Is a property on the market?

Anthony Radford | Bendigo Weekly | 05-Jul-2011 12.2

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The REIV often receives questions from the public about the conduct of auctions, the process of bidding and what is required of the auctioneer.
A familiar phrase is ‘on the market’ and it is important that bidders understand what this means.
During the course of bidding it is not uncommon for an auctioneer to pause and update the vendor on how the auction is progressing and ask whether he or she can inform bidders the reserve has been reached and is now going to be sold.
If bidding has reached the reserve, the vendor will instruct the auctioneer to sell to the highest bidder.
When this happens the auctioneer will announce the property is ‘on the market’ and bidding will continue until the property is sold. While advising attendees that the property is ‘on the market’ is a very common feature it is not a legal requirement.
Some auctioneers will conduct an auction at which there is no pause and when bidding reaches the reserve set by the vendor, will announce the property is ‘on the market’.
Bidding continues with the property being knocked down and sold to the highest bidder.
If you are bidding you may ask the auctioneer a reasonable number of questions about the conduct of the auction.
This includes asking whether the property is ‘on the market’.
The auctioneer is obliged to tell you whether it is.
You need to be careful not to become aggressive with your questioning. If you do, you could be seen as disrupting the auction which is an offence under the Sale of Land Act.

 Enzo Raimondo
CEO REIV
TLPB - selling now

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