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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. |
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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. |
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| 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.
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Accounting of Sale
| A report issued
to the seller by the auctioneer detailing the financial aspects
of the auction. |
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Agent
| A person who
acts for or in the place of another individual or entity by
authority from them. |
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Appraisal
| The act or
process of estimating value. |
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Apprentice Auctioneer
| An auctioneer
who is in training, operating under the supervision of a licensed
or experienced auctioneer. |
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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. |
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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.
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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. |
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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.
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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. |
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Auction
Marketing
| The method
of marketing real property utilizing the auction method of sale.
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Auction
Plan
| The plan for
pre-auction, auction day and post auction activities.
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Auction
Price
| The price
of a property obtained through the auction method of marketing.
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Auction
Subject to Confirmation
| (See "Reserve
Auction") |
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Auction
Value
| The price
which a particular property brings in open competitive bidding
at public auction. |
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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. |
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Auction Without Reserve
| (See "Absolute
Auction") |
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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. |
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Auctioneer Subcontractor
| An auctioneer
hired by the principal auctioneer. |
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Ballroom
Auction
| An auction
of one or more properties conducted in a meeting room facility.
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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. |
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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. |
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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. |
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| 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.
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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.
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Bid Rigging
| The unlawful
practice whereby two or more people agree not to bid against
one another so as to deflate value. |
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Bidder
Number
| The number
issued to each person who registers at an auction. |
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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.
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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. |
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Bookkeeper or Clerk
| The person
who is responsible for the accounting and paperwork at an auction
sale.
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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. |
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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.
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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.
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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.
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Caravan Auctions
| A series of
on site auctions advertised through a common promotional campaign.
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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. |
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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. |
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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.
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Clerk
| The person
employed by the principal auctioneer or auction firm to record
what is sold and to whom and for what price. |
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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. |
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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.
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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. |
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Contract
| An agreement
between two or more persons or entities which creates or modifies
a legal relationship. |
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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. |
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Critical Path
| Sequence of
key tasks to be done by auction contractor or other designated
parties on specified dates, leading to desired goals.
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Dual Agency
| The representation
of opposing principals (buyers and seller) at the same time.
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Due Diligence
| The process
of gathering information about the condition and legal status
of assets to be sold. |
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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.
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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. |
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Groundsman
| (See "Bid
Assistants") |
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Hammer Price
| Price established
by the last bidder and acknowledged by the auctioneer before
dropping the hammer or gavel. |
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Listing Agreement
| See Auction
Listing Agreement. |
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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. |
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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.
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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. |
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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. |
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Opening Bid
| The lowest
acceptable amount at which the bidding must commence.
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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.
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Multi-Seller Auction
| Properties
owned by many sellers, offered through a common promotional
campaign are auctioned in a single event. |
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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.
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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. |
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No-Sale Fee
| A charge paid
by the owner of property offered at a reserve auction when the
property does not sell. |
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Opening Bid
| The first
bid offered by a bidder at an auction. |
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On-site Auction
| An auction
conducted on the premises of the property being sold.
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Participating Broker
| See Cooperating Broker. |
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Preview
| Specified
date and time property is available for prospective buyer viewing
and audits. Also known as Open House or Inspection.
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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. |
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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. |
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| The minimum
price that a seller is willing to accept for a property to be
sold at auction. Also known as the reserve price. |
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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.
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Sale Manager
| The person
designated by the auction company who is responsible for organizing
the details of an auction. Also known as project manager.
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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.
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Seller
| Entity that
has legal possession, (ownership) of any interests, benefits
or rights inherent to the real or personal property.
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Subject to Confirmation
| (See "Reserve
Auction") |
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Tax
Sale
| Public sale
of property at auction by governmental authority, due to nonpayment
of property taxes. |
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Terms
| The period
of time that an agreement is in effect. |
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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. |
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Tie
Bids
| When two or
more bidders bid exactly the same amount at the same time and
must be resolved by the auctioneer. |
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Trustee's
Sale
| A sale at
auction by a trustee. |
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Upset
Price
| Commonly known
as the reserve price. |
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Withdrawal
| Failure to
reach the reserve price or insufficient bidding. |