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/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.
ADVERTISING: Non-personal, paid communication such as a newspaper, radio,
direct mail and TV directed toward the general public or, in some cases, specific
prospective client groups to provide information about the time, place, contents,
and arrangements of an 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 and real estate 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 PRICE: The price of property obtained through the auction.
AUCTION VALUE: The price which a particular property/item brings in
open competitive bidding at public auction.
AUCTION WITH RESERVE: Also known as "Reserve Auction" and "Auction Subject
to Confirmation". 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.
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.
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 buyer who are not paying with currency at auction.
BID: A prospective buyer's indication or offer of a price he/she will
pay to purchase property at auction. Bids are usually in standardized increments
established by the Auctioneer.
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", "Goundsmen".
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.
BIDDER NUMBER: The number issued to each person to registered at an
auction.
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 or prior to the 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/items. After the high bidder's selection, the property/item
is deleted from the group, and the second round of bidding commences, with
the high bidder in round two selecting a property/item. That property/item
is then deleted from the group, and the 3rd round begins, continuing until
all properties/items are sold.
BOOKKEEPER or CLERK: The person(s) who are responsible for the accounting
and paperwork at an auction sale.
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.
CATALOG or BROCHURE: A publication advertising and describing the property
available for sale at public auction, often including photographs, descriptions,
and the terms and conditions of sale.
CAVEAT EMPTOR: A Latin term meaning "Let The Buyer Beware!" A legal
maxim stating that the buyer takes the risk regarding the quality or condition
of the property purchased. Sometimes the property may be protected by warranty,
but this is a rare occasion.
CLERK: The person employed by the principal auctioneer or auction firm
to record what is sold and to whom and for what price.
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 prior to the auction.
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.
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. NOTE:
There sometimes are "LIVING ESTATE AUCTIONS", where the seller is alive, but
wishes to liquidate personal belongings and has hired the Auctioneer to do
so.
GROUNDSMEN: See Bid Assistants.
HAMMER PRICE: Price established by the last bidder and acknowledged
by the Auctioneer before dropping the hammer or gavel.
INSPECTION: Specified date, time and place property is available for
prospective buyer viewing and evaluation. Also known as a PREVIEW.
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.
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: Refers to Real Estate Auctions. A group of properties
offered through a common promotional campaigns. The properties to be auctioned
may be owned by one seller or multiple sellers.
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.
PREVIEW: Specified date, time and place property is available for prospective
buyer viewing and evaluation. Also known as an INSPECTION.
RESERVE: The minimum price that a seller is willing to accept for a
property to be sold at auction. Also known as 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. Also known as AUCTION WITH RESERVE.
SEALED BID: A method of sale utilized where confidential bids are submitted
to be opened at a predetermined place, date, and time. Many government auctions
occur in this manner, as they accept bids from around the country (and probably
the world!).
SELLER: Entity that has legal possession and ownership of any interests,
benefits or right inherent to the real or personal property.
SUBJECT TO CONFIRMATION: See RESERVE AUCTION.
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. |
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