Posted by MarkB_MI on June 23, 2017 at 02:50:50 from (70.194.5.89):
In Reply to: Auction dispute posted by LAA on June 23, 2017 at 01:09:19:
It would seem to be a straightforward matter of contract law: Is the sales contract between you and the auctioneer, or between you and the seller? Assuming it's between you and the seller, whether or not his auctioneer is licensed is irrelevant.
There's an interesting discussion of auction contract law in this blog post: https://mikebrandlyauctioneer.wordpress.com/2009/12/29/the-three-3-types-of-auction-contracts/ "When auctioneers bid call, they enter into, typically, oral contracts with the high bidder(s) and then, finally upon “Sold!” they enter into a different contract with the ultimate high bidder — the buyer. These contracts are actually between the seller and the high bidder, and then seller and buyer; the auctioneer acts as an agent for the seller."
If, indeed, the auctioneer is unlicensed, the seller has a valid claim that the auctioneer misrepresented himself. He could sue the auctioneer and maybe get his commission back, but that wouldn't invalidate any of the actual sales, since they are all contracts between buyer and seller. For example, if you sold a house through a real estate agent and later found the agent to be unlicensed, the sale is still valid because it's a contract between you and the buyer. The real estate agent is not a party to the actual sales contract.
Also, if the buyer actually allowed the other buyers at the auction to take delivery of their purchases, that would wreck his case that the auction wasn't done legally and all sales should be invalidated. He can't pick and choose which sales to renege on; it's all or nothing.
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