives its right to a trial by jury.

No Monetary Damages Against City. Each Bidder waives and discharges City, its officers, agents and employees from any and all claims for any monetary damages whether such claims arise under tort, contract, statutory or any other law.

Acceptance of Terms and Conditions. By submitting a bid, the Bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales and the Standard Disclaimer, and agree to pay for and otherwise act to complete the sale, if the bid is accepted, by the dates and times specified.