Auction Glossary

(See “Reserve Auction.”)

The price which a particular property brings in open competitive bidding at public auction.

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.

See Absolute Auction.

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.

An auctioneer hired by the principal auctioneer.

A professional organization of nearly 600 auctioneers in the North Carolina which was formed to unite auctioneers, provide education and monitor legislation affecting the auction industry, with the desire that buyers and sellers would be better served.

An auction of one or more properties conducted in a meeting room facility.

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.

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.

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.

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.

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.

The number issued to each person who registers at an auction.

The unlawful practice whereby two or more people agree not to bid against one another so as to deflate value.

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.

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.

The person who is responsible for the accounting and paperwork at an auction sale.

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.

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.

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.

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.

A series of on site auctions advertised through a common promotional campaign.

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.

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.

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.

The person employed by the principal auctioneer or auction firm to record what is sold and to whom and for what price.

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.

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.

An agreement between two or more persons or entities which creates or modifies a legal relationship.

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.

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.

Sequence of key tasks to be done by auction contractor or other designated parties on specified dates, leading to desired goals.

The representation of opposing principals (buyers and seller) at the same time.

The process of gathering information about the condition and legal status of assets to be sold.

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.

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.

See Bid Assistants.

Price established by the last bidder and acknowledged by the auctioneer before dropping the hammer or gavel.

See Auction Listing Agreement.

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.

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.

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.

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.

The lowest acceptable amount at which the bidding must commence.

A group of properties offered through a common promotional campaign. The properties to be auctioned may be owned by one seller or multiple sellers.

Properties owned by many sellers, offered through a common promotional campaign are auctioned in a single event.

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.

A required educational program created and sponsored by the North Carolina Auctioneers Association for all NC-licensed auctioneers. A minimum of 4 hours annually is required to renew an auction license in North Carolina

A charge paid by the owner of property offered at a reserve auction when the property does not sell.

The first bid offered by a bidder at an auction.

An auction conducted on the premises of the property being sold.

See Cooperating Broker.

Specified date and time property is available for prospective buyer viewing and audits. Also known as Open House or Inspection.

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.

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.

The minimum price that a seller is willing to accept for a property to be sold at auction. Also known as the reserve price.

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’

The person designated by the auction company who is responsible for organizing the details of an auction. Also known as project manager.

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.

Entity that has legal possession, (ownership) of any interests, benefits or rights inherent to the real or personal property.

See Reserve Auction.

Public sale of property at auction by governmental authority, due to nonpayment of property taxes.

The period of time that an agreement is in effect.

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.

When two or more bidders bid exactly the same amount at the same time and must be resolved by the auctioneer.

A sale at auction by a trustee.

Commonly known as the reserve price.

Failure to reach the reserve price or insufficient bidding