Maine Revised Statutes
Part 3: GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
11 §2-328. Sale by auction

§2-328. Sale by auction
(1).  In a sale by auction if goods are put up in lots, each lot is the subject of a separate sale.  
(2).  A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.  
(3).  Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve, the auctioneer may withdraw the goods at any time until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.  
(4).  If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale.

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 11: UNIFORM COMMERCIAL CODE

Article 2: SALES

Part 3: GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

11 §2-301. General obligations of parties

11 §2-302. Unconscionable contract or clause

11 §2-303. Allocation or division of risks

11 §2-304. Price payable in money, goods, realty or otherwise

11 §2-305. Open price term

11 §2-306. Output, requirements and exclusive dealings

11 §2-307. Delivery in single lot or several lots

11 §2-308. Absence of specified place for delivery

11 §2-309. Absence of specific time provisions; notice of termination

11 §2-310. Open time for payment or running of credit; authority to ship under reservation

11 §2-311. Options and cooperation respecting performance

11 §2-312. Warranty of title and against infringement; buyer's obligation against infringement

11 §2-313. Express warranties by affirmation, promise, description, sample

11 §2-314. Implied warranty: merchantability; usage of trade

11 §2-315. Implied warranty: fitness for particular purpose

11 §2-316. Exclusion or modification of warranties

11 §2-317. Cumulation and conflict of warranties express or implied

11 §2-318. When lack of privity no defense in action against manufacturer, seller or supplier of goods

11 §2-319. F.O.B. and F.A.S. terms

11 §2-320. C.I.F. and C.& F. terms

11 §2-321. C.I.F. or C.& F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival

11 §2-322. Delivery "exship"

11 §2-323. Forms of bill of lading required in overseas shipment; "overseas"

11 §2-324. "No arrival, no sale" term

11 §2-325. "Letter of credit" term; "confirmed credit"

11 §2-326. Sale on approval and sale or return; rights of creditors

11 §2-327. Special incidents of sale on approval and sale or return

11 §2-328. Sale by auction