TERMS OF SALE
The City of Roanoke includes properties at its tax sales that are sold through the judicial process in accordance with the provisions of Section 58.1-3965 et seq., Code of Virginia (1950). The City of Roanoke also includes properties that are sold through the nonjudicial process pursuant to the provisions of Section 58.1-3975, Code of Virginia (1950). All judicial sales are subject to confirmation by the Circuit Court of the City of Roanoke, Virginia. All judicial properties and nonjudicial properties are subject to redemption by owner, or prior sale by the owner, and may be withdrawn from sale for those or other reasons satisfactory to the Special Commissioner and City Treasurer. The property may be redeemed by the owner or other parties of interest by paying all accumulated taxes, penalties, interest, and costs thereon including the pro rate cost of any publications, advertisements, and legal expenses no later than the day prior to the scheduled tax sale.
The terms of sale are:
- An earnest money deposit is required by the high bidder of each property at the time of sale.
- Cash, bank check or certified funds - no personal or business checks will be accepted.
- The amount of the earnest money deposit shall be equal to the greater of (i) $5,000.00 ; or (ii) 25% of the final purchase price.
The balance of the purchase price is due in cash, bank check or certified funds within 5 business days of the sale. However, in the event the purchase price of any property is $1,000 or less, the full amount of the purchase price must be paid at the time of sale.
- A bidder's premium of 5% will be added to the successful bid to determine the sale price.
- The deposit will be held by the City of Roanoke Treasurer and credited towards the balance due.
- Taxes will be paid through the date of sale; purchasers are responsible for taxes thereafter.
- Purchasers assume the risk of loss from the time the bid is accepted by the Special Commissioner.
- The Special Commissioner will record the deed for each parcel promptly after the date of court confirmation of the sale and payment of the remaining purchase price and the deed recording fee by the purchaser.
All announcements on the date of sale take precedence over these Terms of Sale. The Special Commissioner has the right to reject any bids determined to be unreasonable in relation to the estimated value of the Property or that are likely to be rejected by the Court at any time. In the event the high bid is rejected, the purchaser will be refunded the deposit and any additional monies paid by the purchaser towards the balance. Recording costs for deed recordation will be the responsibility of the successful bidder. In the event the high bidder does not pay the balance of the purchase price in full within 5 business days of the sale date, the Special Commissioner reserves the right to treat the nonpayment of the balance as a default, retain the deposit as damages subject to approval of the court, and offer the property to the 2nd highest bidder.
No Warranties or Representations
Prospective purchasers are urged to examine the title, location, condition, and desirability of the properties available to their own satisfaction prior to the sale. All properties are sold as is, where is, with all faults. Bidders should perform such independent investigation and/or inspection with respect to the property as they deem necessary or appropriate. Title reports are available for review in court files in the Clerk of Circuit Court's Office for the City of Roanoke. Inspection of properties is done at buyer's risk. The City of Roanoke makes no guarantee, expressed or implied, relative to title, location, or condition of the properties for sale. All sales are final. The City of Roanoke and the Special Commissioner specifically disclaim any warranty, express or implied, including but not limited to the warranty of merchantability, the warranty of fitness for a particular purpose, and the warranties contained in Virginia Code Ann. § 55-70.1 (1950, as amended). The Special Commissioner and the City of Roanoke make no representation as to any environmental conditions on or at the property. Possession of the properties will be delivered upon confirmation of the sale by the court and payment of the remaining purchase price, but purchasers will be responsible for obtaining lawful possession of any properties in the lawful possession of 3rd parties.
Each property is sold in gross and not by the acre and is sold free and clear of all claims of any creditor, person, or entity, including those claims of beneficiaries under any deed of trust or mortgage, as provided by Virginia Code Ann. § 58.1-3967 (1950, as amended), but subject to all objections, rights, reservations, leases, covenants, conditions, restrictions, easements, encroachments, overlaps, overhangs, deficiency in quantity, all questions of boundaries, location and acreage which a current and accurate survey would disclose, roadways, unrecorded easements, and any other matter, recorded or unrecorded, as may lawfully affect the property or which would be disclosed by an inspection and accurate survey of the premises. No warranty is made as to the insurability of title.
Judicial sale properties are sold free and clear of all liens, including liens against the real estate held by the City of Roanoke and third parties. Nonjudicial sale properties are sold free and clear of liens held by the City of Roanoke but are sold subject to liens by third parties. The deeds shall be conveyed with Special Warranty of Title.
Bidder Qualification Program
All bids will be reviewed by City Departments and final approval is subject to both City review regarding Bidder Qualification and court review. Please be advised that in order to qualify as a bidder at this auction, you may not owe delinquent taxes to the City of Roanoke, Virginia, or have outstanding code violations on property you own, or have an interest, that has not been abated. The City of Roanoke encourages all bidders to ensure that, with respect to any properties they own or in which they have an ownership interest, prior to the sale, all outstanding taxes and fees have been paid in full and any code violations (zoning, building, etc.) have been remedied with respect to such properties. Any prospective bidder with weed abatement or demolition abatement; inoperable vehicle violations; vacant, derelict or board up house violations, court citing violations, other code violations, and delinquent taxes, will be excluded from being the successful bidder on tax delinquent properties. Bidder information listed on the Tax Sale Bidder Qualification Form will be checked after the sale, and if it is found after the sale that the successful bidder has code violations or delinquent taxes, then the sale will be offered to the next highest bidder. Successful bidders must list all property that they own or have an ownership interest in for purposes of determining if there are any delinquent taxes or code violations by completing the Bidder Qualification Form in its entirety. Successful bidders or successful purchasers must complete the Bidder Qualification Forms (PDF) in its entirety.
Special Warranty Deed
The successful purchasers of judicial sale properties will receive the property by a Special Warranty Deed issued by the Special Commissioner upon the approval of the court. The successful purchaser of a nonjudicial sale property will receive a Treasurer's Deed issued by the Roanoke City Treasurer. All recording costs and grantor's tax are at the expense of the purchaser and must be paid in the settlement price. Persons intending to acquire more than 1 parcel should be prepared to tender separate checks for each purchase.
These terms are subject to change and any changes will be posted on this website to the extent practicable. The Special Commissioner may announce additional terms and conditions at the sale. The Special Commissioner may modify or waive the terms of the sale for 1 party, but not for another, at the reasonable discretion of the Special Commissioner. All properties are subject to being withdrawn from the sale at the discretion of the Special Commissioner.
The term "cash" as used in the terms of the sale refers to cash or its equivalent payable in U.S. Dollars, including: cash; wired funds (credited to the Trustee's trust account prior to the banking day on which such funds are due); certified check; checks issued by the Commonwealth of Virginia or a political subdivision of the Commonwealth of Virginia; cashier's check, or teller's check with equivalent funds availability in conformity with the federal Expedited Funds Availability Act, 12 U.S.C. § 4001, et seq.; checks issued by a financial institution, the accounts of which are insured by an agency of the federal or state government, which checks are drawn on a financial institution located within the 5th Federal Reserve District, the accounts of which are insured by an agency of the federal or state government; drafts issued by a state chartered or federally chartered credit union, which drafts are drawn on the United States Central Credit Union; checks issued by an insurance company licensed and regulated by the State Corporation Commission, which checks are drawn on a financial institution located within the 5th Federal Reserve District, the accounts of which are insured by an agency of the federal government; or checks issued by a state or federal savings and loan association or savings bank operating in the Commonwealth, which checks are drawn on the Federal Home Loan Bank of Atlanta.
Structure(s) built prior to 1978 may contain lead paint. Inspection may be performed at bidder's option prior to sale day. Prior to signing the memorandum of sale, bidders must execute a lead paint disclosure and agree to waive the 10 days right to inspection after the sale.
All questions regarding the sale, or any of the terms and conditions listed above, should be directed to the City Treasurer's Office at 540-853-2561 or at: The City of Roanoke Treasurer | 215 Church Avenue | Room 254 | Roanoke, VA 24011
MODIFIED Terms & Conditions for PRIVATE SELLER PROPERTIES
- Closing: The balance of Purchase Price is due to the seller by close of business thirty (30) days after the winning auction date. Time is of the Essence.
- Closing Costs: The Deed shall be prepared and acknowledged by Seller at Seller’s expense and recorded at the expense of Buyer, except for the Grantor’s Tax which will be paid by the Seller. The Buyer shall pay all title searches, title insurance charges, survey expenses, usual conveyance expenses, and recordation taxes. Real estate taxes, water and sewer charges, if any, will be prorated as of the date of sale.
- Deed: The properties will be conveyed by via Special or General Warranty Deeds, depending upon the title work.
ADDITIONAL TERMS FOR ONLINE REGISTRATION AND BIDDING
Bidders must complete the following online registration steps in order to bid online. There will be no exceptions.
- COMPLETE THE BIDDER QUALIFICATION & REGISTRATION FORM: The end of this form will redirect you to the online bidding platform where you will enter your credit card information for the deposit.
- WAIT FOR ROANOKE CITY’S APPROVAL: The City must verify that every applicant has no outstanding real estate taxes or code enforcement violations.
- WALKER WILL APPROVE REGISTRATION: Once the City approves bidder’s registration, Walker will place a hold of $5,000 on the bidder’s credit card. Walker will then approve your registration and you will be eligible to bid online.
Deposit: Successful high bidders will be required to pay a deposit immediately following the sale. The deposit shall be equal to the greater of (i) $5,000.00 ; or (ii) 25% of the final purchase price. At the conclusion of the auction, the Auction Company will proceed with charging each successful high bidder's credit card for the deposit of $5,000.00. If the final purchase price of any property is less than $5,000.00, then the successful high bidder will only be charged for the final purchase price. If the $5,000.00 deposit for the successful high bidder is less than 25% of the purchase price of any property, then the successful high bidder will be required to pay additional funds to equal 25% of the purchase price to Walker by 4:00pm on the day of the sale. Acceptable forms of payment include cash, bank check, certified funds, or a debit/credit card. Debit/credit cards will incur a 3% processing fee and will be processed by Walker.
Memorandum of Sale: Successful high bidders will also be required to sign a Memorandum of Sale by 4:00pm on the day of the sale. This will be sent electronically for e-signature unless other arrangements are made.
Purchase: The balance of the purchase price is due in cash, bank check, certified funds or via debit/credit card within 5 business days of the sale and should be made payable to and delivered to the Treasurer’s Office. However, in the event the purchase price of any property is $1,000 or less, the full amount of the purchase price must be paid at the time of sale.
Bid Execution & Technical Problems: Bids are accepted over the Internet. Walker Commercial Services, The City of Roanoke and its employees are not responsible for failing to execute, record, or acknowledge bids due to any technological difficulties. Walker & Roanoke City has made all reasonable efforts to provide online bidding over the internet for this auction. All potential bidders acknowledge that technical problems with hardware, software or internet connectivity, as well as human errors, may arise and may affect, without limitation, the sale website, our online bidding program and process, internet service, and your connection to this sale bidding program and process. You further acknowledge that these and other technical problems may develop at any time and with or without notice. You acknowledge and agree that neither Walker, the City of Roanoke, nor the Seller is in anyway responsible for any such technical problems, and that you have no absolute or other right to be able to bid on this sale in the event of any such technical problems. Notwithstanding the foregoing, you further acknowledge and agree that, in the event of any such technical problems, we reserve the right to postpone or cancel the sale and/or extend the bidding time for this sale and/or relist the property for sale at another time, in our sole discretion, and that our decision with regard to any such actions is and will be final. Bidders must take care in entering bids, and each Bidder will be responsible for all bids placed under the Bidder’s approved registration. Once entered and recorded online, a bid is deemed to be final on behalf of the registered Bidder and may not be modified, retracted, or rescinded in whole or in part. In addition to forfeiting the bidder’s deposit, the bidder will also be subject to lawsuit for Damages and/or Specific Performance in the Court of Law of which the property is located. Further, all Attorneys' Fees incurred by the Seller, Trustee and/or the Auction Company will be due and paid by a defaulting bidder.
CASTING A BID FOR THE PROPERTY WHETHER IN PERSON OR ONLINE CONSTITUTES ACCEPTANCE OF ALL OF THE FOREGOING TERMS AND CONDITIONS, INCLUDING ANNOUNCEMENTS AT THE SALE AND THE TERMS OF THE MEMORANDUM OF SALE WHICH, IF INCONSISTENT WITH ANY TERMS CONTAINED HEREIN, SHALL GOVERN.