AARE (Accredited Auctioneer,
Real Estate)
The professional designation awarded by the NAA
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 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 NAA Education Institute.
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 NAA
Education Institute (formerly American 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.
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 Condition
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.