Appraisal
The act or process of estimating value.
“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 comprehensive
bidding. Also referred to as: public auction, auction sale or sale.
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 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.
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.
Bank Letter of Credit
A letter from a bank certifying that a named person is worth a given level of
credit. Often requested from prospective bidders or buyers who are not paying
with currency at auction.
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
identity, the bid price and the description of the property. Also known as
Memorandum.
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 Property Information Package or a due diligence package.
Bidder's Choice
A method of sale whereby the successful high bidder wins the right to chose 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.
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.
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.
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) price at 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 facts 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.
Due Diligence
The process of gathering information about the condition and legal status of
assets to be sold.
Graduate, Personal Property Appraiser (GPPA)
The professional designation awarded to qualified personal 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.
Hammer Price
Price established by the last bidder and acknowledged by the auctioneer before
dropping the hammer or gavel.
Market Value
The highest price in terms of money which a property will bring in a
competitive and open market under all conditions required 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 an “Acknowledgment of Bid”, 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 promotion campaign. The
properties to be auctioned may be owned by one seller or multiple sellers.
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.
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 upon sale of the
property.
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.
Seller
Entity that has legal possession (ownership) or any interest, benefits or
rights inherent to the real or personal property.
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.
Withdrawal
Failure to reach the reserve price or insufficient bidding