Nebraska Uniform Commercial Code 2-328

UCC 2-328

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In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time.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.

Source

  • Laws 1963, c. 544, Art. II, § 2-328, p. 1732.

Annotations

  • Subsections (2) and (3) of this section do not apply to judicial sales. Commercial Fed. Sav. & Loan v. ABA Corp., 230 Neb. 317, 431 N.W.2d 613 (1988).

  • Sales of goods at public auction with and without reserve are governed by this statute. Benson v. Ruggles and Burtch v. Benson, 208 Neb. 330, 303 N.W.2d 496 (1981).

  • COMMENT

  • 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 or her 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 or her 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.

  • Definitional Cross References:

  • "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.