Missouri Auction and Auctioneer Laws
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Items 1 - 7 of 7
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In an Auction Sale Where all Items are not subject to the Same Condition, a Condition to be Properly Imposed on a Specific Item Should Explicitly State the Condition/s and Identify the item/s that are Subject to those Condition/s
The Missouri Court of Appeals in Coleman v. Duncan, 540 S.W.2d 935 (Mo. Ct. App. 1976) stated that, in heterogeneous auction sales, a condition can be properly applied on a particular item only if it is explicitly imposed on the item on which it is sought to be imposed. This case involved disputes relating to the conditions that applied to D-7 tractor (one among the approximate 200 i...
An Auctioneer is not Responsible for Implied Warranty of Title of an Item Sold at Auction only if s/he Discloses the Name of his/her Principal at the Time of Sale
In Universal C.I.T. Credit Corp. v. State Farm Mut. Auto. Ins. Co., 493 S.W.2d 385 (Mo. Ct. App. 1973), the court discussed if the auctioneer is responsible for the warranty of title of an item sold at auction. The Missouri Court of Appeals held that, according to the Missouri common law and the law in general, an auctioneer involved in an auction sale is deemed to be liable as a seller and has th...
Generally, an Agent or Broker in a Real Estate Auction is Entitled to his Commission Once he has Produced a Purchaser Ready, Willing, and able to buy on the Terms Proposed by the Vendor
Missouri Court of Appeals, Western District in Byrd v. Wilson Trust, 182 S.W.3d 701 (2006 Missouri) held that a broker in a real estate auction is entitled to his commission upon producing a buyer ready, willing, and able to purchase the real estate on terms agreeable to the seller; provided there is no "express stipulation" in the contract indicating a contrary intent. In this c...
Missouri Law Imposition of Tax or License Fee on an Auctioneer who Follows the Profession for Livelihood is Prohibited
Vernon's Annotated Missouri Statutes Title VII. Cities, Towns and Villages Chapter 71. Provisions Relative to All Cities and Towns (Refs & Annos) Taxing Powers 71.620. Imposition of tax or license fee on certain professions prohibited--imposition of tax or fee prohibited unless business office maintained 1. Hereafter no person following for a livelihood the profession or calling of mi...
Trustee’s Power to Regulate Auctioneers in Missouri
Vernon's Annotated Missouri Statutes Title VII. Cities, Towns and Villages Chapter 80. Towns and Villages (Refs & Annos) Organization--Board of Trustees (Refs & Annos) 80.090. Trustees--power to pass certain ordinances Such board of trustees shall have power: (1) To pass bylaws and ordinances to prevent and remove nuisances; (2) To prevent, restrain and suppress bawdy-houses, ga...
When Sale of Auction Lot Final Missouri
Vernon's Annotated Missouri Statutes Title XXVI. Trade and Commerce (Refs & Annos) Chapter 400. Uniform Commercial Code (Refs & Annos) Article 2. Sales (Refs & Annos) Part 3. General Obligation and Construction of Contract 400.2-328. Sale by auction (1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (2) A sale by auction is compl...
No Court Order Required to Auction Property of Estate
An Executor of an Estate is generally enquired to sell personal property to satisfy debts of the Estate before selling real estate. Absent exceptions, a Court Order is required to authorize the sale. However, if the Will of the deceased granted powers to the Executor to Sell property of the Estate then no Court Order is required. Although this is the generally accepted rule somet...
Items 1 - 7 of 7
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Items 1 - 7 of 7
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