New Jersey § 12a:2-328
Full text of New Jersey New Jersey Statutes § 12a:2-328, with citation guidance and answers to common questions.
§ 12a:2-328.
(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or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable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.
Frequently Asked Questions About New Jersey § 12a:2-328
What does New Jersey Statutes § 12a:2-328 cover?
Section 12a:2-328 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 12a:2-328?
A common citation format is "New Jersey Statutes § 12a:2-328" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:2-328 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.