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AARE
(Accredited Auctioneer, Real Estate)
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The
professional designation awarded by the NAA Education Institute to
qualified real estate auctioneers who meet the educational and
experiential requirements of the Institute and who adhere to a strict
code of ethics and standards of practice. |
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Absentee
Bid
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A
procedure which allows a bidder to participate in the bidding process
without being physically present. Generally, a bidder submits an offer
on an item prior to the auction. Absentee bids are usually handled
under an established set of guidelines by the auctioneer or his
representative. The particular rules and procedures of absentee bids
are unique to each auction company. |
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Absentee
Bidder
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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 or she will pay for a
given property. |
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Absolute
Auction
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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. |
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Accounting
of Sale
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A report
issued to the seller by the auctioneer detailing the financial aspects
of the auction. |
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Agent
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A person
who acts for or in the place of another individual or entity by
authority from them. |
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Appraisal
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The act
or process of estimating value. |
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Apprentice
Auctioneer
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An
auctioneer who is in training, operating under the supervision of a
licensed or experienced auctioneer. |
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“As
Is”
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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.” |
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Auction
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A method
of selling property in a public forum through open and competitive
bidding. Also referred to as: public auction, auction sale or sale. |
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Auction
Block
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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. |
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Auction
Listing Agreement
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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. |
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Auction
Marketer
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An
individual who contracts with sellers for the auction method of
marketing property. In the case of real property, he or she may not
actually conduct the sale but is directly responsible for all aspects
of marketing the property. |
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Auction
Marketing
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The
method of marketing real property utilizing the auction method of sale.
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Auction
Plan
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The plan
for pre-auction, auction day and post auction activities. |
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Auction
Price
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The
price of a property obtained through the auction method of marketing. |
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Auction
Subject to Confirmation
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(See
"Reserve Auction") |
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Auction
Value
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The
price which a particular property brings in open competitive bidding at
public auction. |
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Auction
With Reserve
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An
auction in which the seller or his agent reserves the right to accept
or decline any and all bids. A minimum acceptable price may or may not
be disclosed and the seller reserves the right to accept or decline any
bid within a specified time. |
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Auction
Without Reserve
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(See
"Absolute Auction") |
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Auctioneer
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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. |
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Auctioneer
Subcontractor
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An
auctioneer hired by the principal auctioneer. |
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Ballroom
Auction
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An
auction of one or more properties conducted in a meeting room facility.
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Bank
Letter
of Credit
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A letter
from a bank certifying that a named person is worthy of a given level
of credit. Often requested from prospective bidders or buyers who are
not paying with currency at auctions. |
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Bid
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A
prospective buyer's indication or offer of a price he or she will pay
to purchase property at auction. Bids are usually in standardized
increments established by the auctioneer. |
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Bid
Acknowledgment
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A form
executed by the high bidder confirming and acknowledging the bidder's
identify, the bid price and the description of the property. Also known
as Memorandum. |
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Bid
Assistants
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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
ring men, bid consultants, bid spotters, or grounds men. |
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Bid
Caller
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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. |
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Bid
Rigging
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The
unlawful practice whereby two or more people agree not to bid against
one another so as to deflate value. |
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Bidder
Number
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The
number issued to each person who registers at an auction. |
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Bidder
Package
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The
package of information and instructions pertaining to the property to
be sold at an auction event obtained by prospective bidders at an
auction. Sometimes called a bidder packet or due diligence package. |
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Bidder's
Choice
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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. After the high bidder's selection, the property is deleted
from the group, and the second round of bidding commences, with the
high bidder in round two choosing a property, which is then deleted
from the group and so on, until all properties are sold. |
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Bookkeeper
or Clerk
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The
person who is responsible for the accounting and paperwork at an
auction sale. |
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Broker
Participation
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An
arrangement for third-party brokers to register potential bidders for
properties being sold at auction for a commission paid by the owner of
the property or the auction firm. |
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Buyer's
Broker
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A real
estate broker who represents the buyer and, as the agent of the buyer,
is normally paid for his/her services by the buyer. |
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Buyer's
Premium
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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. |
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CAI
|
Certified
Auctioneers Institute. The professional designation awarded to
practicing auctioneers who meet the experiential, educational and
ethical standards set by the NAA Education Institute. |
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Caravan
Auctions
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A series
of on site auctions advertised through a common promotional campaign. |
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Carrying
Charges
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The
costs involved in holding a property which is intended to produce
income (either by sale or rent) but has not yet done so, i.e.,
insurance, taxes, maintenance, management. |
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Catalog
or
Brochure
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A
publication advertising and describing the property(ies) available for
sale at public auction, often including photographs, property
descriptions, and the terms and conditions of the sale. |
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Caveat
Emptor
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A Latin
term meaning "let the buyer beware." A legal maxim stating that the
buyer takes the risk regarding quality or condition of the property
purchased, unless protected by warranty. |
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Clerk
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The
person employed by the principal auctioneer or auction firm to record
what is sold and to whom and for what price. |
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Collusion
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The
unlawful practice whereby two or more people agree not to bid against
one another so as to deflate value or when the auctioneer accepts a
fictitious bid on behalf of the seller so as to manipulate or inflate
the price of the property. |
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Commission
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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 (the listing agreement) prior to the auction. |
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Conditions
of Sale
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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. |
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Contract
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An
agreement between two or more persons or entities which creates or
modifies a legal relationship. |
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Cooperating
Broker
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A real
estate broker who registers a prospective buyer with the auction
company, in accordance with the terms and conditions for that auction.
The broker is paid a commission only if his prospect is the high bidder
and successfully closes on the property. Also known as a participating
broker. |
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Critical
Path
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Sequence
of key tasks to be done by auction contractor or other designated
parties on specified dates, leading to desired goals. |
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Dual
Agency
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The
representation of opposing principals (buyers and seller) at the same
time. |
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Due
Diligence
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The
process of gathering information about the condition and legal status
of assets to be sold. |
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Estate
Sale
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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. |
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Graduate,
Personal Property Appraiser (GPPA)
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The
professional designation awarded by the NAA Education Institute
(formerly American Marketing Institute) to qualified property
appraisers who meet the educational and experiential requirements of
the Institute and who adhere to a strict code of ethics and standards
of practice. |
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Groundsman
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(See
"Bid
Assistants") |
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Hammer
Price
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Price
established by the last bidder and acknowledged by the auctioneer
before dropping the hammer or gavel. |
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Listing
Agreement
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See
Auction Listing Agreement. |
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Listing
Broker
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A real
estate broker who has a listing on a property and cooperates with the
auction company by allowing the auction agreement to supersede his/her
listing agreement. |
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Market
Value
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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. |
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Memorandum
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Sometimes
also referred to as a "Bidder Acknowledgment," or "Broker
Acknowledgment," the memorandum is signed by those parties either on
the auction floor or in the contract room. |
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Minimum
Bid Auction
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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. |
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Opening
Bid
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The
lowest acceptable amount at which the bidding must commence. |
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Multi-Property
Auction
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A group
of properties offered through a common promotional campaign. The
properties to be auctioned may be owned by one seller or multiple
sellers. |
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Multi-Seller
Auction
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Properties
owned by many sellers, offered through a common promotional campaign
are auctioned in a single event. |
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National
Auctioneers Association
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An
association of individual auctioneers united to promote the mutual
interests of its members; formulate and maintain ethical standards for
the auction profession; promote the enactment of just and reasonable
laws, ordinances and regulations affecting auction selling; make the
public more aware of the advantages of auction selling; and generally
improve the business conditions affecting the auction profession. |
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National
Real Estate
Auction Committee
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A
national committee developed by the NATIONAL ASSOCIATION OF REALTORS in
April, 1990 to provide education to members concerning real estate
auctions, identify issues and monitor, review and analyze trends
affecting the real estate auction industry. It also is charged with
formulating policies for consideration by other policy-making NAR
Committees, its Executive Committee and Board of Directors. |
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No-Sale
Fee
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A charge
paid by the owner of property offered at a reserve auction when the
property does not sell. |
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Opening
Bid
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The
first bid offered by a bidder at an auction. |
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On-site
Auction
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An
auction conducted on the premises of the property being sold. |
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Participating
Broker
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See
Cooperating Broker. |
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Preview
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Specified
date and time property is available for prospective buyer viewing and
audits. Also known as Open House or Inspection. |
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Referring
Broker
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A real
estate broker who does not have a listing on a property, but refers the
auction company to a potential seller for an auction. Usually earns a
flat fee commission for referring product to an auction company. |
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Regroup
|
A
process used in real estate auctions where a bidder has the opportunity
to combine several parcels of land previously selected by other
bidders, thereby creating one larger parcel out of several smaller
parcels. This process is often used in conjunction with bidder's
choice. |
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Reserve
|
The
minimum price that a seller is willing to accept for a property to be
sold at auction. Also known as the reserve price. |
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Reserve
Auction
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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. See also Auction With Reserve. |
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Sale
Manager
|
The
person designated by the auction company who is responsible for
organizing the details of an auction. Also known as project manager. |
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Sealed
Bid
|
A method
of sale utilized where confidential bids are submitted to be opened at
a predetermined place and time. Not a true auction in that it does not
allow for reaction from the competitive market place. |
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Seller
|
Entity
that has legal possession, (ownership) of any interests, benefits or
rights inherent to the real or personal property. |
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Subject
to Confirmation
|
(See
"Reserve Auction") |
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Tax
Sale
|
Public
sale of property at auction by governmental authority, due to
nonpayment of property taxes. |
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Terms
|
The
period of time that an agreement is in effect. |
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Terms
and Condition
|
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. |
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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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Trustee's
Sale
|
A sale
at auction by a trustee. |
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Upset
Price
|
Commonly
known as the reserve price. |
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Withdrawal
|
Failure
to reach the reserve price or insufficient bidding. |