SELLER shall be liable for the following expenses: The seller shall pay the auctioneer within 3 days after the sale with cash or certified check. SELLER shall cooperate with the interests of auctioneer in discharging seller’s duties under this agreement, and shall refrain from all acts that would interfere with auctioneer in performing the auctioneer’s duties.ĪUCTIONEER shall receive _ on property sold and _ percent on unsold property. (f) SELLER may require auctioneer to resubmit seller’s property to competitive bidding if a dispute arises to any bid. (e) SELLER may reject or confirm bids, except that seller’s property shall be sold to the highest bidder, subject to the terms of this agreement. (c) Payment for property can only made with cash, cashier’s or certified check, credit card or by letter of credit from a bank which is reasonably acceptable to SELLER. (b) SELLER may warranty his property as quality or description as may the seller deem appropriate. Property withdrawn will be subject to unsold commission. (a) SELLER may withdraw any property before the time of sale. If seller, does not pick up the unsold property with 5 days the AUCTIONEER shall store the property at the seller’s expense.ĪUCTIONEER may sign any memorandum of sale and receive any deposit from any buyer on behalf of the seller in connection with the sale.ĪUCTIONEER is prohibited from giving any warranty as to quality or description of seller’s property.ĪUCTIONEER accepts the terms of this agreement and will perform the auction sale to the best of his or her ability. SELLER shall have 7 days after receiving notice of the unsold property. (i) At the completion of the sale the auctioneer will provide the seller a list of seller’s property sold and unsold, along with the sale price. SELLER shall notify the auctioneer, in writing, of the property to be insured, and for negotiating any settlement, payment, cancellation, or reformation with the insurer. (h) AUCTIONEER shall purchase all risk for seller’s property after delivery by seller to the place of sale. (g) AUCTIONEER shall collect from each buyer at the auction sale 10% percent of the purchase price immediately after the sale is consummated, and shall have each buyer sign a memorandum of sale. However the auctioneer does not guarantee a sale and auctioneer is not responsible in the event seller and or any buyer at the auction sale fails to pay as agreed concerning any property to be auctioned, or in the event of nondelivery of property by seller to any such buyer. (f) AUCTIONEER shall conduct the auction to the best of his or her ability. (e) AUCTIONEER shall represent and conduct the action sale as an auction with reserve. (d) AUCTIONEER shall employ help reasonably necessary to carry out the sale and delivery of seller’s property to buyers of such property at the auction sale. (c) SELLER shall deliver to the auctioneer the items for sale no later than 7 days before the sale, and seller shall bear all risk of loss of or damage to the property not caused by the auctioneer’s fault or negligence or as the case may be.
(b) Auctioneer shall cause the auction be advertised in the _ Newspaper no fewer than 3 times and at least 15 days before the sale.
(a) AUCTIONEER shall have a catalog of seller’s property and shall distribute the catalog no fewer than 14 days before the auction and the catalog shall be in a manner which will interest all persons who might reasonably be interested in such sale and in the sales thereof. The auction shall be held at _, on _.ĪUCTIONEER shall carry out the following duties: SELLER employs AUCTIONEER to sell, at public auction, the property described in the attached Exhibit
_, referred to as SELLER, and _, referred to as AUCTIONEER, agree:
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