Montana Code 30-11-506. Auctioneer’s authority from the seller
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:
Terms Used In Montana Code 30-11-506
- Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
- Usual: means according to usage. See Montana Code 1-1-206
(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.