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rules.txt
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1993-09-06
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Playing By The Rules
Government auctions may differ slightly from one to
another, but here's the basic idea: the day of the
auction, you register by providing your name and address
and obtaining a bidding number. You'll be able to get a
copy of the auction rules and a catalog of the items for
sale.
Some auctions are "oral" and follow traditional
bidding methods. The auctioneer offers each item or
"lot" a group of items) for bids and sells the
merchandise to the highest bidder. Once the bidding
starts, don't worry about making unwanted purchases.
Only in the movies do you make the winning bid with a
careless head scratch.
"Spot" auctions are similar to oral auctions, except
that bids are written. In some cases, sales will be made
by sealed bids, which must be handed in to the sales
office by a certain time and date.
Some auction items have "reserve" clauses. This
means that a seller can reject the highest bid and pull
it from the auction block (usually when he considers all
the bids too low). At some auctions, properties won't be
sold unless a minimum bid is placed; other auctions are
"absolute;" an item is sold to the highest bidder no
matter how low the bid is. In either case, expect to pay
a "buyer's premium" of 3% to 10% immediately after the
close of the bidding. At that point, you'll sign a
purchase agreement and be given a certain time period to
raise the money and close the sale.
If you have the winning bid, terms of payment will
vary. Sometimes, Visa or MasterCard will be accepted.
(Private auctioneers may accept American Express,
particularly at art or antiques auctions.) Other
auctions might require cash, money orders, traveler's
checks, cashier's checks, certified checks, credit union
checks, or personal checks backed by a bank letter of
credit. Try to find out what will be required before
going to the auction.
In the FDIC-RTC auction of office furniture
mentioned above, the ad state, "Terms: Cash, certified or
bank check only." So that's what you would have brought.
The ad went on to state, "Everything 'As Is', 'Where Is'.
Trucker on premises for deliver." So if you did not have
your own means of transportation, you could hire the on-
premises firm.
Typically, all items are sold without guarantees,
even though you're buying from the government. Sometimes
the sales catalog or the auctioneer will point out known
discrepancies or defects. But don't count on it. If at
all possible, inspect the goods before buying. Sales
notices or brochures or catalogs will often list the
times and dates for inspection. After you inspect items,
check on their retail value. You don't want to pay more
at auction than you would at a store.
Before you can take possession of your purchase,
you'll likely have to pay for it in full. In most cases,
there will be a limit to the length of time you can leave
your property at the auction site. If you don't fulfill
your part of the auction contract, you may have to pay a
20% penalty. On the other hand, if you do pay in full,
on time, you'll get a bill of sale. If you buy a
vehicle, you'll receive a "certificate of sale" that will
enable you to obtain a valid title from the state.
Real estate auctions may have special rules on
financing. In some cases, you'll have a two-week
"recision" period, but in other cases you won't be able
to change your mind. Some auctions will offer an escape
clause if you can't get a loan to help you buy the
property, but sometimes there's no way out.
Often, the auctioneer will require that you make a
security deposit using a bank check or a certified check.
Before you present a security deposit, make sure you'll
get a refund if you don't show up or if you don't buy any
properties.
After you get a number for bidding, you'll need to
get more money -- you may need cashier's checks or
certified checks to get in the door. You'll need those
checks in case your bid is the winner.
In many cases, the required deposit will be 10% of
the winning bid. If you decide you are ready to bid up
to $100,000 for a property, you should bring $10,000
worth of checks. Split that amount into several checks,
perhaps one $5,000 and five $1,000 checks. Then you can
use the exact amount you need and return the unused
checks to the bank. The checks should be made payable to
yourself so you can endorse them if necessary.