Washington § 36.16.145 - Public auction sales — Conducted by electronic media.

(1) A county treasurer may conduct a public auction sale by electronic media.

(2) In a public auction sale by electronic media, the county treasurer may:

(a) Require persons to provide a deposit to participate;

(b) Accept bids for as long as the treasurer deems necessary; and

(c) Require electronic funds transfers to pay any deposits and a winning bid.

(3) At least fourteen days prior to the beginning of a public auction sale by electronic media, the county treasurer must:

(a) Publish notice of the sale once a week during two successive weeks in a newspaper of general circulation in the county; and

(b) Post notice of the sale in a conspicuous place in the county courthouse and on the county's internet website.

(4) A deposit paid by a winning bidder in a public auction sale by electronic media must be applied to the balance due. If a winning bidder does not comply with the terms of the sale, the winning bidder's deposit will be forfeited and credited to the county treasurer's operations and maintenance fund. Deposits paid by nonwinning bidders must be refunded within ten business days of the close of the sale.

(5) All property sold at a public auction sale by electronic media is offered and sold as is.

(6) In a public auction sale by electronic media, a county treasurer is not liable for:

(a) Known or unknown conditions of the property, including but not limited to errors in the assessor's records; or

(b) Failure of an electronic device not owned, operated, or managed by the county that prevents a person from participating in the sale.

(7) For purposes of this section:

(a) "Electronic funds transfer" has the same meaning as provided in RCW 82.32.085.

(b) "Internet" has the same meaning as provided in RCW 19.270.010.

(c) "Public auction sale by electronic media" means a transaction conducted via the internet that includes invitations for bids to purchase property submitted by an auctioneer and bids to purchase property submitted by sale participants, culminating in an auctioneer's acceptance of the highest or most favorable bid. Invitations and bids are submitted through an electronic device, including but not limited to a computer.

Intent—2015 c 95: "The legislature intends to grant counties in Washington clear authority to conduct public auctions via the internet, potentially reducing sale costs and enabling more bidders to participate." [ 2015 c 95 s 1.]