Richmond, CA asked in Contracts and Business Law for California
This was done in California and without the sellers consent.
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T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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- Las Vegas, NV
- (702) 463-4900
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A:In California, the practice of "shill bidding," where the auctioneer or someone related to the seller places bids to artificially inflate the price, is generally considered illegal and could be construed as a form of fraud. However, proxy bidding, where the auctioneer bids on behalf of a registered absentee bidder, is generally allowed if disclosed and consented to. The critical issue here is whether the auctioneer's actions were disclosed and consented to by all relevant parties. If the auctioneer was bidding both for himself and on behalf of another, without proper disclosure and consent, it could raise ethical and potentially legal issues.
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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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- Sacramento, CA
- Licensed inCalifornia
- (916) 704-3009
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A:Under California law, an auctioneer typically cannot bid on behalf of a proxy and also bid for themselves during an auction without the seller's consent. Such actions may raise legal and ethical concerns related to potential conflicts of interest and transparency. If the seller did not provide consent and this occurred, it could be a violation of auction regulations and may warrant legal action or a complaint to the appropriate authorities.
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