Is a bidder in a silent auction required by law to pay if they change their mind or the item is not as presented?

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Is a bidder in a silent auction required by law to pay if they change their mind or the item is not as presented?

Asked on January 29, 2012 under Business Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A bidder at a silent auction under the laws of all states in this country is required to pay for the item he or she successfully bids upon regardless if he or she changes their mind.

The exception is if there was a misrepresentation as to the item subject to bid and the bidder was not able to find out about the misrepresentation before the successful bid, or if the item is damaged or destroyed before the successful bidder makes payment for the item.


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