This section is from the book "Real Estate Principles And Practices", by Philip A. Benson, Nelson L. North. Also available from Amazon: Real Estate Principles and Practices.
The terms of sale in a voluntary auction sale may contain any provisions which the seller desires. Of course if he makes them too onerous he will get no bids, but there is no court (as in an involuntary auction) to prescribe the terms. The terms of sale in a voluntary auction usually are similar to those in an involuntary auction, except in three particulars. The deposit is paid to the auctioneer who gives his receipt and who holds it for the parties. When the deed is passed he pays it to the seller upon surrender of the receipt by the purchaser. Another difference is that in a voluntary auction it is usually provided that rents, interest on mortgages and insurance premiums be apportioned and that the seller pay taxes, assessments and water rates due up to the date of closing title. The third distinction is that while in an involuntary auction the terms of sale are signed by the referee, in a voluntary sale, there being no referee, they are signed by the owner, his attorney or the auctioneer.
 
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