Montana Statutes

§ 30-11-506 — Auctioneer's Authority From The Seller

Montana·Title 30 TRADE AND COMMERCE·Ch. 11 SALES·Part 5 Auction Sales and Auctioneers

30-11-506 . Auctioneer's authority from the seller. An auctioneer, in the absence of special authority or usage, has authority from the seller only as follows:

(1)to sell by public auction to the highest bidder;
(2)to sell for cash only, except for articles usually sold on credit at auction;
(3)to warrant as an agent pursuant to 28-10-421 ;
(4)to prescribe reasonable rules and terms of sale;
(5)to deliver the thing sold upon payment of the price;
(6)to collect the price; and
(7)to do whatever else is necessary, proper, and usual in the ordinary course of business for effecting these purposes.

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Legislative History

En. Sec. 3160, Civ. C. 1895; re-en. Sec. 5461, Rev. C. 1907; re-en. Sec. 7976, R.C.M. 1921; Cal. Civ. C. Sec. 2362; Field Civ. C. Sec. 1264; re-en. Sec. 7976, R.C.M. 1935; Sec. 66-201, R.C.M. 1947; amd. and redes. 74-706 by Sec. 6, Ch. 263, L. 1977; R.C.M. 1947, 74-706.

Nearby Sections

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