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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?
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.
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 buyers 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.
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