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The Swicegood Group Auction Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (“PII”) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

1. What personal information do we collect from the people that visit our website?

When purchasing or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, or other details to help you with your experience.

2. When do we collect information?

We collect information from you when you register on our site or enter information on our site.

3. How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To improve our website in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To quickly process your transactions.
  • To send periodic emails regarding your purchases or other products and services.
  • To follow up with them after correspondence (live chat, email or phone inquiries)

4. How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places a bid, purchases, enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

5. Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process your purchases. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  • Help remember and process your purchases.
  • Understand and save user's preferences for future visits.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

If you disable cookies, some features will be disabled. It may affect your experience including tools that make our site experience more efficient and some of our services will not function properly.

6. Third-party disclosure or transfer

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect our or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

7. Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

8. Behavioral Remarketing

We use remarketing services to advertise on third-party websites to you after you visited our site. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our site.

  • Google Ads (AdWords)
    • Google Ads (AdWords) remarketing service is provided by Google Inc.
    • You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
    • Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
    • For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
  • Facebook

9. Payments

We use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

10. California Online Privacy Protection Act (CalOPPA)

According to CalOPPA we agree to the following:

  • Users can visit our site anonymously.
  • Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website.
  • Our Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.
  • Users will be notified of any privacy policy changes:
    • On our Privacy Policy Page
  • Users are able to change their personal information:
    • By logging in to their account and accessing their personal information through their customer profile

11. Children Online Privacy Protection Act (COPPA)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personally Identifiable Information, please contact us. If we become aware that we have collected Personally Identifiable Information from children without verification of parental consent, we take steps to remove that information from our servers.

12. California Shine the Light Law

Subject to certain limitations, California residents may ask us to provide them with (1) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding year, and (2) the identity of those third parties. To make this request, California residents may contact us through the Contacting Us section below. For such requests, indicate "California Shine the Light Request" in the communication with our office.

13. California Residents, California Consumer Privacy Act of 2018 (CCPA), California Consumer Privacy Action Notice (CCPA Notice)

Pursuant to the CCPA, we are providing this CCPA Notice. This CCPA Notice applies solely to California consumers, effective January 1, 2020. Terms used but not defined shall have the same meaning ascribed to them in the CCPA. This CCPA Notice does not apply to personal information that we collect from job applicants, contractors, or employees.

  • You have the Right to Know. You may request that we disclose to you what personal information we have collected, used, shared, or sold about you, and why we collected, used, shared, or sold that information. Other than noted in this privacy policy, we do not otherwise collect, use, share, or sell information about you. You may specifically request this disclosure by contacting us by the methods at the bottom of this privacy policy. We will provide this information to you free of charge within 45 calendar days of your request.
  • You have the Right to Delete. You may request that we delete personal information from you and to tell our service providers to do the same. In some situations, we are not able to delete your personal information if we need that information to complete your transaction, provide a reasonably anticipated product or service, for certain reasonable consumer expectations, to comply with legal obligations, or certain CCPA provided exceptions. You may specifically request this deletion by contacting us by the methods at the bottom of this privacy policy. We will honor this request within 45 calendar days.
  • You have the Right to Opt-Out. We do not sell personal information. We do share information with service providers as provided in this privacy policy for transactional and marketing purposes.
  • You have the Right to Non-Discrimination. We do not and will not deny goods or services, charge you a different price, or provide a different level or quality of goods or services because you exercised your rights under the CCPA. If you refuse to provide your personal information to us or ask us to delete it, and that personal information is necessary for us to provide you with goods or services, we may not be able to complete the transaction. 

14. Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

  • We will notify the users via email
    • Within 1 business day
  • We will notify the users via in-site notification
    • Within 1 business day

We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

15. CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Process purchases and to send information and updates pertaining to purchases.
  • We may also send you additional information related to your purchases and/or our services.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CAN-SPAM we agree to the following:

  • NOT use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

16. Legal Disclosure of Data

  • Disclosure for Law Enforcement
    • Under certain circumstances, The Swicegood Group, Inc Auctions & Real Estate may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
  • Legal Requirements
    • The Swicegood Group, Inc Auctions & Real Estate may disclose your Personal Data in the good faith belief that such action is necessary to:
      • To comply with a legal obligation
      • To protect and defend the rights or property of The Swicegood Group, Inc Auctions & Real Estate
      • To prevent or investigate possible wrongdoing in connection with the Service
      • To protect the personal safety of users of the Service or the public
      • To protect against legal liability

17. Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

The Swicegood Group, Inc..
277 North Main Street
Mocksville, NC 27028

336-751-4444
Email@ready2bid.com

Last Edited: March 2, 2021 (added California Shine the Light disclosure) (added California Consumer Privacy Act Notice)

Terms of Service

SWICEGOOD AUCTION USER AGREEMENT

Welcome to the The Swicegood Group, Inc Auctions & Real Estate (Swicegood) online community (the "Site"). This User Agreement describes the terms and conditions that apply to the buying or bidding of goods or other services offered by Swicegood on this Site (collectively, the "Services"). You must register and accept the terms of this Agreement in order to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. Swicegood reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions on the Site. Changes or modifications to referenced policies and guidelines may be posted without notice to you. It is your responsibility to carefully read this Agreement before using this Site or the Services. Your continued use of this Site and the Services following Swicegood's posting of its changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES OR THIS SITE.

1. Eligibility

The Services may only be used by persons who can enter into legally binding contracts under applicable law for the purchase of goods or services. Consequently, persons under the age of 18 may not use the Services and should not register. To participate in the bidding process, we may require a valid credit card number, billing address, and credit card expiration date. We use this information to charge your credit card for fees due to Swicegood associated with your purchases from Swicegood and to verify your name, address, and other information. Your credit card password and credit card number are not disclosed in aggregate or otherwise to any unauthorized third party but may be disclosed for resolving billing disputes with your credit card company.

2. Fee and Payment Terms

Participating in Swicegood Auction as a bidder is free. Fees and Payment Terms applicable to the sale of goods on the Site are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. dollars. The Fees and Payment Terms are subject to change in Swicegood's sole discretion. Therefore, the Fees and Payment Terms applicable to any transaction are governed by the terms in effect at the date of the listing of an item for sale on the Site. Shipping terms applicable to an auctioned item will be disclosed at the time of auction. You are responsible for the payment of any and all applicable taxes, shipping and other costs you incur from using the Services.

3. Release

Swicegood cannot guarantee that sellers will complete the sale of a lot, or that buyers will go through with the purchase of item(s) at auction ("lots"). All risk of participating on the Site or using the Services is assumed by the individual buyers and sellers. You hereby release Swicegood and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of or relating to your use of the Site and the Services, including, without limitation, uncompleted or completed transactions and any claims or disputes between buyers and sellers.

4. Completion of Sales

Bidders that participate in auctions through our Site will be required to submit a credit card to complete the sale. All successful bids are payable upon demand to Swicegood on a VISA, MasterCard, Discover or American Express credit card. By participating in an auction and by placing a bid in any auction, you authorize Swicegood or its authorized agent to charge the credit card you registered for purposes of completing the transaction with Swicegood in the event that you are the highest bidder. Applicable sales tax is additional and based upon the applicable sales tax regulations.

5. General Rules and Policies

5.1. General Policies.

As discussed below, the Swicegood Privacy Policy governs the collection and use of user information on the Site. These policies may be changed or modified without notice to you at any time in Swicegood's sole discretion and are effective upon posting to the Site. Therefore, you should review these policies frequently.

5.2. Contractual Obligations

The auction process is a method in which Swicegood solicits offers from buyers for the sale of lots. A bid is a legal offer to buy the lot. Once accepted by Swicegood, a contract is created between the buyer and seller for the sale and purchase of the lot in accordance with the terms disclosed at the time of the auction. By entering into this Agreement and bidding on a lot, you agree to complete the transaction as described and fulfill any and all contractual obligations.

5.3. "Without Reserve" Sales.

Unless otherwise specified, all auctioned items are "without reserve." In a sale "without reserve," the words "without reserve" show prospective bidders that the auction item will actually go to the bidder offering the highest price, and the seller may not nullify this purpose by bidding himself or herself (or through an agent) or by withdrawing the property for sale if he or she is not pleased with the bids. If an auctioned item is sold with a "reserve price", the seller is only obligated to sell the auction item once the reserve price is met or exceeded.

5.4. Systems.

You agree not to interfere with the Site or any transaction. You agree not to impose any unreasonably or disproportionately large load on Swicegood's systems or facilities. You agree not to put any material on the Site that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.

5.5. Warranties on Auction

UNLESS OTHERWISE SPECIFIED IN ANY GIVEN AUCTION, ALL GOODS OR SERVICES SOLD THROUGH THE SITE ARE SOLD "AS IS" AND SWICEGOOD DOES NOT PROVIDE AND HEREBY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR ANY GOOD OR SERVICES LISTED ON THE SITE. SWICEGOOD OR RELATED SWICEGOOD ENTITIES, MAY OFFER LIMITED WARRANTIES WHICH ARE DISCLOSED AT THE TIME OF AUCTION.

6. Obligations of Buyers

6.1. Bidding.

By placing a bid, you are making an offer for the purchase of the auctioned item. If you are a winning bidder, your offer has been accepted by the seller and you are legally obligated to complete the transaction unless there are exceptional circumstances such as the terms of sale have changed since you submitted your bid. You understand that not completing an otherwise valid agreement may be legally actionable by the seller.

6.2. Cancellation; Reinstatement

You cannot retract a bid unless there are exceptional circumstances such as the seller materially changing the description of the goods after you bid, or obvious typographical errors. If a winning bid is disqualified in an open auction, Swicegood may reinstate your currently unsuccessful bid to winning status at your most recent bid price while the auction is still open.

6.3. Fraud

You may not register and make bids under a false name or with an invalid credit card. Such fraudulent conduct is a violation of federal and state laws. Fraudulent bidders may be reported to relevant state and federal law enforcement agencies and Swicegood will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

7. Authentication; Security

7.1. Passwords;

You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password on this Site. Your password may be used only to access and use the Services. If your password is compromised or otherwise disclosed, you must change your password in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment necessary to use Swicegood's Services, including, without limitation, computer hardware and software, modems, and telephone service. Further, you are solely responsible for (a) maintaining the security of your personal information, including, without limitation, account and login information, passwords, and financial information; (b) all telephone and toll charges which may apply to your account depending on your location; and (c) any other charges resulting from the use of your account.

8. Enforcement

8.1. Investigation of Violations

Swicegood may investigate any reported violation of this Agreement, its policies or guidelines, or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, subscribers and/or third parties. Swicegood's actions may include, but are not limited to, issuing warnings, suspension or termination of the Services, and/or removal of or disabling access to content hosted on Swicegood's systems. Swicegood reserves the right and has absolute discretion to remove or disable access, screen or edit any content that violates these provisions or is otherwise objectionable. Swicegood also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.

9. Your Information and Privacy

9.1. Swicegood Privacy Policy

Swicegood takes reasonable measures to respect the privacy of our users. Please consult the Swicegood Privacy Policy for information.

9.2. Your Limited Use

You agree not to make use of anyone else's information other than as necessary to participate in the Site and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by Swicegood regarding another user of the Services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from the Site, including the use of third-party services, (b) for communications with Swicegood, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by Swicegood except as provided by this Agreement or with Swicegood's consent. You further agree not to use any information accessible from the Site for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

10. Disclaimer of Warranties

10.1. Your Warranties

You hereby represent and warrant that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and any applicable policies; and (d) you will be financially responsible for the use of your account and all transactions you enter into through the Site or using the Services.

10.2. Swicegood Disclaimer

THE SITE AND SERVICES ARE OFFERED BY SWICEGOOD ITS AGENTS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING THE SITE AND SERVICES (COLLECTIVELY, "SWICEGOOD'S PROVIDERS") "AS IS" WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). SWICEGOOD AND SWICEGOOD'S PROVIDERS DO NOT WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS, OR THAT THE SITE OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SWICEGOOD DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SITE AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

11. Your Indemnity.

You hereby release, hold harmless, and indemnify Swicegood and its affiliates and Providers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Swicegood, arising out of or relating to (a) the violation or breach of any term, condition, representation or warranty of this Agreement; (b) improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party.

12. Limitation of Liability

IN NO EVENT SHALL SWICEGOOD AND SWICEGOOD'S PROVIDERS (AS DEFINED ABOVE) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, EVEN IF SWICEGOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWICEGOOD OR SWICEGOOD'S PROVIDERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU ACTUALLY PAID TO SWICEGOOD FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS OR US$500.00. YOU HEREBY RELEASE SWICEGOOD AND ITS PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Termination

In its sole discretion, Swicegood may terminate this Agreement or prohibit or suspend access to the Site or the Services by you at any time, without prior notice or liability. Termination or suspension may occur, without limitation, if: (a) your use of the Service violates this Agreement or any applicable policy or guideline, is potentially illegal or harmful to Swicegood or any other party, or could subject Swicegood to liability or additional expense; (b) providing the Service becomes technically or commercially unfeasible; or (c) you fail to pay any charges due to Swicegood. The following sections will survive termination of this Agreement and the Services: "Third-Party Auctions", "Enforcement", "Indemnification", "Disclaimer of Warranties", "Limitation of Liability", and "General Provisions".

14. General Provisions

14.1. APPLICABLE LAW

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF MINNESOTA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN ROCHESTER, MN, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

14.2. Compliance with Laws

You shall at all times comply with all applicable laws and regulations regarding the use of the Services and your bidding, and purchase, of items on the Site. You shall indemnify and save Swicegood harmless from your failure to so comply. You agree that Swicegood shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government.

14.3. No Agency

Swicegood is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

14.4. Severability

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. Further, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement shall remain in full force and effect.

14.5. Claim Limitation

You agree regardless of any statute or law to the contrary that any claim or cause of action arising out of or relating to the Site, use of the Services, or this Agreement must be filed within one (1) year after such claim of action arose or be forever barred.

14.6. Waiver

Swicegood's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Swicegood's right to subsequently enforce such provision or any other provisions of this Agreement.

14.7. Assignment; Resale

You may not assign this Agreement, by operation of law or otherwise, without Swicegood's prior written consent. Swicegood may assign its rights and obligations under this Agreement without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. You agree not to resell your rights or obligations under these terms and conditions and not to make any unauthorized commercial use of the Site or Services.

14.8. Notices

Any notice you make to Swicegood must be made by either e-mail or regular mail. Swicegood may give notice of changes or modifications to this Agreement or other policies applicable to the Site or the Services by posting a notice of them on the Site.

14.9. Entire Agreement

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

Last Edited: March 23, 2021

Webinar Feedback 

Thank you for your participation in our event and for taking your time to help us with valuable feedback. We value your opinion and we will use this feedback to make future events even better and to provide value to the auction community. 

Are you thinking about selling? 

The Swicegood group, Inc. has over 30 years of perfecting our craft by carefully creating a marketing process that is dedicated to selling your property and assets for the most money  and in the shortest period of time. By using our strategic marketing program, we are able to maximize our advertising, bringing targeted buyers to our site for the benefit of our sellers.

Just fill out this simple form for your FREE consultaion with Ron Helderman

Are you thinking about selling? 

The Swicegood group, Inc. has over 30 years of perfecting our craft by carefully creating a marketing process that is dedicated to selling your property and assets for the most money  and in the shortest period of time. By using our strategic marketing program, we are able to maximize our advertising, bringing targeted buyers to our site for the benefit of our sellers.

Just fill out this simple form for your FREE consultaion with Lewis Swicegood

Seized Real Estate Assets

For more information on seized assets, contact Auctioneer/Broker Zach Johnson at 1-800-286-1579 ext. 702.

Offers to be submitted by using the "Make an Offer" form located on each individual listing on this website. Submission of this frorm is not a binding contract, but simply a way to convey the offer to the Seller including: 1) Buyer Name, 2) Purchase Price, 3) Timeline to Close (Seller requires 30-45 days), 4) Earnest Money Deposit (Seller requires minimum of 5% of Purchase Price), 5) Inspection Period (Seller will allow up to 10 days). All properties are sold "as-is" with no warranties implied. Property conveyed via special warranty deed, free of any liens or encumbrances (unless otherwise noted). 

The information contained herein has, we believe, been obtained from reliable sources and we have no reason to doubt the accuracy thereof. All such information is submitted, subject to errors, omissions or changes in condition prior to sale, lease or withdrawal without notice. All information contained herein should be verified by the person relying thereon. We have not made and will not make any warranty or representation as to the condition of the property nor the presence of any hazardous substances or any environmental or other conditions that may affect the value or suitability of the property. Information contained herein should be verified by the person relying thereon. We have not made and will not make any warranty or representation.

Click here to receive a Working with a Real Estate Agent Pamphlet

Are you thinking about selling? 

The Swicegood Group, Inc. has over 30 years of perfecting our craft by carefully creating a marketing process that is dedicated to selling your property and assets for the most money  and in the shortest period of time. By using our strategic marketing program, we are able to maximize our advertising, bringing targeted buyers to our site for the benefit of our sellers.

Just fill out this simple form for your FREE consultation with Kyle Swicegood

Are you thinking about selling? 

The Swicegood group, Inc. has over 30 years of perfecting our craft by carefully creating a marketing process that is dedicated to selling your property and assets for the most money  and in the shortest period of time. By using our strategic marketing program, we are able to maximize our advertising, bringing targeted buyers to our site for the benefit of our sellers.

Just fill out this simple form for your FREE consultaion with Ashton Burton

Are you thinking about selling? 

The Swicegood group, Inc. has over 30 years of perfecting our craft by carefully creating a marketing process that is dedicated to selling your property and assets for the most money  and in the shortest period of time. By using our strategic marketing program, we are able to maximize our advertising, bringing targeted buyers to our site for the benefit of our sellers.

Just fill out this simple form for your FREE consultaion with Elizabeth Swicegood

Are you thinking about selling? 

The Swicegood Group, Inc. has over 30 years of perfecting our craft by carefully creating a marketing process that is dedicated to selling your property and assets for the most money and in the shortest period of time. By using our strategic marketing program, we are able to maximize our advertising, bringing targeted buyers to our site for the benefit of our sellers.

Just fill out this simple form for your FREE consultation with Zach Johnson. Also, feel free to call/text Zach at 828-408-1651 or email him at Zach@Ready2Bid.com

Are you thinking about selling? 

The Swicegood group, Inc. has over 30 years of perfecting our craft by carefully creating a marketing process that is dedicated to selling your property and assets for the most money  and in the shortest period of time. By using our strategic marketing program, we are able to maximize our advertising, bringing targeted buyers to our site for the benefit of our sellers.

Just fill out this simple form for your FREE consultation.

Office MLS Listings

How to Register and Bid

1.Download the Swicegood Auctions App from the Apple App Store, or Google Play online, or go to our website to see the auctions and items that are available to bid on.

 

2.Navigate to the auction or lot you wish to bid on, and click on the “Sign In” button.

        

 

3.From here, you can click on the “Sign Up” link to create a new bidding account.  This is also where you can reset your password, and sign in(if you have an existing account) to view the auction.

 

4.Follow the instructions by entering your first and last name, a valid email address, and a password at least 8 characters long.

 

5.Accept the terms of use.  

 

6.Once your bidding account is created with a username and password, you are now able to register for a specific auction.  Navigate to the auction you wish to bid on, and click “REGISTER TO BID”.             

      

 

7.Now, enter in your contact information, and click submit. 

 

 

8.You may be prompted to enter your credit card information in a specific auction.  This is only to verify available funds, and will not charge your credit card.

 Note : We do not support Internet Explorer for our auction software, please use Chrome, Safari, or Firefox.

         

Watch The Video on 'How to Register and Bid'  

Real Estate Sold at Auction


Sold Real Estate Listings


Past Personal Property Auctions


Affiliations

 

CCIM

The CCIM Designation stands for Certified Commercial Investment Member. The CCIM lapel pin denotes that the wearer has completed advanced coursework in financial and market analysis, and demonstrated extensive experience in the commercial real estate industry. CCIM designees are recognized as leading experts in commercial investment real estate.

Investment Expertise

Above all, the CCIM designation represents proven expertise in financial, market, and investment analysis, in addition to negotiation. Courses in these core competencies are taught by industry professionals, ensuring all material reflects the state of the industry.

 

With this real-world education, CCIM designees are able to help their clients:

  • Minimize risk
  • Enhance credibility
  • Make informed decisions
  • Close more deals

Kyle Swicegood has been a CCIM since 1999.


CAI

CAI Stands for Certified Auctioneer Graduate. This is a three-year program offered at Indiana University in conjunction with the National Auctioneers Association, where attendees spend a week for three years of intense graduate-level auction business training. It’s an intensive program involving late nights working on proposals and other projects that happen in the time between classes. CAI, unlike other designations, focuses on the business of the auction industry rather than on a particular asset class. While attendees learn about different types of auctions, the focus is on business planning, development and structure. Attendees register for CAI I, CAI II, and CAI III in successive years. Kyle Swicegood holds the CAI designation. Elizabeth Swicegood & Ashton Burton are in their course work.

 

 


 

NAA

Founded in 1949, NAA is the world’s largest professional association dedicated to auction professionals. Headquartered in Overland Park, Kan., the NAA represents the interests of thousands of auction professionals in the U.S., Canada and across the world.The NAA is a membership-based organization and represents a range of auction professionals who service a variety of industries. The association is dedicated to providing its members with educational programming and resources to help them advance themselves and, in turn, the industry. Members of the NAA abide by a strict Code of Ethics and are connected with an extensive network of auction professionals. The National Auctioneers Association exists to provide critical resources to auction professionals that will enhance their skills and successes. National Auctioneers Association members will be the preferred auction professionals used in the marketplace. Kyle Swicegood, Elizabeth Swicegood, and Ashton Burton are all members of the NAA.

 

GRI

The REALTOR® Institute curriculum represents the minimum common body of knowledge for the progressive real estate professional as defined by the Professional Development Committee of the NATIONAL ASSOCIATION OF REALTORS®. NAR recommends that the REALTOR® Institute program be completed in no more than five (5) years of starting the program.

The GRI Policy Statement provides an overview of the guidelines to be followed by State Associations when offering the GRI program. Elizabeth Swicegood is a GRI.


Graduate, Personal Property Appraiser (GPPA)

The National Auctioneers Association created the Graduate Personal Property Appraiser (GPPA) professional designation to provide Auctioneers with custom education that enhances their appraisal skills and knowledge. The GPPA program teaches students the responsibilities of being an appraiser and provides them advanced training in Uniform Standards of Professional Appraisal Practice (USPAP) guidelines.

The Financial Institutions Reform, Recovery and Enforcement Act of 1989 recognizes USPAP as the generally accepted appraisal standards and requires USPAP compliance for appraisers in federally related transactions. State Appraiser Certification and Licensing Boards; federal, state, and local agencies, appraisal services; and appraisal trade associations require compliance with USPAP.

The program trains Auctioneers on how to conduct a complete USPAP-compliant appraisal. GPPA instructors train students how to evaluate and understand factors that affect the value of appraised assets. GPPA students learn how to appraise personal property, antiques, machinery, equipment, farm machinery and construction equipment. GPPA candidates are taught to use a GPPA appraisal template to prepare reports. The last day of GPPA training concludes with an “Appraiser as Expert Witness” program to prepare appraisers who are called to testify in court.

To attain the GPPA designation, students must complete 35 hours of classroom training including training in the following topic areas:

  • Marketing your appraisal business
  • Function and responsibilities of the appraiser
  • Factors affecting the value of appraised assets
  • Personal property identification and valuation
  • Methodology of appraisals
  • Researching comps
  • What to look for: Identifying marks, condition, etc.
  • Drafting appraisal reports


GPPA candidates must pass an exam after completion of the course. After completion of classroom training and passing the test, candidates must submit a class appraisal report and complete the GPPA application form within 90 days. Within one year of completing the course and submitting 90-days materials, candidates must submit two client appraisals and attend the USPAP 15-hour certification course and pass its exam.

To maintain the GPPA designation and remain USPAP compliant, designees must re-certify each time USPAP regulations are revised (generally updated every two years). Re-certification can be acquired by completing the USPAP seven-hour course.


Council of Residential Specialists

The Council of Residential Specialists is the largest not-for-profit affiliate of the National Association of REALTORS® -- a professional network of over 32,000 residential real estate professionals in the U.S. and overseas, with one common goal in mind…your success. As a member, our team has access to tools, resources, and strategies needed to help guide our buyers and sellers through the residential sales process. Elizabeth Swicegood was awarded the prestigious CRS Designation for the experience she had completed in advanced professional training. She has demonstrated outstanding professional achievement in residential real estate.

Seller Benefits

We turn your chaos into calm… after all, time is money! That’s why the auction method is a great option for sellers. Our format is uniquely equipped to bring qualified buyers in the shortest period of time, eliminating and/or reducing the long-term carrying costs you incur with each month of ownership. Our bidding is open to a large group of buyers beyond our local sphere of influence or geographic area. With the auction format, you have the assurance that your real estate and personal assets will be sold at fair market value. Using our in-house advertising company, we provide intense marketing plans that expose your property to the largest pool of qualified buyers. Many times, our approach can even halt the local market for your asset, bringing the spotlight to rest solely upon your asset. This accelerated marketing approach allows you to close on your sale within a shorter time frame.

We choose a date specific and call for bids to come in by our set schedule. This approach creates that sense of urgency which in turn, drives the market to our bidding platform. Our contracts are drafted as “non-contingency” or selling “As-Is, Where Is”. This gives you the freedom from buyer or lender demands with regards to the condition of the asset being sold. 

Finally, in an auction, the bidding begins at much lower price than anticipated, gradually increasing thru competing bidding, insuring that the final, winning bid is the highest the market will bear.

Simply put, the auction method enables you to turn your assets into cash, on YOUR terms and in YOUR timeframe.  

Buyer Benefits

Buying at auction is great! As a buyer, you have the ability to name the price that want to pay. By participating in an auction, whether live or online, the you know you are dealing with a seller who is committed and motivated to sell. At auction, you are assured of a timely transfer of ownership and that the sales price reflects true market value. Knowing your closing date gives you the ability to make plans and have a stress free transaction. Terms and conditions of the auction are transparent so you know up front exactly what the transaction will look like. 

Our website provides a comprehensive review of the asset. Announcements will be made directly to computer, cell phone or tablet. Whatever technology format you may prefer (tablet, laptop, desktop, or phone), we are able to comminute effectively with you. Detailed descriptions and photos are provided online so you can make a bidding decision with confidence. We also provide you with public preview dates, allowing you to see in person those items you are interested in purchasing. 

We value our bidders. Thank you for registering for our auctions!

Commercial Listings

Land Listings

Residential Listings

Broker Participation Form

Certified Auctioneers Institute (CAI)

 

Established in 1975, the Certified Auctioneer Institute is the most revered professional designation an Auctioneer can acquire. Commonly referred to as CAI, the program focuses on developing the skills required to operate a successful auction firm and business.

CAI designees pride themselves on being a part of an extraordinary network of professional Auctioneers who possess the knowledge and skills needed to provide their clients with outstanding services. The CAI designation communicates to attorneys, trust officers, government officials, accountants and others affiliated with the auction industry that the CAI Auctioneer is committed to continuing education and is dedicated to professionalism and excellence in the auction profession.

The Certified Auctioneer Institute is an educational program completed over a three-year period (CAI I, CAI II, CAI III). Every March, Auctioneers from across the world visit Indiana University for a week of intensive training. In addition to classroom instruction, CAI students network with fellow Auctioneers and develop lasting friendships and business partnerships.

The following is a sample of the curriculum covered at CAI:

  • Marketing and advertising
  • Business ethics
  • Understanding legal, financial and accounting principles needed to run an auction firm
  • Using technology to enhance your business
  • Promotional Strategies
  • Learning effective methods of selling real estate and personal property at auction
  • Negotiating Skills

Upon completion of the required coursework and receiving their CAI designation, CAI Auctioneers must complete 24 hours of continuing education every three years to maintain their designation.

Graduate, Personal Property Appraiser (GPPA)

The National Auctioneers Association created the Graduate Personal Property Appraiser (GPPA) professional designation to provide Auctioneers with custom education that enhances their appraisal skills and knowledge. The GPPA program teaches students the responsibilities of being an appraiser and provides them advanced training in Uniform Standards of Professional Appraisal Practice (USPAP) guidelines.

The Financial Institutions Reform, Recovery and Enforcement Act of 1989 recognizes USPAP as the generally accepted appraisal standards and requires USPAP compliance for appraisers in federally related transactions. State Appraiser Certification and Licensing Boards; federal, state, and local agencies, appraisal services; and appraisal trade associations require compliance with USPAP.

The program trains Auctioneers on how to conduct a complete USPAP-compliant appraisal. GPPA instructors train students how to evaluate and understand factors that affect the value of appraised assets. GPPA students learn how to appraise personal property, antiques, machinery, equipment, farm machinery and construction equipment. GPPA candidates are taught to use a GPPA appraisal template to prepare reports. The last day of GPPA training concludes with an “Appraiser as Expert Witness” program to prepare appraisers who are called to testify in court.

To attain the GPPA designation, students must complete 35 hours of classroom training including training in the following topic areas:

  • Marketing your appraisal business
  • Function and responsibilities of the appraiser
  • Factors effecting the value of appraised assets
  • Personal property identification and valuation
  • Methodology of appraisals
  • Researching comps
  • What to look for: Identifying marks, condition, etc.
  • Drafting appraisal reports

GPPA candidates must pass an exam after completion of the course. After completion of classroom training and passing the test, candidates must submit a class appraisal report and complete the GPPA application form within 90 days. Within one year of completing the course and submitting 90-days materials, candidates must submit two client appraisals and attend the USPAP 15-hour certification course and pass its exam.

To maintain the GPPA designation and remain USPAP compliant, designees must re-certify each time USPAP regulations are revised (generally updated every two years). Re-certification can be acquired by completing the USPAP seven-hour course.

What is the NAA?

The National Auctioneers Association promotes the auction method of marketing and enhances the professionalism of its practitioners.

NAA member auctioneers are at the top of their field in the auction business. Ethical, accredited and technology-savvy, NAA members are professionals well versed in the psychology of selling. Their education, experience and networking capabilities stimulate competition among bidders, securing you the highest price per sale.

  • An NAA auctioneer can bring you potential buyers through their experience with advertising, value and appraisal.
  • NAA members are trained to efficiently conduct sales of a wide variety of commodities from real estate to manufacturing equipment to antiques.
  • An NAA auctioneer utilizes traditional “live” auctions, online methods or a combination to effectively market your goods.

Founded in 1948, the NAA continues to build on more than 60 years of excellence. Approximately 6,000 NAA professionals internationally subscribe to a strict Code of Ethics, ensuring you a positive and worry-free sale experience.

NAA Mission Statement
To Promote the Professionalism of Auctioneers and Auctions through Education and Technology

NAA Vision
Competitive bidding will be increasingly utilized as a method to sell all types of goods in all segments of the economy. The National Auctioneers Association (NAA) will unify and lead the competitive bidding industry to fulfill this vision.

The Auction Process

Getting Ready
The 30 days leading up to the auction is the time for you to conduct your due diligence, in other words, a time to get questions answered, attend open houses of the homes you are interested in, and determine what you can afford to spend. The actual auction is simply the time to offer the price you are willing to pay for those properties.

Auctions Go Fast!
Be on time! The auction itself moves fast. First-time attendees are usually surprised to learn that the sale they are attending is over within a few minutes. In many cases, if the auction is for a single property, the entire process lasts less than 15 minutes.

Registration
On auction day, prospective buyers register for a bidder number by showing a valid driver’s license and filling out some simple information. The registration period usually begins one to two hours before the scheduled auction time. There is no fee to register at the auction and high bidders may use cash or personal checks for down payment. You can also get all last minute questions answered and tour the home one final time if you wish.

Before the Bidding Begins
The auction begins promptly at the appointed time with opening remarks summarizing, for the record, the terms of sale, the methods of bidding and any last minute changes or disclosures. These comments usually take only a few minutes, concluding with the auctioneer answering any final questions. Then the bidding is ready to begin!

The Auction Team
Assisting the auctioneer will be ring staff, to make sure anyone trying to bid is recognized and that all bids are recorded with the auctioneer. Ring staff may also assist with questions during the auction, including asking the auctioneer to pause if necessary. Bids cannot be made accidentally or by winking or scratching your nose.. If you did not intend to bid, simply inform one of the ring staff or the auctioneer and the mistake will be corrected. Any tie bids or other issues regarding who has the high bid are always resolved by the auctioneer, who has complete and final authority.

“SOLD!” or “HIGH BIDDER!”
From the first bid, things move quickly, with bidders offering their bids up to the price they are willing to pay for the property. The auctioneer can and will say “sold” or “high bidder” as soon as he or she determines that the final bid has been made. It is not necessary, nor customary, for the auctioneer to slowly announce, “Going once, going twice, etc.” He or she simply decides the bidding has stopped and announces, “Sold” or “High Bidder.” If the auction is for a single property such as a home, this concludes the auction and the purchaser simply executes the contract of sale and makes the required payment.

“Buyer’s Choice” (Available at some auctions)
If there is more than one property or parcel being offered, the “buyer’s choice” method is often used. In a “buyer’s choice” sale, items will be numbered or lettered for identification purposes. The number or letter will not relate in any way to when the property will be sold. Instead, each time the auctioneer says “sold,” the person with the high bid will choose which parcel(s) or property(s) they want to purchase by announcing the number(s) or letter(s) describing that property(s) or parcel(s).

The high bidder can take as many parcels or properties as they want from those that remain unsold, and in any order or combination. His or her high bid is simply multiplied by the number of properties or parcels they have chosen at that time. Once chosen by a high bidder, and unless otherwise announced, that property is “sold” and no longer available. It is therefore very important that bidders realize if they do not have the high bid, the property or properties they want could be chosen (sold) to the high bidder and will no longer be available. Sometimes, the high bidder will choose many properties at once, and in some sales, choose every property available, thereby bringing the auction to a close. “Buyer’s choice” allows buyers, not the auction company or seller, to determine how, when and at what price they will purchase property.


If you have additional questions about auctions, please contact Kyle Swicegood at 336-909-2583.

All Listings

View all of our listings below, or click to view Residential, Land, Commercial, or Area Search.


Frequently Asked Questions

 

Why an Auction?

The Sellers of these Properties have chosen the Accelerated Marketing Method in order to sell their properties in an expedient and timely manner. Part of their reasoning includes the enormous amount of holding costs to maintain the properties (e.g., real estate taxes, insurance, association dues, the cost of money, etc.). With these sales, both the buyers and the sellers should be pleased. The Buyer(s) should be able to obtain these properties at a very reasonable price. The Sellers will be able to alleviate their tremendous burden of carrying costs.


Why should I sell my property using the auction method?

The auction method accelerates the sale of your property by generating additional consumer interest and activity. Non-contingent contracts and projected thirty day settlements are required of all buyers of auctioned properties. This means a quick transaction. When will an auction be held? The advantage with the auction method is the seller has the right to choose the date and time of their auction. One of the many reasons auctions are so effective is that your property is exposed to a wide variety of potential buyers on a set auction date.


What is an "Absolute" Auction Property?

Properties offered at Absolute Auction will be sold to the highest bidder, regardless of price, with no minimums and no reserves!


What is a property sold to the seller's confirmation?

Properties that are sold subject to the Seller’s confirmation are offered with the Seller reserving the right to reject a top bid for any or all of the properties. If the brochure does not reflect “Absolute” in the property, then it will be sold subject to Seller’s confirmation. However, Sellers spend a great deal of time and upfront money on an Accelerated Marketing Program. They are definitely motivated to sell!


Can I use the services of a real estate broker to assist me?

The Swicegood Group, Inc Auction Company. welcomes and encourages Broker participation! Broker Registration Forms are available for download on individual Property sites with specific terms for that Property. What title evidence will the buyer receive? The Seller will typically provide for Title Insurance on each property purchased and closed in accordance with the terms of the Real Estate Sales Contract.


Is the description information in the brochure and newspaper ads guaranteed?

In an Accelerated Marketing Program when numerous properties are involved, errors are possible. Again, buyers must rely on their own inspection, judgment, records and own information. As indicated in the brochures, all announcements from the Auction block will take precedence over any previously printed material or any other oral statements made. All sales made by the Seller are on an “As Is”, “Where Is” basis and without representation or warranty of any nature whatsoever.


What does it mean to buy a property in an as-is condition? 

Buyers purchase the Properties with no guarantees in regards to the condition of the properties. Buyers shall rely entirely on their own information, judgment, and their own inspection of the properties.


What is a buyer's premium?

Often we utilize a Buyer’s Premium (check specific Auction and Sealed Bid Terms and Conditions). Simply stated, if the bid is $500,000 (example only) with a 10% buyer premium , the total contract price would be $550,000. If you are unsure of this concept, realize if you want to purchase the property for right under $500,000 – bid $450,000. The total contract price would read $495,000 and you will have saved $5,000.00!

Auction Glossary

AARE (Accrediated Auctioneer, Real Estate)
The professional designation awarded by the National Auctioneers Association Education Institute to qualified real estate auctioneers who meet the educational and experiential requirements of the Institute and who adhere to a strict code of ethics and standards of practice.
Absentee Bid
A procedure which allows a bidder to participate in the bidding process without being physically present. Generally, a bidder submits an offer on an item prior to the auction. Absentee bids are usually handled under an established set of guidelines by the auctioneer or his representative. The particular rules and procedures of absentee bids are unique to each auction company.
Absentee Bidder
A person (or entity) who does not attend the sale but submits, in advance, a written or oral bid that is the top price he or she will pay for a given property.
Absolute Auction
An auction where the property is sold to the highest qualified bidder with no limiting conditions or amount. The seller may not bid personally or through an agent. Also known as an auction without reserve.
Accounting of Sale
A report issued to the seller by the auctioneer detailing the financial aspects of the auction.
Agent
A person who acts for or in the place of another individual or entity by authority from them.
Appraisal
The act or process of estimating value.
Apprentice Auctioneer
An auctioneer who is in training, operating under the supervision of a licensed or experienced auctioneer.
As Is
Selling the property without warranties as to the condition and/or the fitness of the property for a particular use. Buyers are solely responsible for examining and judging the property for their own protection. Otherwise known as As Is, Where Is and In its Present Condition.
Auction
A method of selling property in a public forum through open and competitive bidding. Also referred to as: public auction, auction sale or sale.
Auction Block
The podium or raised platform where the auctioneer stands while conducting the auction. “Placing (an item) on the auction block” means to sell something at auction.
Auction Listing Agreement
A contract executed by the auctioneer and the seller which authorizes the auctioneer to conduct the auction and sets out the terms of the agreement and the rights and responsibilities of each party.
Auction Marketer
An individual who contracts with sellers for the auction method of marketing property. In the case of real property, he or she may not actually conduct the sale but is directly responsible for all aspects of marketing the property.
Auction Marketing
The method of marketing real property utilizing the auction method of sale.
Auction Marketing Institute
Founded in 1976, this international association awards the professional designations CAI, GPPA and AARE to properly qualified auctioneers through education, experience, and adherence to a strict code of ethics and standards of practice. Formerly known as the Certified Auctioneers Education Institute Inc.
Auction Plan
The plan for pre-auction, auction day and post auction activities.
Auction Price
The price of a property obtained through the auction method of marketing.
Auction Subject to Confirmation

(See “Reserve Auction.”)

Auction Value

The price which a particular property brings in open competitive bidding at public auction.

Auction with Reserve

An auction in which the seller or his agent reserves the right to accept or decline any and all bids. A minimum acceptable price may or may not be disclosed and the seller reserves the right to accept or decline any bid within a specified time.

Auction without reserve

See Absolute Auction.

Auctioneer

The person whom the seller engages to direct, conduct, or be responsible for a sale by auction. This person may or may not actually call or cry the auction.

Auctioneer Subcontractor

An auctioneer hired by the principal auctioneer.

Auctioneers Association of North Carolina

A professional organization of nearly 600 auctioneers in the North Carolina which was formed to unite auctioneers, provide education and monitor legislation affecting the auction industry, with the desire that buyers and sellers would be better served.

Ballroom Auction

An auction of one or more properties conducted in a meeting room facility.

Bank Letter of Credit

A letter from a bank certifying that a named person is worthy of a given level of credit. Often requested from prospective bidders or buyers who are not paying with currency at auctions.

Bid

A prospective buyer’s indication or offer of a price he or she will pay to purchase property at auction. Bids are usually in standardized increments established by the auctioneer.

Bid Acknowledgement

A form executed by the high bidder confirming and acknowledging the bidder’s identify, the bid price and the description of the property. Also known as Memorandum.

Bid Assistants

Individuals who are positioned throughout the attendees at the auction to assist the auctioneer, spot bidders and assist prospective bidders with information to help them in their buying decision. Also known as ringmen, bid consultants, bid spotters, or groundsmen.

Bid Caller

The person who actually “calls,” “cries or “auctions” the property at an auction, recognizing bidders and acknowledging the highest bidder. Commonly known as the auctioneer.

Bid Number

The number issued to each person who registers at an auction.

Bid Rigging

The unlawful practice whereby two or more people agree not to bid against one another so as to deflate value.

Bidder Package

The package of information and instructions pertaining to the property to be sold at an auction event obtained by prospective bidders at an auction. Sometimes called a bidder packet or due diligence package.

Bidder's Choice

A method of sale whereby the successful high bidder wins the right to choose a property or properties from a grouping of similar or like-kind properties. After the high bidder’s selection, the property is deleted from the group, and the second round of bidding commences, with the high bidder in round two choosing a property, which is then deleted from the group and so on, until all properties are sold.

Bookkeeper or Clerk

The person who is responsible for the accounting and paperwork at an auction sale.

Broker Participation

An arrangement for third-party brokers to register potential bidders for properties being sold at auction for a commission paid by the owner of the property or the auction firm.

Buyer's Broker

A real estate broker who represents the buyer and, as the agent of the buyer, is normally paid for his/her services by the buyer.

Buyer's Premium

An advertised percentage of the high bid or flat fee added to the high bid to determine the total contract price to be paid by the buyer.

CAI

Certified Auctioneers Institute. The professional designation awarded to practicing auctioneers who meet the experiential, educational and ethical standards set by the Auction Marketing Institute, Inc.

Caravan Auctions

A series of on site auctions advertised through a common promotional campaign.

Carrying Charges

The costs involved in holding a property which is intended to produce income (either by sale or rent) but has not yet done so, i.e., insurance, taxes, maintenance, management.

Catalog or Brochure

A publication advertising and describing the property(ies) available for sale at public auction, often including photographs, property descriptions, and the terms and conditions of the sale.

Caveat Emptor

A Latin term meaning “let the buyer beware.” A legal maxim stating that the buyer takes the risk regarding quality or condition of the property purchased, unless protected by warranty.

Clerk

The person employed by the principal auctioneer or auction firm to record what is sold and to whom and for what price.

Collusion

The unlawful practice whereby two or more people agree not to bid against one another so as to deflate value or when the auctioneer accepts a fictitious bid on behalf of the seller so as to manipulate or inflate the price of the property.

Conditions of Sale

The legal terms that govern the conduct of an auction, including acceptable methods of payment, terms, buyer’s premiums, possession, reserves and any other limiting factors of an auction. Usually included in published advertisements or announced by the auctioneer prior to the start of the auction.

Contract

An agreement between two or more persons or entities which creates or modifies a legal relationship.

Cooperating Broker

A real estate broker who registers a prospective buyer with the auction company, in accordance with the terms and conditions for that auction. The broker is paid a commission only if his prospect is the high bidder and successfully closes on the property. Also known as a participating broker.

Commission

The fee charged to the seller by the auctioneer for providing services, usually a percentage of the gross selling price of the property established by contract (the listing agreement) prior to the auction.

Critical Path

Sequence of key tasks to be done by auction contractor or other designated parties on specified dates, leading to desired goals.

Dual Agency

The representation of opposing principals (buyers and seller) at the same time.

Due Diligence

The process of gathering information about the condition and legal status of assets to be sold.

Estate Sale

The sale of property left by a person at his or her death. An estate auction can involve the sale of personal and/or real property.

GPPA (Graduate, Personal Property Appraiser)

The professional designation awarded by the Auction Marketing Institute to qualified property appraisers who meet the educational and experiential requirements of the Institute and who adhere to a strict code of ethics and standards of practice.

Groundsman

See Bid Assistants.

Hammer Price

Price established by the last bidder and acknowledged by the auctioneer before dropping the hammer or gavel.

Listing Agreement

See Auction Listing Agreement.

Listing Broker

A real estate broker who has a listing on a property and cooperates with the auction company by allowing the auction agreement to supersede his/her listing agreement.

Market Value

The highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus.

Memorandum

Sometimes also referred to as a “Bidder Acknowledgment,” or “Broker Acknowledgment,” the memorandum is signed by those parties either on the auction floor or in the contract room.

Minimum Bid Auction

An auction in which the auctioneer will accept bids at or above a disclosed price. The minimum price is always stated in the brochure and advertisements and is announced at the auctions.

Minimum Opening Bid

The lowest acceptable amount at which the bidding must commence.

Multi-Property Auction

A group of properties offered through a common promotional campaign. The properties to be auctioned may be owned by one seller or multiple sellers.

Multi-Seller Auction

Properties owned by many sellers, offered through a common promotional campaign are auctioned in a single event.

National Auctioneers Association

An association of individual auctioneers united to promote the mutual interests of its members; formulate and maintain ethical standards for the auction profession; promote the enactment of just and reasonable laws, ordinances and regulations affecting auction selling; make the public more aware of the advantages of auction selling; and generally improve the business conditions affecting the auction profession.

North Carolina Auctioneers Accredited Continuing Education Program

A required educational program created and sponsored by the North Carolina Auctioneers Association for all NC-licensed auctioneers. A minimum of 4 hours annually is required to renew an auction license in North Carolina

No-Sale Fee

A charge paid by the owner of property offered at a reserve auction when the property does not sell.

Opening Bid

The first bid offered by a bidder at an auction.

On-site Auction

An auction conducted on the premises of the property being sold.

Participating Broker

See Cooperating Broker.

Preview

Specified date and time property is available for prospective buyer viewing and audits. Also known as Open House or Inspection.

Referring Broker

A real estate broker who does not have a listing on a property, but refers the auction company to a potential seller for an auction. Usually earns a flat fee commission for referring product to an auction company.

Regroup

A process used in real estate auctions where a bidder has the opportunity to combine several parcels of land previously selected by other bidders, thereby creating one larger parcel out of several smaller parcels. This process is often used in conjunction with bidder’s choice.

Reserve

The minimum price that a seller is willing to accept for a property to be sold at auction. Also known as the reserve price.

Reserve Auction

An auction in which the seller reserves the right to establish a reserve price, to accept or decline any and all bids or to withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer. See also ‘Auction with Reserve’

Sale Manager

The person designated by the auction company who is responsible for organizing the details of an auction. Also known as project manager.

Sealed Bid

A method of sale utilized where confidential bids are submitted to be opened at a predetermined place and time. Not a true auction in that it does not allow for reaction from the competitive market place.

Seller

Entity that has legal possession, (ownership) of any interests, benefits or rights inherent to the real or personal property.

Subject to Confirmation

See Reserve Auction.

Tax Sale

Public sale of property at auction by governmental authority, due to nonpayment of property taxes.

Terms

The period of time that an agreement is in effect.

Terms and Conditions

The printed rules of the auction and certain aspects of the Purchase & Sale Agreement that are read and/or distributed to potential bidders prior to an auction sale.

Tie Bids

When two or more bidders bid exactly the same amount at the same time and must be resolved by the auctioneer.

Trustee's Sale

A sale at auction by a trustee.

Upset Price

Commonly known as the reserve price.

Withdrawal

Failure to reach the reserve price or insufficient bidding

Current Auctions

Want more information? Find out more about Buyer Benefits, Seller Benefits, or How to Register and Bid

Our Team

About Us

The Swicegood Group, Inc. is a full service real estate and asset marketing firm with over 25 + years of longevity in the real estate business. Licensed in multiple states., the company has a thorough understanding of real estate and marketing. Well versed in both conventional and accelerated method of selling assets, The Swicegood Group, Inc. offers a unique perspective to selling.

Known for forward thinking, Kyle Swicegood founded the company before computers and mobile devices were the norm. After selling real estate conventionally for over a decade, he saw the digital market trend and desired to offer buyers and sellers something that was more modern...A way to more easily offer property for sale and to purchase using the technology frontier. Kyle has experience in selling locally, regionally and internationally. Hired by estates, individuals, companies and governmental agencies, The Swicegood Group, Inc. offers a broad scope of experience. With a diverse portfolio, Kyle has transacted all forms of real estate including 1300 + acre mountains, complex estates, Civil War battlefields, farms, multi-level office buildings, simple estates, and residential properties.

The Swicegood Group is dedicated to a job well done offering trust and transparency for both buyers and sellers.

The Company's goal is to affect better, faster and more efficient trading of real and personal property by enabling a direct relationship between buyers and sellers. This process reduces costs, barriers and risks normally associated with property ownership.

 


 

Membership Affiliations:

  • Winston Salem Regional Associationof Realtors
  • New York State Multiple Listing Service
  • Carolinas Board of Realtors & MLS
  • National Association of REALTORS®
  • North Carolina Association of REALTORS®
  • North Carolina REALTOR® Land Institute
  • Commercial Investment Real Estate Institute
  • Mocksville/Davie Rotary Club
  • National Auctioneering Association
  • Reppert School of Auctioneer Graduate
  • Certified Auctioneer Institute Candidate
  • Davie County Chamber of Commerce
  • Salem Pregnancy Care Center Board of Directors
  • 2012 North Carolina Grand Champion Bid Caller

Testimonials

Our Auction & Listing Success

The Swicegood Group, Inc. has gained the reputation as a recognized leader in the real estate business.


Past Real Estate Auctions

The Swicegood Group, Inc

277 N. Main Street
Mocksville, NC 27028

Phone: 336-751-4444

 

Get in touch

Do you have property you'd like to sell? A question about one of our auctions? We'd be happy to hear from you. Just fill out the form, and we'll get back with you as soon as we can. 

If you'd rather not use a form, you can email us directly:

Email Kyle Swicegood

Email Elizabeth Swicegood

Email Ashton Burton

Email Zach Johnson

Email Ron Helderman

Current Listings

Check back soon! Until then, browse our current auctions.

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Online Bidding Options

You can attend the live auction or bid online from anywhere!

Upcoming Auctions

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Online Bidding Options

You can attend the live auction or bid online from anywhere!

Upcoming Auctions

Online Bidding Options

You can attend the live auction or bid online from anywhere!

Upcoming Auctions

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