search listings | list | classroom | resources | site map | contact | my listings


What Is A Real Estate Auction?
A real estate auction works in much the same way as any other type of auction. Whether it is an auction of a property owned by the seller, or a government auction of repossessed or foreclosed property, an auction is an excellent way of selling and buying property quickly with great potential for getting a great deal. Often a prime reason for choosing to sell or buy a property in an auction is the flexibility of the market.

Fundamentals
Graduate Study
Mortgage 101
Investments 101
 
 
 
  > Class Topics
• Buyers' Corner
• Sellers' Corner
  >Auctions
• Enviro-Info
• Agency Relationship
• Other Topics
• Dictionary of Terms





 
 
   
  How are real estate auctions carried out?

There are generally three types of auction used in a real estate situation. They are:

  • Absolute Auction – The property is sold to the highest bidder regardless of the price (no reserve).
  • Minimum Bid Auction – An auction performed at an announced minimum price, which is stated before the auction commences.
  • Reserve Auction – An auction where the minimum bid is not published, but the seller privately determines a minimum bid which he is willing to accept on the property (reserve). The auction goes through as if without a minimum price, but if the unannounced reserve is not met, there is no winning bidder for that auction and no one receives the property.

The methods by which these auctions are performed can vary depending on the type of property and the venue in which the seller prefers to present his property. These can include:

  • Sealed Bid – Bids are mailed in to the specified location prior to the opening time of bidding. Bids are not modifiable after they bidding has opened, and the property is awarded to the highest bidder. The trick to this type of auction is that a bidder cannot see the amount of any of the other bids, and has no way of knowing whether or not he has won until after the auction has ended.
  • Public Auction – The most recognizable form of auction, where a bidder registers and brings the bid deposit to the auction. Bidders make their offers in the presence of an auctioneer until the bidding stops and the highest bidder is awarded the property.
  • Auction by Mail – A bid deposit is mailed to the appropriate office and bidders are allowed to increase their bids by mail, e-mail, fax, on-line, or in person. The auction lasts a few days and the high bidder is awarded the property when bidding stops.
  • On-line Auction – The bidding system whereby all activities take place online and the highest bidder is awarded the property.

Depending on the type of auction and the preferences of the seller, the auction type used in any situation could be any combination of these, and it is important to find out what kind of auction best fits your preferences before auctioning or bidding on a property.

Why participate in a real estate auction?

Often a buyer tends to assume that if a property is up for auction instead of being sold in the regular real estate market, there is a defect or something about the property that the seller believes will hurt his sale or does not wish to disclose. In reality, this is often untrue – a legitimate auction is not arranged to swindle an informed buyer, and can be an excellent way to sell a property quickly and efficiently, regardless of the state of the property. Government auctions often include perfectly good property that has been seized or foreclosed upon, and can be excellent markets for the thrifty buyer who does his research on the property and knows what he is purchasing.

If you are an investor trying to sell your property quickly and do not necessarily care for what price it sells, auctioning it off may be the avenue you wish to take. However, whether buying or selling in an auction, it is important to know the market so that the transaction is favorable to all parties involved. If you are a seller, an auction can expose your property to a number of buyers who are prepared to offer a fair price for the property. As a buyer, you can enter a market where you are likely to encounter many sellers who are ready and willing to commit to sell their property quickly and fairly.

All real estate is salable by auction. However, not all real estate is well suited for auction – if it does not appeal to a broad market, it may not be profitable to try to auction your property.

How do I perform an auction?

  • When Selling:

Setting up the Auction – the first step in auctioning off a property is to consult legal and real estate counsels to make sure that the proper procedures will be followed in the auction. This may require that a real estate auction service be contacted or that parties be hired to help you conduct your property auction. Setting up an auction includes deciding what type of auction to perform and how long it will run, estimating the value of the property, and determining where you wish to advertise your auction.

Performing the Auction – As a seller, once you have put your property up for auction (especially if you are working through a property auction service), most of your work is done. However, an auction requires careful monitoring and it is important to stay involved and informed about all offers made on your property, just as if you were selling a property through another type of market. It is also important to make sure that the winning bidder in your auction is notified in a timely manner, so the transaction can be completed as quickly as possible.

After the Auction – Since a winning bid on an auction is not a legally binding contract, once a winning bid has been accepted, you must make sure that the proper legal channels are followed to transfer ownership of your property to the winning party. This will probably again require legal and real estate counsel, and direct correspondence with the winning bidder on your property.

  • When Buying:

Registering - The first step in performing an auction is to register to bid in whatever venue the auction requires. This may require a bid deposit or some other form of registration. Every auction has Terms of Sale, which an investor should read and understand before registering to bid.

Knowing Your Property - Many property auctions are held on-site to allow buyers to look at the property they will be bidding on. However, some auctions are held online, with no chance for the buyer to inspect the property. The properties available for auction often include homes, condominiums, commercial buildings, operating businesses, and undeveloped land. It is important for a bidder to find out everything he can about a property before placing a bid.

Bidding – After registration of all the bidders is completed, the auction will be carried out and the bidding progress under whatever terms the seller has specified. A buyer must enter his bid in whatever way the auction requires, whether it is by mail, online, or in person. Some auctions allow a bidder to send a representative to the auction by the signing over of a temporary notarized Power of Attorney. When making a bid at an auction, it is important to know that a bid can usually be retracted before the auction ends (the order "sold" goes through). However, the retraction of a bid does not revive any previous bids – the bidding will progress as though the retracted bid was still valid.

Winning – The winning bidder at an auction will be notified through whatever medium is specified by that particular auction. The way in which money exchanges hands depends on the terms of sale set up by the seller in the auction; sometimes an auction may require the winning bidder to pay a buyer’s premium, which is an amount of money in addition to the winning bid that the buyer must pay. This premium is always disclosed before the start of the auction.

After the Auction – A winning bid at an auction is not a legal binding agreement or a contract – as with any real estate sale, a written memorandum is required to make the contract enforceable for the winning bidder. This means that both buyers and sellers should have good legal and real estate counsel and be knowledgeable about the procedures to follow when auctioning or bidding on properties.

 

Buying Property at Government Auctions

Government property auctions operate similarly to private property auctions, but on a larger scale. Many different types of properties are sold side-by-side, with thousands of properties ranging from undeveloped land to houses to office complexes available all over the country. The government conducts auctions both on-site and online, depending on the type of property. Government auctions tend to be stricter with regards to deposits and closing times, but the procedures for registering and bidding on government property auctions are essentially the same as for any other auction. It is possible to find good deals on many types of property through the Department of the Treasury and other government organizations, both locally and throughout the country.

 

 
         

© 2002-2003 PropEx - All Rights Reserved
Propex Services, LLC  46 Orchard Street  Asheville NC  828-252-3040