Georgia Auction Laws

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An Auctioneer/Auction Company that Auctions Property on Behalf of a Principal Who Has no Title is Held Liable For Conversion

The Georgia Court of Appeals of Third Division held in Deere & Co. v. Miller-Godley Auction Co., 249 Ga. App. 797 (Ga. Ct. App. 2001) that an auction company/auctioneer who sells property on behalf of a principal having...

Bidders are Bound by Organizational Disclaimers That are not Deceptive and that do not Violate Public Policy

The Georgia Court of Appeals in Wright v. Safari Club Int'l, Inc., 322 Ga. App. 486 (Ga. Ct. App. 2013) held that disclaimers are enforceable under Georgia law if they do not violate public policy. This case related to a...

Georgia Auctioneers; Rules and Regulations

Title 43. Professions and Businesses (Refs & Annos) Chapter 6. Auctioneers (Refs & Annos) § 43-6-1. Definitions § 43-6-2. Georgia Auctioneers Commission; creation, composition, membership § 43-6-3. Organization, meetings...

In Auction Sales where the Seller Expressly Reserves Right To Approve The High Bid, the Fall of Auctioneer's Hammer Merely Ends the Bidding and an Enforceable Contract is not Formed

The Court of Appeal of Georgia held in Cuba v. Hudson & Marshall, 213 Ga. App. 639 (Ga. Ct. App. 1994) that the fall of the auctioneer's hammer merely ends the bidding in an auction where the seller reserves the right to...

In an Auction Where Seller Reserves the Right to Accept or Reject Bid, a Contract to Sell is Formed Only After the Seller Accepts Bid

The Court of Appeal of Georgia in Moss v. Hudson & Marshall, Inc., 267 Ga. App. 322 (Ga. Ct. App. 2004) stated that, in an auction where the owner of property reserves right to accept or reject bid, a contract to sell is...

When Sale of Auction Lot Final Georgia

Title 11. Commercial Code (Refs & Annos) Article 2. Sales (Refs & Annos) Part 3. General Obligation and Construction of Contract § 11-2-328. Sale by auction (1) In a sale by auction if goods are put up in lots each lot i...

When an Auction Company Violates a Duty Resulting in Harm And Damages to a Georgia Auctioneer s/he Can Recover damages in Tort from the Company

The Court of Appeal of Georgia held in Morris v. Gavin, Inc., 268 Ga. App. 771 (Ga. Ct. App. 2004) that the auctioneer, in order to recover from the auction company or its principal for tortious conduct, had to show that...