When Sale of Auction Lot Final Montana

Montana Code Annotated 
Title 30. Trade and Commerce (Refs & Annos)
Chapter 11. Sales
Part 5. Auction Sales and Auctioneers
30-11-516. Powers of cities and towns
30-11-502. Sale by auction
30-11-503. Sale under written conditions
30-11-504. Auctioneer's memorandum of sale
30-11-505. Book of sales
30-11-506. Auctioneer's authority from the seller
30-11-507. Auctioneer's authority from the bidder
30-11-508. Auctioneer--authority and bond
30-11-509. Reciprocal privileges to nonresident auctioneers
30-11-510. Bond and sureties--approval--filing
30-11-511. Auctioneers ex officio
30-11-512. Assistant--who may act and when
30-11-513. Auctioneers to designate one place of business--partners
30-11-514. Penalty
30-11-515. Enforcement
30-11-501. Sale by auction defined

30-11-501. Sale by auction defined

A sale by auction is a sale by public outcry to the highest bidder on the spot.

30-11-502. Sale by auction

 (1) In a sale by auction of goods by lot, each lot is the subject of a separate sale.
(2) A sale by auction is complete when the auctioneer announces the sale by the fall of the hammer or other customary manner. When a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer may reopen the bidding or declare the goods sold under the bid on which the hammer was falling.
(3) An auction sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve, the auctioneer may withdraw the goods at any time until the auctioneer announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless a bid is not made within a reasonable time. In either case a bidder may retract a bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.
(4) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures a bid and notice has not been given that liberty for the bidding is reserved, the buyer may avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection does not apply to any bid at a forced sale.

30-11-503. Sale under written conditions

When a sale by auction is made upon written or printed conditions, those conditions cannot be modified by any oral declaration of the auctioneer except those for the auctioneer's own protection.

30-11-504. Auctioneer's memorandum of sale

When property is sold by auction, an entry made by the auctioneer in the sale book at the time of the sale specifying the name of the person for whom the auctioneer sells, the thing sold, the price, the terms of sale, and the name of the buyer binds both the parties in the same manner as if made by the parties.

30-11-505. Book of sales

(1) Each auctioneer must keep a book and enter all sales showing the name of the owner of the goods sold, to whom sold, the amount paid, and the date of each sale.
(2) The book must be open for inspection by interested persons during normal business hours.

30-11-506. Auctioneer's authority from the seller

An auctioneer, in the absence of special authority or usage, has authority from the seller only as follows:
(1) to sell by public auction to the highest bidder;
(2) to sell for cash only, except for articles usually sold on credit at auction;
(3) to warrant as an agent pursuant to 28-10-421;
(4) to prescribe reasonable rules and terms of sale;
(5) to deliver the thing sold upon payment of the price;
(6) to collect the price; and
(7) to do whatever else is necessary, proper, and usual in the ordinary course of business for effecting these purposes

30-11-507. Auctioneer's authority from the bidder

An auctioneer has authority from a bidder at the auction, as well as from the seller, to bind both by a memorandum of sale as prescribed in 30-11-504.

30-11-508. Auctioneer--authority and bond

A citizen of this state may become an auctioneer and be authorized to sell real or personal property at public auction in any county in this state after giving a bond in accordance with the provisions of this part for the faithful performance of the citizen's duties.

30-11-509. Reciprocal privileges to nonresident auctioneers

The residency requirements required by this state for an auctioneer are waived for the citizens of any other state to the same extent that the home state of the applicant waives residency requirements for the citizens of this state.

30-11-510. Bond and sureties--approval--filing

(1) Bond must be payable to the state, with one or more sureties, in the sum of $5,000 and approved by the county clerk of the county in which the auctioneer resides and filed in the clerk's office.
(2) If the auctioneer is not a resident, the bond must be filed with the county clerk of the county of this state in which the auctioneer carries on the auctioneer's principal auction business.

30-11-511. Auctioneers ex officio

(1) In any county without an auctioneer, the sheriff or a constable is ex officio auctioneer and is permitted to sell any property at public auction.
(2) The sheriff or constable is liable on the sheriff's or constable's official bond for any delinquency as the ex officio auctioneer.

30-11-512. Assistant--who may act and when

(1) An auctioneer, in the event of inability to attend an auction by reason of sickness, the performance of a duty imposed by law, or during a temporary absence from the city or county within which the individual is auctioneer, may employ an agent or employee to hold the auction in the auctioneer's name and behalf.
(2) The employee shall file with the county clerk of the county an affidavit swearing to faithfully perform the duties of auctioneer.
(3) An auctioneer may employ a crier at any sale, for whose acts the auctioneer is responsible.

30-11-513. Auctioneers to designate one place of business--partners

(1) An auctioneer shall designate in writing with the county clerk one place at which the auctioneer will conduct auctions within any city.
(2) The auctioneer shall designate in the same document any partners in the business.
(3) The auctioneer may not offer goods for sale at a place other than that designated unless the goods are in their original packages, are bulky and usually sold in warehouses, or are usually sold on public streets.

30-11-514. Penalty

A person convicted of violating a provision of this part shall be fined no more than $500 or imprisoned in the county jail for a term not to exceed 6 months, or both. In addition the person shall be liable for damages incurred by any aggrieved party by reason of the violation.

30-11-515. Enforcement

The provisions of this part must be enforced by the county attorney of the county in which the violation occurred.

30-11-516. Powers of cities and towns

Towns and cities may tax, license, and regulate persons, firms, associations, corporations, or other legal entities engaging in or desiring to engage in public auctions and may require a license and charge a fee there for. Towns and cities may provide penalties for violations of the requirements.

Mont. Code Ann. §§ 30-11-501 - 30-11-516