Auctions

An auctioneer is usually liable to the seller for monetary losses attributable to his or her NEGLIGENCE in failing to follow the seller's instructions. The auctioneer can also be responsible to the buyer for fraud, conduct in excess of authority, and failure to deliver the goods. Since the auctioneer is a stakeholder, a third party designated by two or more persons to retain on deposit money or property that is the subject of a dispute, the auctioneer is liable to the buyer in those instances where the buyer is entitled to the return of the deposit. An auctioneer who sells property on behalf of one who does not own it and delivers the proceeds to that person is personally liable to the rightful owner even though the auctioneer acted in good faith and without knowledge of the absence of title. He or she can recover his or her losses from the person who received the proceeds in the form of damages that he or she was ordered to pay to the actual owner.