Idaho Auction and Auctioneer Laws
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Items 1 - 7 of 7
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In Cases Involving Public Auction Sale of Personal or Real Property, a Vendor may bring an Action for Damages or for Purchase Price Against a Purchaser who refuses to Comply with his bid or with the Terms of Sale
In State ex rel. Robins v. Clinger, 72 Idaho 222, (Idaho 1951), the Supreme Court of Idaho stated that a vendor in a public auction could maintain suit against a purchaser who refused to comply with the bid and make payment. The court stated that, when the respondent in this case stopped making payment of the purchase price and informed the Appellant that she would not carry out the contract...
In Idaho, Waiver/Estoppel Law Applies to Conversion Cases Involving Auctioneers
In Seaport Citizens Bank v. Dippel, 112 Idaho 736 (Idaho Ct. App. 1987), the Idaho Court of Appeals held that the waiver/estoppels law applies to conversion cases in which the auctioneers are involved. This case involved an action by plaintiff bank against defendant auctioneer for conversion of an auction sale proceeds in which the bank had security interests. After analyzing the eleme...
In Idaho, Oral Agreement Not To Bid at Public Auction is an Illegal and Unenforceable Restraint on Competition.
The Supreme Court of Idaho in Pines Grazing Ass'n v. Flying Joseph Ranch, LLC, 151 Idaho 924 (Idaho 2011) held that oral agreement not to bid constitutes illegal bid rigging under both Idaho Code (I.C. )§ 48-104 and Section 1 of the Sherman Act. Therefore, such oral agreements not to bid lacks enforceability. In Pines Grazing Ass'n, a Real Estate Purchase and Sale Agreement(&ld...
The Fact That a Land Sale Involves an Auction does not take it Outside the Statute of Frauds
The Supreme Court of Idaho held that the statute of frauds applies to auctions of land in the same manner as any other land transactions. The court found that there is no basis, on the face of the statute, for ignoring the statute of frauds in an auction context. In Wakelam v. Hagood, 151 Idaho 688 (Idaho 2011), involving a suit to enforce an auction sale, the Plaintiffs highest bidde...
Representation Agreement Signed by Property Owner That Includes or Contains Appropriate Provisions To Include all Terms Essential to a Land Sale Contract Does not Offend the Statute of Frauds
The Supreme Court of Idaho in Wakelam v. Hagood, 151 Idaho 688, 263 P.3d 742 (Idaho, 2011) held that an auctioneer’s representation agreement that was signed by the land owner, which included appropriate provisions to include all terms essential to land contract complies with the Statute of Frauds. The Supreme Court stated that “[a] writing must contain all necessary “condi...
Idaho Law on Public Auction Sale of Abandoned Property in Possession of Police Department
Idaho Code Annotated Title 55. Property in General Chapter 4. Personal Property § 55-403. Abandoned or unclaimed property in possession of sheriff or city police department--Sale at public auction (1) Except as otherwise provided in subsection (4) of this section, any personal property which has come into the possession or custody of the sheriff of any county in this state or the city pol...
When Sale of Auction Lot Final Idaho
Idaho Code Annotated Title 28. Commercial Transactions Chapter 2. Uniform Commercial Code--Sales Part 3. General Obligation and Construction of Contract § 28-2-328. 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 custom...
Items 1 - 7 of 7
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Items 1 - 7 of 7
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