RCW 62A.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 or her 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 or she 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In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time.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 or her 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 or her 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.
[ 2013 c 23 § 140; 1965 ex.s. c 157 § 2-328. Cf. former RCW 63.04.220; 1925 ex.s. c 142 § 21; RRS § 5836-21.]
Structure Revised Code of Washington
Title 62A - Uniform Commercial Code
62A.2-102 - Scope; certain security and other transactions excluded from this Article.
62A.2-103 - Definitions and index of definitions.
62A.2-104 - Definitions: "Merchant"; "between merchants"; "financing agency".
62A.2-105 - Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial unit".
62A.2-107 - Goods to be severed from realty: Recording.
62A.2-201 - Formal requirements; statute of frauds.
62A.2-202 - Final written expression: Parol or extrinsic evidence.
62A.2-203 - Seals inoperative.
62A.2-204 - Formation in general.
62A.2-206 - Offer and acceptance in formation of contract.
62A.2-207 - Additional terms in acceptance or confirmation.
62A.2-209 - Modification, rescission and waiver.
62A.2-210 - Delegation of performance; assignment of rights.
62A.2-301 - General obligations of parties.
62A.2-302 - Unconscionable contract or clause.
62A.2-303 - Allocation or division of risks.
62A.2-304 - Price payable in money, goods, realty, or otherwise.
62A.2-306 - Output, requirements and exclusive dealings.
62A.2-307 - Delivery in single lot or several lots.
62A.2-308 - Absence of specified place for delivery.
62A.2-309 - Absence of specific time provisions; notice of termination.
62A.2-310 - Open time for payment or running of credit; authority to ship under reservation.
62A.2-311 - Options and cooperation respecting performance.
62A.2-312 - Warranty of title and against infringement; buyer's obligation against infringement.
62A.2-313 - Express warranties by affirmation, promise, description, sample.
62A.2-314 - Implied warranty: Merchantability; usage of trade.
62A.2-315 - Implied warranty: Fitness for particular purpose.
62A.2-316 - Exclusion or modification of warranties.
62A.2-317 - Cumulation and conflict of warranties express or implied.
62A.2-318 - Third-party beneficiaries of warranties express or implied.
62A.2-319 - F.O.B. and F.A.S. terms.
62A.2-320 - C.I.F. and C.&F. terms.
62A.2-322 - Delivery "ex-ship".
62A.2-323 - Form of bill of lading required in overseas shipment; "overseas".
62A.2-324 - "No arrival, no sale" term.
62A.2-325 - "Letter of credit" term; "confirmed credit".
62A.2-326 - Sale on approval and sale or return; rights of creditors.
62A.2-327 - Special incidents of sale on approval and sale or return.
62A.2-401 - Passing of title; reservation for security; limited application of this section.
62A.2-402 - Rights of seller's creditors against sold goods.
62A.2-403 - Power to transfer; good faith purchase of goods; "entrusting".
62A.2-501 - Insurable interest in goods; manner of identification of goods.
62A.2-502 - Buyer's right to goods on seller's insolvency.
62A.2-503 - Manner of seller's tender of delivery.
62A.2-504 - Shipment by seller.
62A.2-505 - Seller's shipment under reservation.
62A.2-506 - Rights of financing agency.
62A.2-507 - Effect of seller's tender; delivery on condition.
62A.2-508 - Cure by seller of improper tender or delivery; replacement.
62A.2-509 - Risk of loss in the absence of breach.
62A.2-510 - Effect of breach on risk of loss.
62A.2-511 - Tender of payment by buyer; payment by check.
62A.2-512 - Payment by buyer before inspection.
62A.2-513 - Buyer's right to inspection of goods.
62A.2-514 - When documents deliverable on acceptance; when on payment.
62A.2-515 - Preserving evidence of goods in dispute.
62A.2-601 - Buyer's rights on improper delivery.
62A.2-602 - Manner and effect of rightful rejection.
62A.2-603 - Merchant buyer's duties as to rightfully rejected goods.
62A.2-604 - Buyer's options as to salvage of rightfully rejected goods.
62A.2-605 - Waiver of buyer's objections by failure to particularize.
62A.2-606 - What constitutes acceptance of goods.
62A.2-608 - Revocation of acceptance in whole or in part.
62A.2-609 - Right to adequate assurance of performance.
62A.2-610 - Anticipatory repudiation.
62A.2-611 - Retraction of anticipatory repudiation.
62A.2-612 - "Installment contract"; breach.
62A.2-613 - Casualty to identified goods.
62A.2-614 - Substituted performance.
62A.2-615 - Excuse by failure of presupposed conditions.
62A.2-616 - Procedure on notice claiming excuse.
62A.2-701 - Remedies for breach of collateral contracts not impaired.
62A.2-702 - Seller's remedies on discovery of buyer's insolvency.
62A.2-703 - Seller's remedies in general.
62A.2-705 - Seller's stoppage of delivery in transit or otherwise.
62A.2-706 - Seller's resale including contract for resale.
62A.2-707 - "Person in the position of a seller".
62A.2-708 - Seller's damages for non-acceptance or repudiation.
62A.2-709 - Action for the price.
62A.2-710 - Seller's incidental damages.
62A.2-711 - Buyer's remedies in general; buyer's security interest in rejected goods.
62A.2-712 - "Cover"; buyer's procurement of substitute goods.
62A.2-713 - Buyer's damages for non-delivery or repudiation.
62A.2-714 - Buyer's damages for breach in regard to accepted goods.
62A.2-715 - Buyer's incidental and consequential damages.
62A.2-716 - Buyer's right to specific performance or replevin.
62A.2-717 - Deduction of damages from the price.
62A.2-718 - Liquidation or limitation of damages; deposits.
62A.2-719 - Contractual modification or limitation of remedy.
62A.2-720 - Effect of "cancellation" or "rescission" on claims for antecedent breach.
62A.2-721 - Remedies for fraud.
62A.2-722 - Who can sue third parties for injury to goods.
62A.2-723 - Proof of market price: Time and place.