California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 9 — Agency, Chapter 2 — Particular Agencies, Article 1 — Auctioneers, Section 2362

An auctioneer, in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows:

1. To sell by public auction to the highest bidder;

2. To sell for cash only, except such articles as are usually sold on credit at auction;

3. To warrant, in like manner with other agents to sell, according to Section 2323;

4. To prescribe reasonable rules and terms of sale;

5. To deliver the thing sold, upon payment of the price;

6. To collect the price; and,

7. To do whatever else is necessary, or proper and usual, in the ordinary course of business, for effecting these purposes.

Notes

Allows an auctioneer, absent special authorization or contrary usage, to sell publicly to the highest bidder, generally for cash, give permitted warranties, set reasonable sale terms, deliver upon payment, collect the price, and take usual necessary actions. Limits credit sales to articles ordinarily sold on credit at auction.

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