Kansas Auction and Auctioneer Laws
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The State Under its Police Power can Regulate Auctions in Kansas but such power is Subordinate to Constitutional Limitations
The Supreme Court of Kansas in Gilbert v. Mathews, 186 Kan. 672 (Kan. 1960) held that the state under the guise of its police power cannot enact unequal, unreasonable, and oppressive legislation or that which is in violation of the fundamental law. The police power is wide in its scope and gives the legislature broad power to enact laws to promote the health, morals, security and welfare of ...
In an Auction Sale, if the Seller Reserves the Right to Approve the high bid, a Contract is Formed only after the Seller Approves the Bid
The Court of Appeals of Kansas in Money v. Fort Hays State Univ. Endowment Ass'n, 31 Kan. App. 2d 322 (2003) held that, if the seller in an auction sale reserves the right to reject or approve the high bid, an auction sale is not consummated until the seller approves/accepts the bid. When there is no approval on seller’s part, no contract is formed. The Court furthe...
An Auction Where Seller Reserves Right to Accept or Reject Bids after the Close of Bidding is a Conditional Auction
In Young v. Hefton, 38 Kan. App. 2d 846 (Kan. Ct. App. 2007), the Kansas Court of Appeals discussed three types of auctions in answering the question as to whether or not a contract was formed at the end of the auction sale. The Court stated that an auction in which a seller reserves the right to accept or reject bids after the close of the bidding is a conditional auction. However, fo...
Kansas New Goods Public Auction Law
Chapter 58. Personal and Real Property Article 10. New Goods Public Auction Law 58-1014. Legislative findings The legislature finds: (a) There are greater opportunities for deception and fraud in public auction sales of new goods, wares and merchandise by itinerant merchants than in public auction sales of new goods, wares and merchandise by established places of business; (b) that itinerant ...
When Sale of Auction Lot Final Kansas
Chapter 84. Uniform Commercial Code (Refs & Annos) Article 2. Sales (Refs & Annos) Part 3. General Obligation and Construction of Contract 84-2-328. 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. Wh...
Items 1 - 5 of 5
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Items 1 - 5 of 5
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