(A) Properties sold via tax sale shall be conveyed by auditor’s tax deed. This form of deed is not a warranty deed. No warranty or guarantee is made, expressed or implied, relative to the title, location or condition of properties for sale. In addition, the county assumes no responsibility, implied or otherwise, that tax sale properties are in compliance with zoning ordinances, mining and reclamation regulations, building codes or permits and/or any other applicable regulations or permits. In addition, the county makes no warranties or representations as to whether the property is buildable or developable.
(B) (1) Any property sold pursuant to a tax sale is without guarantee or warranty whatsoever as to existence, correctness of ownership, size, boundaries, location, structures or lack of structures upon the land, liens, titles or any other matter or thing whatsoever.
(2) The county does not warrant or represent that any property purchased during a tax sale is habitable or in any particular condition.
(C) The county also makes no warranties or representations regarding the accuracy of the assessment of the property or accuracy of the legal description of the real estate or improvements thereon. It is the responsibility of the bidder to determine the physical aspects of the property, its geographical location, and accessibility. The county makes no warranties regarding the availability, validity or existence of water rights associated with any of the properties sold during a tax sale.
(D) It is the bidder’s responsibility to determine the liabilities, including other liens and encumbrances, that exist on each property before and after the sale. The properties are sold “as is”. Additionally, the county is not liable in any way whatsoever for damages sustained to property purchased from the time of sale until the recording of the Auditor’s tax deed to a purchaser.
(E) All properties sold at a tax sale fall under the rule of caveat emptor, or “let the buyer beware”, and all purchasers are hereby so notified.
(Ord. 2022-04, passed 9-6-2022)