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following is a glossary of real estate auction terms developed by the National
Association of Realtors Real Estate Auction Committee, the National Auctioneers
Association (NAA) and the NAA Education Institute. While it is a real estate glossary,
most of the terms apply to all types of auctions. AARE
(Accredited Auctioneer, Real Estate) The professional designation awarded
by the National Auctioneers Association 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.
Absentee Bid 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.
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 or 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. 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 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 Marketer 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. Auction Marketing
The method of marketing real property utilizing the auction method of sale.
Auction Marketing Institute Founded in 1976, this international
association awards the professional designations CAI, GPPA and AARE to properly
qualified auctioneers through education, experience, and adherence to a strict
code of ethics and standards of practice. Formerly known as the Certified Auctioneers
Education Institute Inc. Auction Plan The plan for pre-auction,
auction day and post auction activities. Auction Price The
price of a property obtained through the auction method of marketing.
Auction Subject to Confirmation (See "Reserve
Auction") Auction Value The price which a particular
property brings in open competitive bidding at public auction. Auction
With Reserve 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. Auction Without Reserve (See
"Absolute Auction") 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.
Auctioneer Subcontractor An auctioneer hired by the principal
auctioneer. 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 buyers who are not paying
with currency at auctions. Bid 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. Bid
Acknowledgment 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. 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, or groundsmen.
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. Bid Rigging
The unlawful practice whereby two or more people agree not to bid against
one another so as to deflate value. Bidder Number The number
issued to each person who registers 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. 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.
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. Bookkeeper or Clerk The person who is responsible
for the accounting and paperwork at an auction sale. Broker Participation
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. Buyer's Broker 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. 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. CAI - Certified Auctioneers Institute
The professional designation awarded to practicing auctioneers who meet the experiential,
educational and ethical standards set by the Auction Marketing Institute, Inc.
Caravan Auctions A series of on site auctions advertised
through a common promotional campaign. Carrying Charges 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. Catalog or Brochure 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.
Caveat Emptor 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. Clerk
The person employed by the principal auctioneer or auction firm to record what
is sold and to whom and for what price. Collusion 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.
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 (the listing agreement) 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. Cooperating Broker 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. Critical Path Sequence
of key tasks to be done by auction contractor or other designated parties on specified
dates, leading to desired goals. Dual Agency The representation
of opposing principals (buyers and seller) at the same time. 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. Graduate, Personal Property
Appraiser (GPPA) The professional designation awarded by the Auction
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. Groundsman See Bid Assistants.
Hammer Price Price established by the last bidder and acknowledged
by the auctioneer before dropping the hammer or gavel. Listing Agreement
See Auction Listing Agreement. Listing Broker 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.
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. Memorandum 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. 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 A group
of properties offered through a common promotional campaign. The properties to
be auctioned may be owned by one seller or multiple sellers. Multi-Seller
Auction Properties owned by many sellers, offered through a common promotional
campaign are auctioned in a single event. National Auctioneers Association
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.
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.
Participating Broker See Cooperating Broker. Pennsylvania
Auctioneers Association (PAA) A professional organization of nearly 600
auctioneers in the Commonwealth of Pennsylvania which was formed in 1949 to unite
auctioneers, provide education and monitor legislation affecting the auction industry,
with the desire that buyers and sellers would be better served. Pennsylvania
Auctioneers Accredited Continuing Education (PAACE) Program A voluntary
educational program created and sponsored by the Pennsylvania Auctioneers Association
for all PA-licensed auctioneers in the absence of mandatory continuing education
for auctioneers in the Commonwealth of Pennsylvania. Attendance at and completion
of 2 annual workshops is worth 4 continuing education (CE) credit hours.
Preview Specified date and time property is available for prospective
buyer viewing and audits. Also known as Open House or Inspection. Referring
Broker 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. 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. 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. 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. See
also Auction With Reserve. Sale Manager The person designated
by the auction company who is responsible for organizing the details of an auction.
Also known as project manager. 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. Seller Entity that has legal
possession, (ownership) of any interests, benefits or rights inherent to the real
or personal property. Subject to Confirmation See Reserve
Auction. Tax Sale Public sale of property at auction by governmental
authority, due to nonpayment of property taxes. Terms The
period of time that an agreement is in effect. 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.
Trustee's Sale A sale at auction by a trustee. Upset
Price Commonly known as the reserve price. Withdrawal
Failure to reach the reserve price or insufficient bidding. |