National Auction Association Headquarters

Terms and Conditions

Property:          8880 Ballentine Street, Overland Park, Kansas 66214 
Seller:               National Auctioneer Association
Website:           8880ballentine.com
Auction Times:  Bidding Opens: November 17, 2025 at 12:00 p.m. (CST)
                        Bidding Closes:  December 17, 2025 at 2:00 p.m. (CST) 
 
1.     Any person who registers, bids, or in any way participates in the auction (the “Bidder”) agrees to be bound by these Terms and Conditions, any auction announcements made through the Website, and, in the event that Bidder is the successful bidder, the Real Estate Purchase Contract. A bid placed by Bidder will be deemed conclusive proof that Bidder has read, understands, and agrees to be bound by these Terms and Conditions.
 
2.     In order to register and be approved to bid, Bidder must provide an active credit card. Bidder authorizes Seller to place a hold in the amount of $5,000.00 on the Bidder’s credit card at any time prior to the close of the auction. In the event that Bidder is the successful bidder but fails or refuses to timely comply with the obligations of these Terms and Conditions, then Bidder acknowledges and authorizes Seller to charge the credit card provided and retain the $5,000.00 as a transaction fee in addition to all other rights and remedies available to Seller under these Terms and Conditions or by operation of law. 
 
3.     The Property is offered at public auction in its present, “as is, where is” condition with all faults and is accepted by Bidder without any expressed or implied warranties or representations from Seller, including, but not limited to, the following: the condition of the Property; the Property’s suitability for any or all activities or uses; the Property’s compliance with any laws, rules, ordinances, regulations, or codes of any applicable government authority; the Property’s compliance with environmental protection, pollution, or land use laws, rules, regulations, orders, or requirements; the disposal, existence in, on, or under the Property of any hazardous materials or substances; the transferability of any warranties relating to materials, craftsmanship, or installation of any improvements or components of the Property; and any other matter concerning the Property. 
 
4.     The Property is not offered contingent upon inspections. It is Bidder’s responsibility to have any and all desired inspections completed prior to bidding. Bidder acknowledges that Bidder has had an opportunity to inspect the Property prior to bidding and that Bidder has either performed all desired inspections or accepts the risk of not having done so. In bidding on the Property, Bidder is relying solely on Bidder’s own investigation of the Property and not on any information provided or to be provided by Seller.
 
5.     Bidder acknowledges that Bidder has timely reviewed the Property information available on the Website or assumes the risk of not having done so. Bidder acknowledges that information regarding the Property may be updated or changed on the Website at any time prior to the conclusion of bidding and that it is the sole responsibility of Bidder to monitor the Website with respect to any updates or information regarding the Property. 
 
6.     There will be a 10% buyer’s premium added to the final bid. The buyer’s premium, together with the final bid amount, will constitute the total purchase price of the Property (the “Purchase Price”).
 
7.     In the event that Bidder is the successful bidder, Bidder must immediately execute the Real Estate Purchase Contract and deposit with Security 1st Title a nonrefundable earnest money deposit in the form of cash, check, ACH or immediately available, certified funds in an amount equal to 10% of the Purchase Price within 48 hours of the close of the auction. In the event that Bidder fails to pay the aforementioned earnest money by the time set forth above, Seller may terminate this Contract and proceed forward with selling the Property to another buyer in addition to all other rights Seller may have under these Terms and Conditions. The balance of the Purchase Price will be due in immediately available, certified funds at closing on the specified closing date. Closing must occur within 35 days of the close of the auction.  
 
8.     Possession of the Property will be delivered at closing. Seller will convey title to the Property, at closing, via Special Warranty Deed. 
 
9.     The Property is not offered contingent upon financing or appraisal.
 
10.  In the event of a conflict between these Terms and Conditions and any other rules, terms, or agreements governing the use of the online bidding software, these Terms and Conditions govern.

11.  These Terms and Conditions, especially as they relate to the qualifications of potential bidders, are designed solely for the protection and benefit of Seller and do not create any additional rights or causes of action for Bidder. On a case-by-case basis, and at the sole and absolute discretion of Seller, exceptions to certain Terms and Conditions may be made.
 
12.  Bidder’s bid constitutes an irrevocable offer to purchase the Property and Bidder will be bound by said offer. If the successful Bidder fails or refuses to execute the Real Estate Purchase Contract, Bidder acknowledges that, at the sole discretion of Seller, these signed Terms and Conditions together with the Real Estate Purchase Contract executed by the Seller are to be construed together for the purposes of satisfying the statute of frauds and will collectively constitute an enforceable agreement between Bidder and Seller for the sale and purchase of the Property.
 
13.  Broker/licensee participation is invited. Broker/licensee must fulfill the responsibilities and obligations set forth in the Broker Participation Agreement to qualify for a fee. To be recognized, the completed Broker Participation Agreement must be received and registered with Seller prior to the broker/licensee’s client bidding on the Property. In the event they have not fulfilled the requirements for participation, the Bidder may be responsible for any financial obligations owed to the Broker/licensee under the terms of an existing representation or agency agreement.

14.  Seller, including its employees and agents, will not be liable for any damage or injury to any property or person at or upon the Property during inspections, open houses, or Property tours. Any person entering on the Property assumes any and all risks whatsoever for their safety and for any minors or guests accompanying them. Seller expressly disclaims any “invitee” relationship and is not responsible for any defects or dangerous conditions on the Property, whether obvious or hidden. Seller is not responsible for any lost, stolen, or damaged property.
 
15.  Seller reserves the right to establish all bidding increments. 
 
16.  Seller may, in its sole and absolute discretion, reject, disqualify, or refuse any bid believed to be fraudulent, illegitimate, not in good faith, made by someone who is not competent, or made in violation of these Terms and Conditions or applicable law.
 
17.  When creating an online bidding account or registering for this auction, Bidder must provide complete and accurate information. Bidder is solely responsible for maintaining the confidentiality and security of their online bidding account and accepts full responsibility for any use of their online bidding account. In the event that Bidder believes that their account has been compromised, Bidder must immediately inform Seller.
 
18.  Bidder uses the online bidding software at Bidder’s sole risk. It is the sole responsibility of Bidder to ensure that the Seller is aware of Bidder’s attempts to bid. To the extent that Bidder has any concerns about Bidder’s ability or availability to timely bid during the auction, Bidder is invited to utilize the “max bid” feature of the online bidding software in order to place a bid in advance of the close of the auction. Seller is not responsible for any errors or omissions relating to the submission or acceptance of online bids. Seller makes no representations or warranties as to the online bidding software’s uninterrupted function or availability and makes no representations or warranties as to the online bidding software’s compatibility or functionality with Bidder’s hardware or software. Seller will not be liable for any damages arising out of Bidder’s use or attempted use of the online bidding software, including, but not limited to, damages arising out of the failure, interruption, unavailability, or delay in interest service or the operation of the online bidding software. 
 
19.  Certain aspects of the auction are subject to change. Under certain circumstances, including, but not limited to, in the event of issues relating to the availability or functionality of the online bidding software during the auction, Seller may, in its sole and absolute discretion, elect to suspend, pause, or extend the scheduled closing time of the auction or take any other action that Seller deems necessary to protect the interests of the Seller, Bidder, or ultimate buyer of the Property. 

20.  Bidder may not use the online bidding software in any manner that is a violation of these Terms and Conditions or applicable law, or in any way that is designed to damage, disable, overburden, compromise, or impair the function of the online bidding software, the auction itself, or any other party’s use or enjoyment of the online bidding software.
 
21.  The Property is offered for sale to all persons without regard to race, color, religion, sex, handicap, familial status, or national origin.

22.  These Terms and Conditions are binding on Bidder and on Bidder’s partners, representatives, employees, successors, executors, administrators, and assigns.
 
23.  Bidder warrants and represents that they are at least 18 years of age and are fully authorized to bid.

24.  In the event that any provision contained in these Terms and Conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions of the Terms and Conditions will not be in any way impaired.
 
25.  These Terms and Conditions are to be governed by and construed in accordance with the laws of Kansas, but without regard to Kansas’s rules governing conflict of laws. Exclusive venue for all disputes lies in either the Johnson County, Kansas District Court or the United States District Court in Kansas City, Kansas. Bidder submits to and accepts the jurisdiction of such courts.