Auctions can take place in the property for sale, in a real estate agent`s office or in the premises of an auctioneer. This information is contained in the advertising for the property. In re Western States Wire Corp., 490 F.2d 1065 (9th Cir. Cal. In 1974), the interviewee conducted a public auction and the petitioner was the successful candidate. The petitioner paid a deposit and the balance of the purchase price was payable before the boat was taken over. The county has an annual property tax against the boat. Subsequently, the petitioner paid the balance and received the certificate of ownership. But the accused refused the county`s tax request.
The primary obligation of a bidder is to make an offer to sell property or land by public purchase at the highest or best bidder. It should be noted that in some jurisdictions, the right to sell property at a public auction is not an absolute right. Auctioning is a special privilege that can be retained, unless appropriate rules are followed. The activity of an auctioneer is a matter of public policy and is subject to legal restrictions and regulations aimed at preventing abuse and fraud. National legislators may impose restrictions or rules on the acts of an auction. For example, see State ex rel. Danziger v. Mortg.`s recorder, 206 La. 259, 267 (La. 1944). The UCC remains silent on the transfer of risk of loss at an auction. In general, ownership of the goods is negligible in determining which party bears the risk of loss.
The essential element is the identity of the party that controls the goods. La Vendeee has the right to have the property delivered to him as soon as he has complied with the terms of sale. At this stage, the refusal of delivery is considered a breach of the contract. Because auctioning is governed by the single code of commerce, the UCC`s explicit and unspoken warranty provisions apply and govern the auction. Bassford v. Trico Mortgage Co., 273 N.J. Super. 379, 384 (Div. 1993); Atl. Orient Corp. v.
AOC Energy LLC (In re Atl. Orient Corp.), 2003 BNH 5 (Bankr. D.N.H. 2003) There is undoubtedly a lack of transparency in these transactions. The auction house`s catalogue indicates that a lot is subject to a minimum price guarantee, but that the amount of the guarantee is not published and that the deposit is known the amount. It is therefore likely that they have information that puts them in a better position than their competitors. Normally, the minimum price is not communicated to anyone. This probably threatens the idea of participants in the auction process doing so under the same conditions. In the event of a sale due to the seller`s disavoast, the seller is allowed to return his deposit. To Teaffe v. Simmons, 93 Mass. 342,343-344 (Mass.
1865), it was decided that if a seller violated the agreement, either by not presenting a good title on time or by refusing to promote, The Vendee would maintain an action against the bid to recover the deposit, but no expense or interest or sale could maintain an action against the seller to recover the deposit and interest.