South Dakota Auction and Auctioneer Laws
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Items 1 - 9 of 9
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When an Auction Sale is not declared “Without Reserve,” the General rule is that a Seller or an Auctioneer can Withdraw Goods from Sale at any time before the Auctioneer Accepts the Bid and Announces Completion of Sale
In Equitable Life Assurance Society of the United States v First National Bank, 602 N.W.2d 291 (S.D. 1999), the Supreme Court of South Dakota held that an auction sale that is not advertised as one "without reserve," should be presumed to be a sale with reserve. In an auction ‘with reserve’ the auctioneer may withdraw goods at any time until he announces completion...
South Dakota - Memorandum of Auctioneer/Clerk of Sale in Public Auction is Sufficient to Comply With the Statute of frauds Requirements
South Dakota Codified Laws Title 53. Contracts Chapter 53-8. Oral and Written Contracts SDCL § 53-8-4 53-8-4. Sales at public auction, memorandum of auctioneer, compliance with statute of frauds When a sale is made by public auction of any real or personal property, an entry by the auctioneer, or actual clerk of the sale, in his sale book at the time of the sale, of the kind of property ...
Municipality’s Power to License, Regulate, and Tax Auctioneers – South Dakota Law
South Dakota Codified Laws Title 9. Municipal Government Chapter 9-34. Trade Regulation and Licenses 9-34-7. Transient merchants, auctioneers, and bankrupt stores Each municipality may license, tax, and regulate transient merchants, auctioneers, transient, bankrupt, and auction stores, and stores of like nature, gift enterprises, and any business or vocation of like character. However, the mun...
Procedures Applicable to Reverse Auctions in South Dakota
South Dakota Codified Laws Title 5. Public Property, Purchases and Contracts Chapter 5-18A. Public Agency Procurement--General Provisions (Refs & Annos) 5-18A-40. Procedures applicable to reverse auctions The following procedures apply to the use of an online reverse auction: (1) The purchasing agency shall pre-qualify bidders to participate in the reverse auction event. The pre-qualifica...
Regulation of Auction Sales in South Dakota
South Dakota Codified Laws Title 37. Trade Regulation Chapter 37-14. Auction Sales (Refs & Annos) 37-14-2. “New Merchandise” and “auction sale” defined “New merchandise,” as used in §§ 37-14-2 to 37-14-5, inclusive, means any merchandise not previously sold at retail. “Auction sale,” as used in this chapter means the offering ...
South Dakota Retail Sales and Service Tax -Allowable Deductions for Auctioneers
South Dakota Codified Laws Title 10. Taxation (Refs & Annos) Chapter 10-45. Retail Sales and Service Tax (Refs & Annos) 10-45-92. Allowable deductions for auctioneers In determining the amount of tax due under this chapter, auctioneers may deduct from gross receipts amounts which represent direct expense charges for clients for tangible personal property, any product transferred ...
South Dakota Law on Memorandum Binding Bidder and Seller
59-8-2. Memorandum binding both parties An auctioneer has authority from a bidder at the auction as well as from the seller to bind both by a memorandum wherever a written memorandum is required, by any statute or by usage, to make a valid contract of sale and such memorandum must be in the form and content prescribed. Cite as S.D. Codified Laws § 59-8-2
Limitations on Auctioneer’s Authority from Seller – South Dakota
South Dakota Codified Laws Title 59. Agency Chapter 59-8. Auctioneers 59-8-1. Authority from seller An auctioneer in the absence of special authorization or usage to the contrary, 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 such articles as are usually sold on credit at auction; (3) To warrant in like...
When Sale of Auction Lot Final South Dakota
South Dakota Codified Laws Title 57A. Uniform Commercial Code Chapter 57A-2. Sales (Refs & Annos) Part 3. General Obligation and Construction of Contract 57A-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 customa...
Items 1 - 9 of 9
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Items 1 - 9 of 9
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