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The
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.
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