2018 New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 2 - Sales
Section 55-2-328 - 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 manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.
(3) Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.
(4) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale.
History: 1953 Comp., § 50A-2-328, enacted by Laws 1961, ch. 96, § 2-328.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
Prior uniform statutory provision. — Section 21, Uniform Sales Act.
Changes. — Completely rewritten.
Purposes of changes. — To make it clear that:
1. The auctioneer may in his discretion either reopen the bidding or close the sale on the bid on which the hammer was falling when a bid is made at that moment. The recognition of a bid of this kind by the auctioneer in his discretion does not mean a closing in favor of such a bidder, but only that the bid has been accepted as a continuation of the bidding. If recognized, such a bid discharges the bid on which the hammer was falling when it was made.
2. An auction "with reserve" is the normal procedure. The crucial point, however, for determining the nature of an auction is the "putting up" of the goods. This article accepts the view that the goods may be withdrawn before they are actually "put up," regardless of whether the auction is advertised as one without reserve, without liability on the part of the auction announcer to persons who are present. This is subject to any peculiar facts which might bring the case within the "firm offer" principle of this article, but an offer to persons generally would require unmistakable language in order to fall within that section. The prior announcement of the nature of the auction either as with reserve or without reserve will, however, enter as an "explicit term" in the "putting up" of the goods and conduct thereafter must be governed accordingly. The present section continues the prior rule permitting withdrawal of bids in auctions both with and without reserve; and the rule is made explicit that the retraction of a bid does not revive a prior bid.
Cross reference. — Point 2: Section 2-205.
"Buyer". Section 2-103.
"Good faith". Section 1-201.
"Goods". Section 2-105.
"Lot". Section 2-105.
"Notice". Section 1-201.
"Sale". Section 2-106.
"Seller". Section 2-103.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Implied authority of auctioneer to receive payment for commodities which he is authorized to sell, 8 A.L.R. 227, 105 A.L.R. 718.
Modes of making and accepting bids at auctions, 11 A.L.R. 543.
Advertisements of property offered at auction as affecting rights of purchaser, 28 A.L.R. 991, 158 A.L.R. 1413.
Regulations affecting auctions or auctioneers, 31 A.L.R. 299, 39 A.L.R 773, 111 A.L.R. 473.
By-bidding or puffing, effect on auction sale, 46 A.L.R. 122.
Title to goods, as between purchaser from, and one who entrusted them to auctioneer, 36 A.L.R.2d 1362.
Withdrawal of property from auction sale, 37 A.L.R.2d 1049.
Liability of auctioneer, 80 A.L.R.2d 1237.
Liability of defaulting purchaser to auctioneer, 30 A.L.R.3d 1395.
Auction sales under UCC § 2-328, 44 A.L.R.4th 110.
7 C.J.S. Auctions and Auctioneers §§ 8 to 20.
