Alabama Auction and Auctioneer Laws
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Items 1 - 16 of 16
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When an Offer requires an Express Acceptance, the fact of Acceptance must be communicated to the Offeror by the Offeree or his agent, a mere Private Uncommunicated Assent will not effect a Contract
The Court of Civil Appeals of Alabama in Frank Crain Auctioneers, Inc. v. Delchamps, 797 So. 2d 470(2000) held that an offer is said to be accepted only if the assent is communicated to the offeror per the offer terms. If the offer requires an express acceptance, the fact of acceptance must be communicated to the offeror. An offer alone does not create a contract. And w...
Under Alabama law, an Auction Sale is Generally Considered “With Reserve” Unless Goods are Explicitly put up “Without Reserve”
The Supreme Court of Alabama in Sly v. First Nat'l Bank, 387 So. 2d 198, 200 (Ala. 1980) held that, in Alabama, an auction is generally with reserve unless the goods are explicitly put up without reserve. The Court stated that, in such auctions, the bidder is the offeror. Therefore, the seller can accept or reject any bid, or withdraw the good from the auction unless he explicitly ...
Sellers in Auction Sale Cannot Disclaim Core Description of the Product Offered for Sale
In La Trace v. Webster, 17 So. 3d 1210 (Ala. Civ. App. 2008), the Alabama Court of Civil Appeals stated that the core description of a product offered for auction sale creates an express warranty provision. The products must therefore conform to the core description. The Court of Appeals referred to the federal district court’s findings in Balog v. Center Art Gallery-Hawaii, In...
Bidding to Dispose of Surplus Personal Property Owned by State of Alabama
Code of Alabama Title 41. State Government. (Refs &Annos) Chapter 16. Public Contracts. (Refs &Annos) Article 6. . Disposition of Surplus Personal Property Owned by State. (Refs &Annos) § 41-16-123. Provisions applicable to certain property held by division. This section shall apply only to that property that has been held by the division for a period of not less than 60 days...
Public Auction to Dispose of Property or Money Found on Alabama Airport Authority
Code of Alabama Title 4. Aviation. Chapter 2A. Alabama International Airport Authority. § 4-2A-21. Disposal of lost money or property found on authority property. All money or property found at an airport owned or controlled by the authority shall be reported or delivered by the finder to the airport lost and found, and when so delivered shall be held by the authority for 45 days or until...
Alabama Law on Notice and Sale of Abandoned Property (Celburne County)
Code of Alabama Title 45. Local Laws. Chapter 15. Cleburne County. Article 23. . Sheriff. Part 1. . Funding. § 45-15-230. Sale of abandoned, stolen, and unclaimed property. (a) The Sheriff of Cleburne County, Alabama, shall sell at public auction, in the manner provided in this section, abandoned and stolen personal property recovered by the Sheriff's Department of Cleburne County w...
Alabama Law on Sale of Abandoned Property (Etowah County)
Code of Alabama Title 45. Local Laws. Chapter 28. Etowah County. Article 23. . Sheriff. Part 2. . Funding. § 45-28-231. Abandoned and stolen personal property. (a) The Sheriff of Etowah County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff's office, which the records shall state the description of the property,...
Alabama Law on Sale of Abandoned Property (Coosa County)
Code of Alabama Title 45. Local Laws. Chapter 19. Coosa County. Article 23. Sheriff. Part 2. . Funding. (Refs &Annos) § 45-19-231. Abandoned and stolen property. (a)(1) The sheriff shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff's department. These records shall state the description of the property, the date of r...
Alabama Law on Notice and Sale of Stolen or Abandoned Property (Baldwin County)
Code of Alabama Title 45. Local Laws. Chapter 2. Baldwin County. (Refs &Annos) Article 23. . Sheriff. (Refs &Annos) Part 2. . Funding. Subpart 3. Sale of Abandoned, Stolen, and Unclaimed Property. § 45-2-231.43. Notice and sale of stolen or abandoned property. (a) At least every six months, the sheriff shall sell at public auction to the highest bidder for cash all abandoned or...
Reverse Auction Procedures in Alabama
Code of Alabama Title 41. State Government. (Refs &Annos) Chapter 16. Public Contracts. (Refs &Annos) Article 2. . Competitive Bidding on Public Contracts Generally. (Refs &Annos) § 41-16-24. Advertisement for and solicitation of bids; opening of bids; public inspection; reverse auction procedures; certain partial contracts void. (a) The Purchasing Agent shall advertise for s...
Alabama Law Mandates Penalty for Violation of Article 2
Code of Alabama Title 8. Commercial Law and Consumer Protection. (Refs &Annos) Chapter 14. Public Auctions. (Refs &Annos) Article 2. . Sale of Gold, Silver, Watches, Jewelry, China, Etc. (Refs &Annos) § 8-14-24. Penalty for violation of article. Any person, firm, or corporation violating any of the provisions of this article shall be fined upon conviction in a sum not exceedi...
No By- Bidders, Cappers, and Boosters at Public Auction Sales in Alabama
Code of Alabama Title 8. Commercial Law and Consumer Protection. Chapter 14. Public Auctions. Article 2. . Sale of Gold, Silver, Watches, Jewelry, China, Etc. § 8-14-22. By-bidders, cappers, and boosters. It shall be unlawful for any person to act as by-bidder, or what is commonly known as capper or booster, at any public auction regulated by this article, or to place, offer, or make any...
Person or Firm or Corporation Selling Personal Property at Public Auction Sale Should Maintain Records – Alabama Law
Code of Alabama Title 8. Commercial Law and Consumer Protection. (Refs &Annos) Chapter 14. Public Auctions. (Refs &Annos) Article 1. . General Provisions. (Refs &Annos) § 8-14-1. Records to be kept by persons selling personal property at auction; inspection of records by law enforcement officers. (a) Every person, firm, or corporation engaged in the business of selling person...
Descriptions of Goods at Alabama Public Auction Sales Considered Warranties
Code of Alabama Title 8. Commercial Law and Consumer Protection. (Refs &Annos) Chapter 14. Public Auctions. (Refs &Annos) Article 2. . Sale of Gold, Silver, Watches, Jewelry, China, Etc. (Refs &Annos) § 8-14-23. Descriptions of goods considered warranties. Any person, firm, or corporation selling, disposing of, or offering for sale at public auction any gold, silver, plated w...
Alabama Law on Auctioneers Taking Rebate
Code of Alabama Title 8. Commercial Law and Consumer Protection. (Refs &Annos) Chapter 11. Rebates, Discounts, Drawbacks, Return Commissions, Gifts or Gratuities. § 8-11-5. Taking rebate, etc., by factor, commission merchant, broker, attorney, auctioneer, or agent. Any factor, commission merchant, broker, attorney, auctioneer, architect, or agent who is employed or authorized to sell ...
When Sale of Auction Lot Final Alabama
Code of Alabama Title 7. Commercial Code. (Refs &Annos) Article 2. Sales. Part 3. . General Obligation and Construction of Contract. (Refs &Annos) Current through the end of the 2013 Regular Session. § 7-2-328. Sale by auction. (1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (2) A sale by auction is complete when the auctioneer s...
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Items 1 - 16 of 16
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