The text highlights a massive blind spot in the real estate industry: **many traditional real estate agents and brokers simply do not understand how real estate auctions work**, even though they are legally obligated to have "subject matter expertise" for the services they provide. According to Myers Jackson a “Real Property Auctioneer” says that
The core can be broken down into a much clearer, actionable explanation of how real estate auctions operate and why the standard real estate rules don't apply.
### The Golden Rule: "The Fall of the Hammer"
In a traditional home sale, you submit an offer, negotiate back and forth, sign a contract, and then use a contingency period (usually 30 to 45 days) to do home inspections or secure a mortgage. If you find a problem, you can re-negotiate the price or walk away.
**Auctions completely reverse this timeline.**
* **Before the Auction:** This is when *all* your homework happens. You must view the property, read the "due diligence" packet, review titles, arrange your financing, and complete inspections *before* you place a single bid.
* **The Fall of the Hammer:** When the auctioneer's gavel drops, the property is officially sold. The high bid creates a **binding, non-contingent contract**.
* **No Post-Auction Negotiation:** You cannot try to renegotiate the price, ask for repairs, or back out because you couldn't get a loan. If you do, you will lose a massive non-refundable earnest money deposit and could face legal action.
### Real Estate vs. Traditional Sales
| Feature | Traditional Home Sale | Real Estate Auction |
|---|---|---|
| **Contracts** | Contingent on financing, inspections, or appraisals. | Absolute, non-contingent. "As-is, where-is." |
| **Negotiation** | Happens *after* an initial offer is submitted. | Happens *before* by setting limits, zero negotiation after the hammer. |
| **Timing** | Can drag out for weeks during the escrow phase. | Immediate sale. Closing usually happens strictly within 30 days. |
| **Fees** | Standard agent commissions paid by the seller. | Often includes a "Buyer’s Premium" (a percentage added to your winning bid). |
### What This Means For You
If you are looking to buy a property at an auction, the text gives you some very blunt but necessary advice regarding your representation:
> **Assess your agent.** Ask your real estate agent how an absolute auction or a reserve auction works. If they tell you that auctions "don't comply with the real estate industry" or they dismiss them out of hand, it usually means they just don't know how they work.
>
Because an auction requires specialized contract knowledge and intense pre-bid preparation, using an untrained agent puts your deposit—and your legal liability—at serious risk. If your agent isn't willing to learn or attend a seminar to understand the mechanics, you need to find an agent who specializes in auction representation.
Of course, real estate auctions come in a few different flavors.
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source https://www.reddit.com/r/RealEstate/comments/1txlbnk/after_auction_negotiations_are_prohibited_i/
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