Guide · Commercial

Auctions, Consignment, and Secondhand Sales: A Comprehensive Guide to Sale Terms, Entrustment, Liens, Pawn, and Online Bidding

15 U.S.C. § 45

Type
Guide
Jurisdiction
National
Date
2023-11-18
Topic
Commercial

This guide covers auctions, consignment, and secondhand commerce from formation to title. Part I explains auction formation, reserve, and the conditions of sale that displace default rules. Part II covers the buyer's premium, disclaimers, and authenticity warranties. Part III covers consignment, the security interest problem, and artist consignment statutes. Part IV covers title: voidable title, void title, and entrustment. Part V covers provenance, authenticity, and cultural property. Part VI covers pawn, estate sales, and vehicle auctions. Part VII covers judicial, bankruptcy, and tax sales. Part VIII covers the consumer protection overlay, online platforms, cash reporting, and dispute resolution.

Auctions, Consignment, and Secondhand Sales: A Comprehensive Guide to Sale Terms, Entrustment, Liens, Pawn, and Online Bidding

Commercial > Auctions, Consignment, and Secondhand Sales | Published 18 November 2023 - Updated 9 February 2025 | UpLaw - uplaw.us

How to use this guide

Two questions organize this entire field: when is the contract formed, and does the seller have title to transfer. Every doctrine here is an answer to one or the other.

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