Louisiana Auction and Auctioneer Laws
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Items 1 - 5 of 5
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In a Summary Judgment Proceeding Related to a Redhibition Suit, the Purchaser Has to Prove that the Item Purchased at Auction was Subject to Redhibitory Defect.
In a redhibition suit summary judgment proceeding, the purchaser has the burden of proving the existence of a redhibitory defect in the item purchased. Louisiana First Circuit Court of Appeals in Berman Daferner, Inc. v. Causey, 723 So. 2d 467 (1998) reversed the trial court’s judgment granting summary judgment in Plaintiff purchaser’s favor because the purchaser failed to show t...
A Successful Bidder at a Sheriff’s Sale has no Action in Tort Against Another Bidder Whose Act was not the Cause-in-fact of the Successful Bidder’s Purchase at Whatever Price he Bid
The Third Circuit Court of Appeals of Louisiana in Aymond v. Rabalais, 657 So. 2d 165 (1995), held that a bidder in a Sheriff’s sale owed a duty, if any, only to the Sheriff, to comply with the Sheriff’s ground rules for bidding. The bidder did not owe any such duty to another bidder. The Court in this case held that the successful bidder has failed to state cause of action...
La. R.S. 37:3132 is not Violated when an Auctioneer does not Knowingly Misrepresent the facts or the Quality of the Products Offered for Sale at Auction
In Slaughter v. Guinn, 571 So. 2d 876, 879 (La.App. 3 Cir. 1990), the Third Circuit Court of Appeals of Louisiana held that an auctioneer has not violated La. R.S. 37:3132 when s/he does not deliberately misrepresent the facts or quality of any merchandise offered for auction sale. This case involved an auction sale in which the Plaintiff buyer, Steve Slaughter (“Plaintiff”) pu...
Reverse Auctions in Louisiana
Title 34. Government Contracts, Procurement and Property Control Part I. Purchasing Subpart 1. Central Purchasing Procedures Chapter 6. Reverse Auctions § 601. Definition § 603. Application § 605. Addenda Modifying a Reverse Auction § 607. Price Submittals § 609. Withdrawal of Bids § 611. Tie Bids § 613. Rejected Bids § 615. Public Viewing of Auct...
Auction Sales in Louisiana
Louisiana Revised Statutes Title 9. Civil Code Ancillaries Code Book III. Of the Different Modes of Acquiring the Ownership of Things Code Title VII. Sale Chapter 6. Auction Sales, Judicial Sales, and Expropriation (Refs & Annos) Part I. Auction Sales § 3151. Sale by auction, definition § 3152. Voluntary or forced sale § 3153. Auction sale by officers of justice § ...
Items 1 - 5 of 5
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Items 1 - 5 of 5
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