Georgia Auction and Auctioneer Laws
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Items 1 - 7 of 7
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Bidders are Bound by Organizational Disclaimers That are not Deceptive and that do not Violate Public Policy
The Georgia Court of Appeals in Wright v. Safari Club Int'l, Inc., 322 Ga. App. 486 (Ga. Ct. App. 2013) held that disclaimers are enforceable under Georgia law if they do not violate public policy. This case related to an auction in which the winning bidder brought suit against the organization conducting an auction for breach of contract and violation of the Georgia Fair Business Practices Ac...
An Auctioneer/Auction Company that Auctions Property on Behalf of a Principal Who Has no Title is Held Liable For Conversion
The Georgia Court of Appeals of Third Division held in Deere & Co. v. Miller-Godley Auction Co., 249 Ga. App. 797 (Ga. Ct. App. 2001) that an auction company/auctioneer who sells property on behalf of a principal having no title thereto is personally liable to the true owner for conversion. The appellate court found that the trial court erred in finding that public policy counseled again...
In an Auction Where Seller Reserves the Right to Accept or Reject Bid, a Contract to Sell is Formed Only After the Seller Accepts Bid
The Court of Appeal of Georgia in Moss v. Hudson & Marshall, Inc., 267 Ga. App. 322 (Ga. Ct. App. 2004) stated that, in an auction where the owner of property reserves right to accept or reject bid, a contract to sell is formed only after the owner of property accepts the bid. The court also found that in cases where a party witness’ affidavit and deposition testimony were contradictory ...
In Auction Sales where the Seller Expressly Reserves Right To Approve The High Bid, the Fall of Auctioneer's Hammer Merely Ends the Bidding and an Enforceable Contract is not Formed
The Court of Appeal of Georgia held in Cuba v. Hudson & Marshall, 213 Ga. App. 639 (Ga. Ct. App. 1994) that the fall of the auctioneer's hammer merely ends the bidding in an auction where the seller reserves the right to approve high bid. An enforceable contract is not formed in such cases. This case involved an auction sale of real property conducted by the auctioneers on be...
When an Auction Company Violates a Duty Resulting in Harm And Damages to a Georgia Auctioneer s/he Can Recover damages in Tort from the Company
The Court of Appeal of Georgia held in Morris v. Gavin, Inc., 268 Ga. App. 771 (Ga. Ct. App. 2004) that the auctioneer, in order to recover from the auction company or its principal for tortious conduct, had to show that the auction company violated a duty which they had towards auctioneer and which harmed auctioneer and resulted in damages. The auctioneer in this case could not prove t...
Georgia Auctioneers; Rules and Regulations
Title 43. Professions and Businesses (Refs & Annos) Chapter 6. Auctioneers (Refs & Annos) § 43-6-1. Definitions § 43-6-2. Georgia Auctioneers Commission; creation, composition, membership § 43-6-3. Organization, meetings § 43-6-4. Reimbursement for expenses § 43-6-6. Seal § 43-6-7. Rules and regulations § 43-6-1. Definitions As used in this chapt...
When Sale of Auction Lot Final Georgia
Title 11. Commercial Code (Refs & Annos) Article 2. Sales (Refs & Annos) Part 3. General Obligation and Construction of Contract § 11-2-328. 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 so announces by the fall of the hammer or in other customary manner. Where...
Items 1 - 7 of 7
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Items 1 - 7 of 7
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