MI Dept of Transportation Terms
TERMS AND CONDITIONS - MDOT EXCESS PROPERTY
1. No sale can be made for less than the minimum bid. Tracts will be sold to the highest bidder for not less than the minimum bid price or reserve price, whichever is higher. Tracts may be withdrawn at any time prior to the end of the auction at the discretion of MDOT.
2. The successful bidder must submit a signed "Application to Purchase and Agreement of Sale" along with the either the deposit or full sale price to MDOT within 30 days of the auction closing. Bid deposits may be in the form of Certified check, Cashier's check, Personal check or Money order, payable to the "State of Michigan". A deposit of $7500 or the purchase price, whichever is lower, is required to be returned with the Application to Purchase and Agreement of Sale. An Application to Purchase and Agreement of Sale will be sent to the successful bidder after the close of the auction.
3. MDOT reserves the right to reject any and all bids and to waive defects in the bidding. All sales are subject to final approval by MDOT. Instruments of conveyance shall be drafted with the names of the parties exactly as printed on the signed "Application to Purchase and Agreement of Sale". Corporations must state where incorporated and provide Articles of Incorporation prior to closing.
4. Properties are offered subject to any encumbrances, governing restrictions, and easements of record. MDOT makes no warranties or representations as to the condition of the property. No title policy shall be furnished.
5. Prospective purchasers should do their own research as to the use of the subject property for their intended purpose and make a personal inspection of the property to determine if it will be suitable for the purposes for which it is being purchased.
6. The purchaser accepts the premises in its present condition, i.e., "as is" , and releases MDOT and the State of Michigan and its officers, employees and agents from all liability arising from any condition of the premises, whether now known or subsequently discovered, including but not limited to all claims based on environmental contamination of the premises.
7. Any building improvements located on MDOT land are offered for sale "as is". MDOT makes no warranties or representations as to the condition of these improvements. Some of the building improvements included in this sale may be tenant occupied. The tenants are entitled to tenant rights as cited in Michigan Law.
8. Some properties may be offered as landlocked with no ingress or egress except by abutting owners. Purchasers, other than the abutting owner, must make their own arrangements for access to the property. These items will be identified on the listing.
9. All water run-off and drainage from the abutting highway right of way will be allowed a free and uninterrupted flow over the subject property. The purchaser shall not change the physical condition of the subject land to impede the free flow of water run-off and drainage from the abutting highway right of way.
10. The properties are subject to the provisions of Act 106, Highway Advertising Act of 1972 as amended, as it pertains to outdoor advertising.
11. MDOT reserves such interests as may be necessary to permit invasion of airspace above subject property, including structures, by noise, vibrations, fumes or dust arising from construction, maintenance, repair, removal or use of adjacent highway or street. The purchaser agrees not to assert any claims arising out of the interests herein reserved.
12. The limited access provisions, if any, are stated in the property description. Direct ingress and egress may be limited between the highway and the subject property as described in the listing.
13. MDOT reserves the right to maintain public utility facilities existing on, under or over the subject property, together with the right to go on the subject property for the purpose of maintaining such utility facilities.
14. All properties offered may be subject to wetland protection, in accordance Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA), Part 303. Please contact the Michigan Department of Natural Resources for specific enforcement.
15. A person who acquires property that may be contaminated as a result of a release of a hazardous substance may become liable for all costs of cleaning up the property and any other properties impacted by the release. Liability may be imposed upon the person acquiring the property even in the absence of any personal responsibility for, or knowledge of, the release. Accordingly, MDOT recommends that a person who is interested in acquiring excess property contact an attorney or an environment consultant for advice prior to the acquisition of the property.