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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
ringmen, bid consultants, bid spotters, or
groundsmen. |
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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
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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
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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
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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
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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
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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
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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
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(See
"Reserve Auction") |
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Tax Sale
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Public sale
of property at auction by governmental authority,
due to nonpayment of property taxes. |
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Terms
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The period of
time that an agreement is in effect. |
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Terms and Condition
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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
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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
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A sale at
auction by a trustee. |
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Upset Price
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Commonly
known as the reserve price. |
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Withdrawal
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Failure to
reach the reserve price or insufficient bidding.
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