Nebraska Auction and Auctioneer Laws

Nebraska Auction and Auctioneer Laws.
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Items 1 - 4 of 4

An Auction is Presumed to be ‘with Reserve Auction’ when a Minimum Bid is Declared by Auctioneer

In Marten v. Staab, 4 Neb. App. 19, (Neb. Ct. App. 1995), the Nebraska Court of Appeals held that, in auctions where a minimum bid is declared by the auctioneer or owner of property we must presume that the auction is ‘with reserve.’ In such cases, the property is not to be sold via an absolute auction.  In this case, Plaintiff-Appellants (“Appellants”), estate repres...

Joint Responsibility of Auctioneer in Nebraska

Revised Statutes of Nebraska Annotated Chapter 77. Revenue and Taxation Article 27. Sales and Income Tax (b) Sales and Use Tax 77-2704.35. Agents treated as vendors; joint responsibility When the Tax Commissioner determines that it is necessary for the efficient administration of the Nebraska Revenue Act of 1967 to regard any salespersons, representatives, peddlers, canvassers, or auctioneers...

Liability of Auctioneer – Sale of Personal Property Subject to Security Interest in Nebraska

Revised Statutes of Nebraska Annotated Chapter 69. Personal Property Article 1. Security Interests 69-109.01. Security interest; personal property; sale by auctioneer; no liability under conditions specified. The auctioneer, who in good faith and without notice of a security interest therein, sells personal property at auction, which is in fact subject to a security interest, for a principal w...

When Sale of Auction Lot Final Nebraska

Revised Statutes of Nebraska Annotated Uniform Commercial Code (Refs & Annos) Article 2. Sales Part 3. General Obligation and Construction of Contract 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 complete when the auctioneer so announces by the fall of the hammer or in other customary mann...

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