BidCharlotte auction selection page
2018 Charlotte County Participating Bidder Agreement
Tax Certificate Sale Policy
Including Participating Bidder Agreement

Each and every bidder (hereafter “end user,” “bidding entity,” “you,” “user,” or “person”) desiring to bid in the 2018 Charlotte County Tax Certificate Sale must agree to the terms and conditions of this policy, as well as sign and date the Participating Bidder Agreement below concerning fair bidding practices incorporated herein by reference and made a part of the policies governing the 2018 tax certificate sale.  By clicking “I AGREE” below, you have agreed to be bound by the policies set forth below including the Participating Bidder Agreement.

The 2018 tax certificate sale shall be conducted in accordance with Florida Statutes. The Tax Collector will conduct the sale of tax certificates for unpaid taxes by electronic means, which  allows for proxy bidding. The tax certificate sale will be uniform, fair, efficient, and accountable for all bidders registered to bid in the sale.

Each and every bidder may register to bid so long as the Bidder complies with Florida law and this Tax Collector policy. The Tax Collector reserves the right to require a Bidder Agreement from every Bidder. Failure to comply with the policy of the Charlotte County Tax Sale will result in forfeiture of tax certificates awarded.

Proxy bidding by electronic agent: “Proxy bidding” means a method of bidding by which a bidder authorizes an agent, whether an individual or an electronic agent, to place bids on his or her behalf. The 2018 Tax Certificate auction software utilized by Tax Collector does utilize an electronic agent to bid on each person’s behalf by proxy to ensure that the low bidder receives the certificate at the quartile rate of interest immediately below the next highest bidder. This does not apply to bids of 0%.  For bids of 0%, the certificate will be awarded at 0%.

Proxy bidding by individual agent: You may authorize another person to place a bid(s) on your behalf so long as agent complies with the policies of the sale and completes and submits the Participating Bidder Agreement incorporated herein by reference.

The Tax Collector shall accept bids in even increments and in fractional interest rate bids of one-quarter of 1 percent only.  If multiple bidders offer the same lowest rate of interest, the Tax Collector shall determine the method of selecting the bidder to whom the certificate will be awarded.  For purposes of determining the person who wins the certificate in case of a tie bid, the Tax Collector will utilize a random number generator.

Each certificate shall be awarded to the person who will pay the taxes, interest, costs, charges and who will demand the lowest rate of interest, not in excess of the maximum rate of interest allowed by Florida law. Any person who fails or refuses to pay any bid made by, or on behalf of, such person is not entitled to bid or have any other bid accepted or enforced except as authorized by the Tax Collector.

The holder of a tax certificate may not directly, through an agent, or otherwise initiate contact with the owner of property upon which he or she holds a tax certificate to encourage or demand payment until 2 years after April 1 of the year of issuance of the tax certificate.

If a certificate is not purchased, the certificate shall be struck to the county at the maximum rate of interest allowed. All tax certificates issued to an individual may be transferred at any time before they are redeemed or a tax deed is executed.  The tax collector shall record the transfer on the record of tax certificates sold.  The tax collector shall receive $2.25 as a service charge for each transfer.

                
2018 Tax Certificate Sale
PARTICIPATING BIDDER AGREEMENT

    I have the legal authority to bind the Bidder named on my W-9 form, who has registered to bid in the Charlotte County Tax Certificate Sale. I hereby represent and warrant that on this date, I have the power and authority to bind the Bidder and I have the necessary personal knowledge to make the following warranties and representations.
           
WARRANTIES AND REPRESENTATIONS
  1. The Bidder is the type of legal entity (e.g., individual, sole proprietor, partnership, corporation, nonprofit, estate, etc.) indicated on my W-9 Form. If the Bidding Entity is a partnership, corporation, limited liability company, limited liability partnership or limited partnership, the name and street address of the agent is the name and address submitted in my Registrant Information (used to create a user for this Web Site).
  2. The Bidder is domiciled in the state indicated on either my Registrant Information or W-9 Form.
  3. The physical address for the Bidder is the address submitted on either my Registrant Information or W-9 Form.
  4. The mailing address for the Bidder is the address submitted on either my Registrant Information or W-9 Form.
  5. The Bidder has been issued an Employer Identification Number (EIN) by the United States Internal Revenue Service (IRS) or Social Security Number (SSN) issued by the Social Security Administration.
  6. The Bidder has obtained its EIN or SSN for the purpose of federal tax administration and has not obtained it for the sole purpose of participation in tax certificate auctions, tax lien auctions, or lotteries.
  7. The Bidder has not obtained its EIN by way of lease, license or sublicense for the purpose of participation in the Charlotte County Tax Certificate Sale. I agree that if requested by representatives of the Charlotte County Tax Collector, I will provide official documentation evidencing the legal Existence of the Bidding Entity within 72 hours of such request.
  8. I agree that, on behalf of Bidder, I will not collaborate with any other bidder(s) to gain an unfair competitive advantage in the random number generator in the event of a tie bid(s) on a tax certificate.
  9. I agree that I will not work with any other bidder(s) in an attempt to increase, maintain or stabilize interest rates in this tax certificate sale.
  10. I agree that I will not employ any bidding strategy designed to create an unfair competitive advantage in the tiebreaking process in the upcoming tax certificate sale.
  11. I agree that I will not work with any other bidder(s) to develop a bidding strategy that results in an identical interest rate being placed on any tax certificate(s).
  12. I agree that I will not engage in any bidding strategy that will result in a rotational award of tax certificates.
  13. The tax certificate(s) the Bidder will bid upon, and the interest rate(s) bid, will be arrived at independently and without direct or indirect consultation, communication or agreement with any other bidder.
  14. The tax certificate(s) the Bidder will bid upon, and the interest rate(s) to be bid, have not been disclosed, directly or indirectly, to any other bidder, and will not be disclosed, directly or indirectly, to any other bidder prior to the close of bidding.
  15. No attempt has been made or will be made to, directly or indirectly, induce any other bidder to refrain from bidding on any tax certificate, to submit complementary bids, or to submit bids at specific interest rates.
  16. The bids to be placed by the Bidder will be made in good faith and not pursuant to any direct or indirect, agreement or discussion with, or inducement from, any other bidder to submit a complementary or other noncompetitive bid.
  17. The Bidding Entity, as well as its owners, officers, and directors, if applicable, has not been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to the sale of tax certificates, tax liens, or tax deeds.
  18. I understand that this agreement is made under penalty of perjury, is intended to, and will be, relied upon by the Charlotte County Tax Collector, and any misstatement in this agreement may result in forfeiture of any deposits posted, as well as any tax certificates.

By electronically signing this agreement below, I declare under penalty of perjury pursuant to Chapter 837, Florida Statutes, that I have read the foregoing agreement and that the facts stated in it are true; that I understand whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his/her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 or 775.083; that I am a duly authorized agent, officer, or representative for the Bidder named on the W-9 Form I submitted; and that I have received, understand and agree to abide by the aforementioned polices of the Tax Collector governing the 2018 tax certificate sale incorporated herein by reference; tax certificate bidder/buyer.

I agree that in the event I have questions, comments, concerns about a stated violation of these policies by the Tax Collector, I will contact the Tax Collector or his/her designee and I will abide by and respect the determination of the Tax Collector as to any determinations as to the application of the policies of this tax certificate sale.

I agree that if the tax certificate bidder/buying entity that I represent are challenged by the Charlotte County Tax Collector with respect to an asserted violation of the above policies, any and all disputes with respect thereto shall have exclusive venue and jurisdiction in the Circuit Court of Charlotte County.



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