Hawaii Auction Law

Hawaii is a state in the Western United States that is located in the Pacific Ocean roughly 2,000 miles (3,200 km) from the United States mainland. It is the only state that is not located in North America, the only state that is entirely made up of islands, and the only state that is located in the tropics. Hawaii is also one of the few U.S. states that was previously an independent country.

Hawaii encompasses almost the whole Hawaiian archipelago, 137 volcanic islands spanning 1,500 miles (2,400 km) and belonging to the Polynesian subregion of Oceania physiographically and ethnologically. As a result, at about 750 miles, the state’s ocean coastline is the fourth longest in the United States (1,210 km).From northwest to southeast, the eight main islands are Niihau, Kauai, Oahu, Molokai, Lanai, Kahoolawe, Maui, and Hawaii, after which the state is named; it is commonly referred to as the “Big Island” or “Hawaii Island” to prevent confusion with the state or archipelago.

§668-14 Sales; auction, notice.

All sales of any property in partition shall be made at public auction, after publication of notice with a brief description of the property to be sold, in at least one newspaper published in the State and having a general circulation in each circuit within which the property is situated, at least once in each of four successive weeks, the first publication to be not less than thirty days prior to the date of sale. The notice otherwise shall be in accordance with the direction or order of the court. All sales shall be subject to the approval of and confirmation by the court, and shall be promptly and fully reported by the commissioners to the court.

(1) Hawaii Auction Services reserves the right to postpone, extend, or cancel any Auction, bid, or items in any Auction at any time without prior notice.

By using the Platform, you agree that in any dispute on or relating to the Platform or any Auction or Item or Bid, Hawaii Auction Services has the exclusive authority to make binding and non-appealable decision(s) regarding any such dispute.

(2) Bids. All Bids submitted in any Auction are irrevocable, unless otherwise stated on the Auction page.

Hawaii Auction Services reserves the right to cancel any Bid for any reason at any time prior to the end of an Auction, or after the Auction pursuant to Hawaii Auction Services’ confirmation of the purchase and sale. All Auctions are subject to confirmation by Hawaii Auction Services and/or the Seller, meaning that the Winning Bidder’s purchase of the Item(s) is subject to, and conditioned upon, Hawaii Auction Services’ and/or Seller’s approval of the purchase and sale. If Hawaii Auction Services and/or the Seller choose not to approve the purchase and sale of the Item(s), Hawaii Auction Services will refund the Deposit to the Winning Bidder

Payment. All invoices with a total of less than $4000 will be charged to the Winning Bidder’s credit card on file upon close of bidding. All invoices with a total more than $4000 will become an offline transaction with the option of paying by Bank wire transfer or cash. Winning Bidder must pay the offline transactions in full by cash or wire transfer no later than the next business day following the end of the Auction.

Buyer’s Premium. If the Auction page for a particular Item or Items indicates that a “Buyer’s Premium” is in effect for the Auction, the Winning Bidder will be required to pay the Buyer’s Premium, in the amount specified on the hawaiiauctionservices.com website page for a particular Item or Items, in addition to the Winning Bidder’s Bid amount in accordance with the “Payment” section of these Terms and Conditions.

(3) Notice of Reserve.

ALL AUCTIONS ARE WITH RESERVE unless otherwise stated by Hawaii Auction Services. Notice is hereby given that in the event of a reserve, Hawaii Auction Services or its affiliates may implement such reserves by setting a predetermined reserve amount by seller or bidding on behalf of the seller, using one or more bidder numbers, until the lot or lots have reached a bid amount that is acceptable to the Seller.

(4) Descriptions, photos and any other information given by Hawaii Auction Services or any of its agents or representatives, is solely for informational purposes.

Hawaii Auction Services is not responsible for inaccurate photos, descriptions or information, express or implied. Users are encouraged to view items in person, when possible, and to do their own research and due diligence prior to bidding. All items in any Auction are sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS” with no warranty, express or implied, unless otherwise stated on the Auction in express terms.

(5) You agree to indemnify, defend, and hold Hawaii Auction Services and Hawaii Auction Services’ Representatives harmless, including any and all damages, losses, costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: 

(A) your access to or use of the Platform; 

(B) your violation of any third party right, including without limitation any copyright, property, or privacy right; or 

(C) any violation of these Terms and Conditions.

Hawaii Auction Services reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to this indemnification, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without Hawaii Auction Services’ prior written consent. This paragraph survives any termination of these Terms and Conditions.

(6) The Platform is owned or licensed by Hawaii Auction Services.

Hawaii Auction Services grants Users a limited, transferable and revocable license to use the Platform as provided in these Terms and Conditions. Any copying, adapting, modifying, distribution, licensing, sale, transfer, display, transmission, broadcast, or other use of the Platform without Hawaii Auction Services’ express written consent is prohibited. Any violation by any User of these Terms and Conditions, including this paragraph, may result in immediate termination of the limited license and right to use the Platform.

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