I have asked myself this important question, often on Saturday morning reading the local paper. Why must these auction firms deceive the buyers? I am referring to the almighty phrase “Absolute Auction sold to the highest bidder over $275,000″ or “Absolute over 140,000″. The price is not the point here; it’s the misrepresentation of the method. Is it absolute or not? As a CAI (Certified Auctioneer Institute) graduate, I know as well as all others who have graduated with this prestigious degree that it is unethical and illegal to have a price restriction on an absolute auction sale. Many times when I discuss absolute auctions with my clients, they cannot believe how candid I am when they ask, “can we have a minimum bid and advertise an Absolute Auction?” I always say the same thing… NO! An absolute auction has no minimum price, the property will be sold to the highest bidder regardless of price with no reserve.
Please don’t get me wrong, I love absolute real estate auction sales as long as the property and the seller qualify for the program. The seller must have the desire (and ability) to sell the property regardless of the price. This does not mean the property will sell for a fraction of its value. As a matter of fact, an absolute auction will more than likely bring more money than if it was sold with a reserve price attached to it. Absolute auctions generally sell 10+% higher than other types of sales because they are attended by many more bidders than if the property had a reserve. Generally if you are interested in the property offered for absolute auction you will attend the sale. After all if it is truly an absolute sale all the buyers/bidders know the property will change hands that day, the property is going to sell, and they want the opportunity to buy it at their price on that day.
Getting back to a remedy for my brother auction companies, it is simple: Stop doing the easy stuff and call the sale what it is. Instead of “ABSOLUTE AUCTION OF BEAUTIFUL ESTATE HOME to the highest bidder over $478,000″ , just say Beautiful Estate Home to be sold to the highest bidder over $478,000. PLEASE stop misusing Absolute, as I have worked and continue to work very hard to have it mean something.
Here are what a few well-known sources of reliable information have to say about the topic:
Absolute Auction: an auction where the property is to be sold to the highest bidder, with no required minimum amount. The seller is not allowed to bid personally, or through an agent. This is also called a no-reserve auction. Source: Websters.com
Absolute Auction: an Auction in which the property is sold to the highest bidder regardless of the amount of the winning bid. Source: Answer.com
Absolute Auction: type of auction where the highest bidder acquires the item being auctioned (irrespective of the bid amount) and where the item does not have a reserve price below which it will not be sold. Source: BusinessDictionary.com
Absolute Auction: an auction where the property is sold to the highest qualified bidder with no limiting conditions or amount. The seller may not bid personally or through an agent. Also known as an auction without reserve. That means there may not be any limiting conditions such as a minimum bid or hidden reserve price. The auctioneer may not bid for himself at an absolute auction, it is unethical and illegal. Source: NAA, National Auctioneers Association
Will the practice stop? Probably not until more of us speak up about it.
Paul Sobwick
Auctioneer, CAI, AARE, CES
Direct Line - (410) 707-6361