AARE (Accredited
Auctioneer,
Real Estate) |
The professional designation awarded by
the Auction Marketing 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
|
|
| 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. |
National
Real Estate
Auction Committee
|
A national
committee developed by the NATIONAL ASSOCIATION OF REALTORS in April, 1990 to provide
education to members concerning real estate auctions, identify issues and monitor, review
and analyze trends affecting the real estate auction industry. It also is charged with
formulating policies for consideration by other policy-making NAR Committees, its
Executive Committee and Board of Directors. |
| 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. |
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. |