FL Auctioneer study materials
FL Auctioneer study resources

FL Auctioneer flashcards

FL Auctioneer · Build recall with a focused review session.

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Absolute auction
An auction in which the property is sold to the highest bidder regardless of price, with no reserve and no seller right to reject the high bid.
With-reserve auction
An auction in which the seller may reject bids below a stated reserve price; the auction must be conducted and advertised as with reserve.
Bid calling
The auctioneer's oral process of recognizing bidders, setting or accepting increments, encouraging competitive bidding, and closing the sale by announcing sold.
Reserve price
The minimum price set by the seller before bidding that the seller is willing to accept; bids below it may be rejected in a with-reserve auction.
Shill bidding
Bids placed by the seller or the auctioneer's agent to artificially raise the price; prohibited unless clearly disclosed as a seller bid.
Buyer's premium
A disclosed percentage or fee added to the high bid and paid by the buyer; it must be announced before bidding and stated in advertising.
Hammer price
The final high bid at which the auctioneer closes the bidding; the buyer's premium and taxes may be added to determine total cost.
Tie bid rule
A procedure announced before bidding to resolve equal bids, such as reopening bidding or awarding by lot; it prevents disputes at closing.
Florida Board of Auctioneers
The board within the Department of Business and Professional Regulation that regulates auctioneers and auction businesses under Chapter 468, Part VI, Florida Statutes.
Auctioneer license
A Florida credential required for an individual to conduct auctions for compensation; issued by DBPR after meeting education, examination, and background requirements.
Auction business license
A Florida credential required for an entity operating an auction business; the business must employ or be owned by a licensed auctioneer as required.
Unlicensed practice
Conducting an auction for compensation without a valid Florida auctioneer or auction business license; subject to cease-and-desist orders and disciplinary penalties.
Continuing education
Board-approved coursework required for license renewal; Florida auctioneers must complete the required hours during each renewal cycle, including laws and rules.
License renewal cycle
Florida auctioneer licenses are renewed biennially under board rule; renewal requires timely application, fees, and completion of continuing education.
Advertising rules
Auction advertising must be truthful and include the licensed auctioneer or business name and material terms, including reserve status and buyer's premium if charged.
Disciplinary grounds
Fraud, misrepresentation, false advertising, unlicensed activity, recordkeeping failures, and other violations for which the Board may fine, suspend, or revoke a license.
Written auction contract
A signed agreement between seller and auctioneer or auction business made before the auction; it states the property, date, terms, fees, reserve status, and settlement.
Contract disclosure items
Material terms the auction contract must state, including commission, buyer's premium, reserve status, payment, removal deadlines, and settlement responsibilities.
Auction record retention
Florida requires auction businesses to keep records of each auction for at least two years, including seller, buyer, bid, and settlement information.
Trust account
A separate bank account for client funds such as earnest money or auction proceeds; it must not be commingled with the auctioneer's operating or personal funds.
Buyer's premium disclosure
The buyer's premium must be stated in advertising and announced before bidding so bidders know the total price includes the high bid plus the premium.
Settlement statement
A closing accounting that lists the high bid, buyer's premium, commissions, fees, taxes, and net proceeds due to the seller.
Bidder registration
The process of recording a bidder's identity and issuing a bid number; it creates an audit trail for bids, invoicing, and dispute resolution.
Commission disclosure
The auctioneer's compensation must be stated in the written contract and may not include undisclosed payments from both seller and buyer for the same service.
Fiduciary duty
A legal obligation of loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care owed by an agent such as an auctioneer to the principal.
Escrow agent
A neutral party holding funds or documents for others until contractual conditions are met; the agent must safeguard and account for the escrow.
Commingling
Mixing client escrow funds with the auctioneer's personal or operating funds; prohibited because it risks loss and prevents clear accounting.
Conflict of interest
A situation where the auctioneer's personal or financial interest could affect the principal's interest; it must be disclosed and managed or avoided.
Confidentiality
The fiduciary duty not to disclose the principal's financial, personal, or business information except as authorized, required by law, or necessary to perform.
Unauthorized practice of law
Drafting legal documents or giving legal advice without a law license; auctioneers should use approved forms and refer legal questions to attorneys.
Earnest money
A deposit paid by the buyer to show good faith; in auctions it should be handled under the contract and, if held in escrow, kept separate.
Accounting duty
The fiduciary obligation to keep accurate records of all funds received and disbursed and to provide a timely accounting to the principal or buyer.