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When there is no Direct Causal Link Between an Injury-Producing Product and an Auctioneer’s Role in the Product's Distribution, a Commercial Car Auctioneer is not a Seller Under Arizona’s Product Liability Law
The Arizona Court of Appeals in Antone v. Greater Ariz. Auto Auction, Inc., 214 Ariz. 550 (Ariz. Ct. App. 2007), held that an auctioneer involved in the sale of a commercial vehicle cannot be considered “seller” under the Arizona product liability law because the auctioneer in this case neither participated in the process by which the product reached the purchaser nor did he control th...
Rights to the successful bidder for auction sales involving properties subject to deed of trust are determined by statutes governing deeds of trust and not common law
In BT Capital, LLC v. T.D. Serv. Co. of Ariz., 229 Ariz. 299, 301 (Ariz. 2012), the court held that in cases where the sale is not deemed as complete, then for auction sales involving properties subject to deed of trust, the plaintiff's rights are determined by the statutes governing deeds of trust and not the common law. In this case the bidder filed a lawsuit against the trustee and the trus...
The rationale for whether the bidding process is chilled or not
In Campana v. Arizona State Land Dep't, 176 Ariz. 288, 291-92, 860 P.2d 1341, 1344-45 (Ct. App. 1993), the Petitioner Campana instituted a special action to contest the auctions by respondents, Commissioner of the Arizona State Land Department and real party in interest developer, claiming that the auctions were unfair because they sought a master bidder with the resources to install the neces...
Arizona Mock Auction Law
Arizona Revised Statutes Annotated Title 44. Trade and Commerce Chapter 9. Trade Practices Generally (Refs & Annos) Article 2. Miscellaneous Fraudulent Practices (Refs & Annos) § 44-1218. Fraudulent or mock auction; classification; forfeiture of license and disqualification of auctioneer A. A person who obtains money or property from another, or obtains the signature of another t...
When Sale of Auction Lot Final Arizona
Arizona Statutes Title 47. Uniform Commercial Code Chapter 2. SALES Article 3. General Obligation and Construction of Contract Current through L. 2013, ch.256 § 47-2328. Sale by auction A. In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. B. A sale by auction is complete when the auctioneer so announces by...
Reserve and Without Reserve Auctions in Arizona
Arizona Statutes Title 47. Uniform Commercial Code Chapter 2. SALES Article 3. General Obligation and Construction of Contract Current through L. 2013, ch.256 § 47-2328. Sale by auction A. In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. B. A sale by auction is complete when the auctioneer so announces by...
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