
The West End condo auction in Nashville is set to take place at 11:00am on Saturday, December 5th onsite in the West End itself. 45 condos will be sold at auction with an unknown reserve price in place. However, in an announcement made just yesterday, the auction will now include a yet undisclosed number of condos selling absolute without reserve. I am told that the developer will identity the specific absolute units this weekend.
Important auction dates and requirements
The West End will be available for previews Monday through Saturday 11am – 6pm, Thursday until 8pm and Sunday 12pm – 5pm. No appointment is necessary. When you arrive at the building, you will be asked to sign in and be given a visitor’s pass that allows you access to all 45 auction units. You will also be asked to identify at this time which real estate broker, if any, will represent you at the auction. Once you have completed this half page sign-in card, you will proceed to the sixth floor to meet an auction representative who will begin your tour of the furnished model condos.
If you intend to bid on a condo at the auction, you must be pre-registered by 3:00pm on Friday December the 4th. In order to be considered pre-registered, you must complete the buyer’s registration form and have emailed, faxed or delivered that document to the West End building. If you choose to email or fax the form, you must bring the original signed copy with you on auction day in order to receive your bidder’s paddle. It is my assumption that should you forget this form, the auction company will allow you to sign the faxed or emailed version at the registration table.
The West End will open at 9:00am on auction day and bidders are encouraged to arrive at least 1 hour prior to the 11:00am auction.
Money requirements
Bidders are required to bring a $5,000 cashier’s check made out to themselves or another type of immediately available funds. In addition, bidders are required to bring a blank personal or business check that will be used to complete the difference between your $5,000 cashier’s check and 5% of the total condo purchase price. You may want to consider obtaining your cashier’s check by Friday to avoid any issues Saturday morning.
The West End’s condo homeowners association fees currently average $0.17/sf. The exact monthly HOA fees for each individual condo are published and available on the day of the sale.
Key auction terms
All of the auction terms are available on the West End condo auction website; however, I would like to point out a few key items that may affect your bidding strategy. The first is that there is a 10% buyer’s premium at the sale. In short, this means if your winning bid is $500,000, the actual purchase price will be $550,000 and your earnest money requirement will be $27,500 ($5,000 cashier’s check + $22,500 personal or business check).
All auction purchases are required to be closed on or before Friday, January 15th, 2010. Should you not consummate your purchase by that date, you are subject to loss of all earnest monies and the West End Partners shall be allowed to sue for damages and specific performance.
This auction is an ‘as is, where is’ sale, which means that no contingencies will be permitted. Your auction purchase will not be allowed to be contingent on financing, an appraisal or an inspection. If you feel inclined to have the property inspected prior to auction day, you should schedule that to occur prior to Thursday, December 3rd.
All one and two bedroom condos are being sold with 1 parking space included and all three bedroom condos are being sold with 2 parking spaces included. An additional 10 parking spaces will be offered to the buyers of the two bedroom condos and sold on a first come first serve basis, limited to 1 space per condo. Pricing for these additional parking spaces has not been announced.
There are 16 condos that have a published flooring allowance for buyers to utilize to complete the unfinished flooring in those units.
Auction terms not present or unclear
I have not found any mention of a builder’s or developer’s warranty for the condos or property. I have also not been able to verify that either Compass Bank or Metlife will be offering guaranteed financing. If this is not the case, any difficulty with obtaining a mortgage could result in the loss of your earnest money and a lawsuit as outlined above. This is a very key point to keep in mind considering the West End condo project is not currently FHA warrantable, which makes obtaining conventional financing more difficult. I strongly recommend that you fully vet your finances with your preferred lender prior to the auction. Typically, an auction company secure a couple of banks to offer guaranteed financing, but this does not appear to be the case with this auction as it was with the successful Terrazzo auction last week.
The auctioneers and/or developer reserve the right to change or amend any or all of the above terms and conditions at any time prior to or during the auction. They have also reserved the right to stop the auction at any point they deem reasonable. The order in which the condos are auctioned and when/if the absolute units will be auctioned during the sale is also unclear at this date. I have also not been able to verify that three bedroom buyers will be prohibited from purchasing additional parking on the day of the sale.
Auction representation and consultation
Should you choose to utilize a broker to represent your interests and consult with you during the auction, no additional fees will be required. In other words, you gain a broker’s experience and guidance at no cost.
I would like for you to consider taking advantage of my knowledge and services during this auction as I am uniquely qualified to advise you during this process. Should you choose to avail yourself of my services, I have made the buyer’s registration form available here for your convenience. Please complete this form and fax or email to the numbers listed on the form. Do not hesitate to call me at anytime with any questions: 615-945-7123
Why Grant Hammond
In addition to being the foremost expert in the Nashville condo market, I own an interest in RealtyTrust Auctioneers, LLC. The experience and knowledge I have gained from working with principle auctioneer E. Dwight O’Neal has uniquely honed my ability to help guide condo buying decisions in an auction atmosphere. There are certain methods and strategies that can be employed during the auction process which can lead to purchasing at a lesser price.
Additionally, I will continue to receive updates from all parties and principles to the auction prior to and during the auction. Invariably, this information usually changes the buying strategy on auction day.
Below is a complete list of West End condos to be auctioned.



November 27, 2009, 4:08 pm
November 27, 2009, 10:37 pm
Thanks Grant. Your insight is well documented.I would invite you and Dwight to the Tennessee Auctioneers Association Convention Sunday December 6th. There will be lively discussion as well as Lt. Governor & TAA Hall of Fame Auctioneer Ron Ramsay. I hope you notice the Absolute Auction is being used at the West End. I take it seriously , since it was crafted by my Grandfather , here locally in 1947…Clive Anderson. The West End will be interesting and my good friend Jay Hayes and his father John Coleman Hayes will taste success. The ball is really in their court & I have known them for over 20 years…and have never known them to be unsuccessful.Experienced Broker/Realtor/Auctioneers have keen insight also…
Sincerely…TAA President
November 28, 2009, 2:12 am
November 28, 2009, 6:24 am
If indeed they follow through and auction a few units absolute, I think they'll sell at such low prices that you'll see the developer stop the show after a unit or 2 is sold. I expect to see no more than 3 or 4 sales at prices of less than $150/sf. Some might think that's a steal but I think it's market for that project.
If the market for The West End really does turn out to be $150 and the event is a bust, then the next attempt to create excitemnt there might have to woo buyers with more absolute deals or a reserve no higher than $125/sf.
November 30, 2009, 5:40 am
I think prices seems to be good. However, one thing is troubling me and that is the West End condo project is not FHA warranted currently, Without banks offering any guaranteed financing it gets tough for buyers and it is must to clear job with lenders.
December 2, 2009, 3:41 pm
Expand ⇗Guest Will 1 hour ago in reply to Falcon2
For the sake of clarity about the West End, I do think that there is a lease restriction in the by-laws. I didn't read them closely, but it appears that you cannot lease until the building is 100% sold (Section 12.1).
Flag LikeReplyReply
Falcon2 0 minutes ago in reply to Will
Good point. Yes, there can be no leasing for some time at the West End and there are also onerous right of first refusal conditions in that same section of the bylaws. Absent a release from these conditions this could make it very difficult for owners to sell their units and, oddly, owners are also agreeing to be assessed for their share of any unit purchase that the HOA decides it may want to make. I wonder how many prospective bidders will even read these provisions.
Flag
December 2, 2009, 3:44 pm
Wanted to post Will's comment and my reply regarding The West End from another thread.
Given the nature of these restrictions and poor available financing for this project I can't imagine that there will be much investor interest at this auction.
December 2, 2009, 4:22 pm
I am not seeing as much interest in this auction as I did for the Terrazzo auction. Of course, I am only one person and certainly not the only broker in town. I am hoping that the terms and conditions announced on the day of the auction are crystal clear and favorable for bidding.
December 2, 2009, 4:31 pm
Great point Grant. I spoke with Robin Treadway, President of Manheim Nashville who will be helping Pedigo on Saturday. Hopefully terms and conditions day of sale will prevail. What is your opinion on the Holiday timing and the ability to get financing keeps comong up at our office.?
Your thoughts
December 2, 2009, 5:27 pm
Not having a bank or lender committed to providing guaranteed financing to qualified bidders is a large negative. The Terrazzo had 3 banks who were all able to get bidders pre-approved with rates locked and ready to go. As you know, any type of uncertainty while you are already skating on thin ice is a potentially dangerous thing.
December 3, 2009, 1:51 pm
Is this project short on parking ? The auction terms and conditions on their website indicate that the 25 two bedroom buyers get just 1 parking space and a 1st come 1st serve option to buy 1 more from a total of 10. If that means 15 of the two bedroom condos will be have to function with just one space I don't think that will fly. Even if you are lucky enough to get 2 spaces the value of all those other units will really hurt the building I think.
December 4, 2009, 10:57 pm
You're right, the original Master Deed forbade Owners from leasing their Unit, but Section 12.1 of the original Master Deed is deleted and replaced by the Second Amendment to the Master Deed. The Owner now just has to notify the Board seven days prior to entering the lease, and the Board can approve or disapprove the form of the lease (but not the lessee) and “notifty the Unit Owner of the requisite action to be taken in order to bring the lease in compliance with the Master Deed…”. Looks like there may be some investors there after all!
December 5, 2009, 7:56 am
I have learned a few more facts over the past few days that may also help. As John pointed out the master deed was amended to allow for leasing with a 7 day notice and according to the auctioneer, “leasing will be allowed for condos bought at the auction. Buyers simply need to select the 'investor' box on the purchase contract”.
There also does seem to be a lack of parking with 131 spaces inside the building. There are actually 158 total bedrooms in the building, thus there is not 1 spot per bedroom nor is there room for guest parking. I asked if the back parking lot of Brick Tops was useable, but have not received an answer.
December 5, 2009, 1:38 pm
That will help.
December 5, 2009, 1:56 pm
I have learned a few more facts over the past few days that may also help. As John pointed out the master deed was amended to allow for leasing with a 7 day notice and according to the auctioneer, “leasing will be allowed for condos bought at the auction. Buyers simply need to select the 'investor' box on the purchase contract”.
There also does seem to be a lack of parking with 131 spaces inside the building. There are actually 158 total bedrooms in the building, thus there is not 1 spot per bedroom nor is there room for guest parking. I asked if the back parking lot of Brick Tops was useable, but have not received an answer.
December 5, 2009, 7:38 pm
That will help.
December 9, 2009, 3:47 am
January 13, 2010, 10:40 pm