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Auctions are fun, exciting and very entertaining venues. You
can be very successful if you bid with your head and are familiar with the
process. We have provided this section to describe some auction basics.
First of all there are 2 types of auctions Absolute
Auctions and Reserve Price Auctions. There can be modifications as well like
Reserve Auctions that are subject to confirmation.
Absolute Auctions
Absolute auctions are sold to the highest recognized
bidder regardless of price. The word "recognized" is very important here. You
should understand that the auctioneer has the right not to "recognize" an
initial bid in any type of auction. Why is that? Because the opening bid should
be a reasonable bid. An opening bid that is ridiculous would more than likely
not be recognized as it is not reasonable to the commencement of the auction.
If however the auctioneer chooses to recognize the bid in an absolute auction
the auction must continue and the item or lot is sold at the highest recognized bid even if there are no other bid increases or other bidders.
Here is a hypothetical example to help explain this. Lets
say a diamond ring worth approximately $1,000 was being auctioned and the
auctioneer said something like "and $500 to start it where". Now no hands go
up in a few seconds and someone yells out "25 bucks". Legally the auctioneer
does not have to recognize the bid and will more than likely just call for
the next item. On the other hand if the $25 bid was recognized and the
auctioneer said something like "ok I have $25 and now $50 where", then even if
there were no bid increase the $1,000 diamond must be sold for $25 because the
bid of $25 was recognized. In short after the first bid is recognized the gloves
are off and there is going to be a sale if the auction is absolute.
Reserve Price Auctions
Reserve price auctions are auctions where an item may not be
sold to the highest recognized bidder. If the auctioneer says SOLD however (even by accident) then the
item has to be sold to the highest recognized bidder even if the reserve was
not met. SOLD without conditions means
SOLD. More than likely if the item didn't meet the reserve the auctioneer would not say SOLD and just call for the next item and the item is then subsequently
returned to the client. Once a reserve is met the auction of that item automatically becomes absolute.
SOLD Subject to Confirmation
In a reserve price auction an auctioneer can also say SOLD
subject to confirmation. That may mean that bidding has gone as high as was
possible at the auction but just shy of the reserve or that the client/owner of
the item/lot requested to confirm the final sale price before committing to it.
The auctioneer will then during or after the sale confirm with the client/owner
to see if they will accept the bid or not. If the client says sell it then it's
SOLD if not the item is returned to the client/owner or an alternate price is
negotiated. This happens only occasionally and most of the time items that meet
the reserve are sold. The auctioneer is in the business of selling not
practicing how well they can pick up an item, spend all kinds of time and money
marketing it just to return it back to the client/owner. When most auctioneers
meet with a client they make sure that reserves are set reasonable or they
simply don't get involved. You can be sure that if you come to one of our
auctions that the reserves will be reasonable and more than likely set at a
dollar amount that the owner(s) may not be 100% comfortable with but agree to
so that an auction can take place. Most times the final sale price will be well
beyond the reserve and can even be higher than anticipated final value. It's
simply the way things are done most of the time. Why would an auctioneer waste
his or her time and money trying to auction an item that is too close to a
speculated retail price? It simply
doesn't make sense.
The Fall of the Hammer and Hammer Price
There are many ways that an auctioneer can indicate that an
item is SOLD or what is know in the business as the fall of the hammer. The
auctioneer can say SOLD, actually hammer a gavel without saying anything, moon
walk, say "you got it" or anything they choose as long as they are consistent
in doing so to indicate that an item is in fact SOLD. Whatever the auctioneer
chooses to do is recognized and understood as the fall of the hammer. The hammer price is the highest recognized bid price that the item sells for at the fall of the hammer.
How can I bid?
First you must register as a bidder. For our real estate
auctions more than likely you will be required to leave a down payment, present proper ID and
sign a document confirming that you understand the terms and conditions of the
particular auction. Then you will be given a bidder number and more than likely
a sample of the purchase and sales agreement and or other documents relative to
the property and auction. Your bidder number is considered your receipt so keep
it in a safe place or in your hand at all times. If you are not the high bidder
your down payment will be returned to you following the sale upon the return of
your bidder card and the presentation of proper ID (both).
How do auctioneers sell?
Initially a good auctioneer will stick with the first 2
people that the auctioneer identifies throughout the bidding process. That
doesn't mean that the auctioneer doesn't see everyone else with a bidder card
up it simply helps keep the auction organized and moving forward. It simply
doesn't make sense to jump around to every single bidder sporadically as that
can be very confusing for everyone. If one of the initial bidders drops out the
auctioneer will immediately try and identify a new bidder with a bid card up
and stick with those two bidders and so on until there are no other bids or rather until the fall of the hammer.
Hint: If you get involved and bid early (one of the
initial or frequent bidders) you have the greatest potential to save money.
It's better to be the person with the last standing bid than the person who has
to beat it!
When can I take possession of what I bought?
At goods and estate auctions most times items can be removed
immediately after the auction has completed or the next day in some cases. If
an auction ran later than expected or for large items next day or scheduled
pickup may be in order. Some auctioneers may even have smaller, delicate or
expensive items brought to you immediately during the sale if they elect to and
let you check out immediately. For our Real Estate Auctions or most real estate
auctions you may take possession after the property closes escrow in most cases
unless agreed to otherwise. It is really up to the individual auctioneer.
What guarantees are there?
All items sold are typically sold AS IS WHERE IS ONLY with
no guarantees of any kind either expressed or implied. Do your research and
inspections before the auction and not after you take possession because once
it's sold it's yours in most cases. With real estate auctions most times there
is a guarantee of insurable title. If the title cannot be insured then you
would not be bound to the purchase and your down payment and other monies as
may be relevant per terms and conditions of the particular sale would be
returned to you.
What does Vestport Inc. Auction?
Exclusively Real Estate at this time however we can help you
with estate sales and any other auctions as well. Call for more information.
Will Vestport Inc. buy estates and real estate outright?
Yes, feel free to run anything by us. Note: Regarding
estates, an auctioneer cannot buy some items and auction off others. To buy
some items and auction others is illegal and an obvious conflict of interest
however if you simply don't have the time to schedule an auction and need to
sell immediately we may be able to help in many ways by purchasing the estate
or referring you to a qualified associate that is an expert in this field. Real
estate without a minimum of 25% equity will not be considered for auction or
purchase.
What if I received a foreclosure notice?
First of all never ignore the notice! That would be the
worst possible thing that you could do. Contact your attorney immediately and
the bank to see if something can be worked out and many times can be. We want
to see you keep your property so act immediately and respond to any notice
after you call your attorney first. If you do nothing you will more than likely
default on the property and ruin your credit. You may be surprised at how banks
are willing to cooperate and even adjust terms in some cases if you get
involved immediately. The banks do not want to foreclose. For them it is
expensive, time consuming and not too great for marketing loan products to say
the least. So again take action immediately!
We hope that you have found this information useful.
Please call us if you are considering selling at
auction at 617-799-6928
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