FAVOR Auction – Seller Terms & Conditions
Last updated: February 24,2026
These Seller Terms & Conditions (“Seller Terms”) apply to all individuals and entities (“Seller” or “you”) who consign property to FAVOR Auction (“FAVOR Auction”, “Auctioneer”, “we”, “us”, or “our”) for sale by auction (live, online, or hybrid). By consigning items to FAVOR Auction, you agree to be bound by these Seller Terms, in addition to any consignment forms or other written agreements you sign with us.
If you do not agree to these Seller Terms, you must not consign property to FAVOR Auction.
Items Consigned
1.1 You authorize FAVOR Auction to offer the property you deliver or identify to us (the “Property”) for sale at public auction, in one or more lots, on a date, time, and platform chosen by FAVOR Auction.
1.2 FAVOR Auction will typically group, lot, and catalog the Property in the manner we believe will produce the best sale results, unless a different arrangement is agreed in writing.
Ownership, Title, and Authority
2.1 You represent and warrant that: • You are the legal owner of the Property, or have full legal authority to sell it; and
• The Property is free and clear of all liens, claims, and encumbrances, except those disclosed to and accepted by FAVOR Auction in writing.
2.2 You agree to indemnify and hold FAVOR Auction harmless from any claims, losses, damages, costs, or expenses (including reasonable attorney’s fees) arising out of: • Disputes over ownership or title;
• Undisclosed liens, security interests, or encumbrances; or
• Any misrepresentation or omission by you regarding the Property.
Commission, Buyer’s Premium, and Fees
3.1 Seller’s Commission (Seller’s Premium)
Unless a different commission is agreed in a separate written agreement, FAVOR Auction’s standard commission is 10% of the hammer price for each lot sold. The commission is deducted from the gross hammer price to calculate your net proceeds.
3.2 Buyer’s Premium
A 10% buyer’s premium is normally added to the hammer price and charged to the buyer. The buyer’s premium is retained by FAVOR Auction and does not reduce or offset your commission, unless expressly agreed in writing.
3.3 Additional Fees (if applicable)
You may be charged additional fees if we agree to provide specific services, including but not limited to: • Advertising or enhanced marketing.
• Cataloging, photography, or special listing services.
• Removal, disposal, or storage of unsold items.
• Other services agreed between you and FAVOR Auction.
Any such fees will be disclosed to you in writing (for example, in a consignment form, estimate, or separate agreement).
Reserves (Minimum Prices)
4.1 Unless a reserve (minimum price) is clearly agreed with FAVOR Auction in writing, all Property will be sold without reserve (no minimum) and may sell to the highest bidder regardless of price.
4.2 If one or more reserves are agreed in writing: • FAVOR Auction will use reasonable efforts to achieve the reserve price(s) but does not guarantee a sale; and
• If the bidding does not reach the agreed reserve, the affected lot may be marked “no sale” and remain your property, subject to any unsold-item fees described in these Seller Terms or a separate agreement.
4.3 FAVOR Auction may, in its discretion, consent to sell a reserved lot below the reserve if you authorize this, either in advance or at the time of auction.
Auctioneer’s Discretion
5.1 You authorize FAVOR Auction to exercise reasonable discretion in all matters related to the marketing and sale of the Property, including but not limited to: • Auction date(s), time(s), and location(s).
• Whether the auction is live, online, timed, or hybrid.
• How items are grouped, lotted, or split.
• The order of sale.
• Whether to re-offer or re-lot items.
• Whether to accept, reject, or reopen bidding.
• Whether to withdraw items for legal, safety, or business reasons.
5.2 FAVOR Auction may decline to offer any item for sale or may withdraw any lot at any time if we, in our sole discretion, believe it is illegal, unsafe, misdescribed, not as represented, or otherwise inappropriate for auction.
Payment to Seller
6.1 After each auction, FAVOR Auction will prepare a settlement statement for you showing: • The hammer price for each lot sold.
• The Seller’s commission and any agreed fees.
• The net proceeds due to you.
6.2 Subject to full payment by the buyer(s) and clearance of funds, FAVOR Auction will pay your net proceeds within approximately [__] days after the auction ends (or as otherwise specified in any consignment agreement with you). FAVOR Auction is not obligated to pay you before buyers have paid and their funds have cleared.
6.3 If a buyer fails to pay or otherwise defaults: • FAVOR Auction may, at its option, cancel the sale, re-offer the item in a future auction, or seek to enforce the buyer’s obligation.
• FAVOR Auction is not required to advance any payment to you until the item is sold and paid for.
• FAVOR Auction may, but is not obligated to, pursue collection from the buyer.
Unsold Items and Abandonment
7.1 If any item does not sell (for example, because no bids were received, a reserve was not met, or the lot was withdrawn), the item remains your property.
7.2 You must arrange to pick up or otherwise remove any unsold items within seven (7) days after FAVOR Auction notifies you that the item(s) are unsold, unless a different period is agreed in writing.
7.3 If you fail to pick up or arrange removal of unsold items within that period, FAVOR Auction may: • Charge reasonable storage fees; and/or
• After giving written notice and allowing a further seven (7) days, treat the item(s) as abandoned and: – Dispose of or donate the items; or
– Sell the items at auction (with or without reserve), applying the net proceeds first to storage, disposal, and other costs, with any remaining balance payable to you.
Pickup and Logistics for Sold Items
8.1 FAVOR Auction does not ship items to buyers. All sales are pickup only, and buyers are responsible for removing purchased Property.
8.2 Pickup will occur from one of the following locations or another designated site stated in the auction terms or buyer’s invoice: • 1750 Hwy 95, Rock Spring, GA 30739.
• 1705 Hwy 95, Rock Spring, GA 30739.
• Another location designated by FAVOR Auction.
8.3 If Property remains at your premises until sold, you agree to: • Allow reasonable access and time for buyers and FAVOR Auction staff or contractors to remove sold items.
• Follow FAVOR Auction’s reasonable instructions regarding scheduling and site access.
8.4 You are responsible for providing a reasonably safe environment for loading and removal of Property on your premises. To the extent permitted by law, you agree to hold FAVOR Auction harmless from injuries or damages arising from unsafe conditions on your property, except to the extent caused by FAVOR Auction’s own negligence.
Condition, Descriptions, and Disclosures
9.1 You must disclose to FAVOR Auction any known major defects, safety issues, legal restrictions, or liens affecting the Property.
9.2 You authorize FAVOR Auction to: • Inspect the Property.
• Describe the Property in catalogs and listings.
• Photograph and/or video the Property for use in marketing, online listings, and promotional materials.
9.3 While FAVOR Auction will make reasonable efforts to describe items accurately, you understand and agree that: • All Property is sold to buyers “AS IS, WHERE IS, WITH ALL FAULTS,” unless otherwise stated as a written guarantee.
• Descriptions, images, and statements about the Property are provided as a general guide and may not be complete or free of error.
• FAVOR Auction does not guarantee selling prices, bidder interest, or that any particular item will sell.
Limitation of Liability
10.1 To the fullest extent allowed by law, FAVOR Auction’s total liability to you for any claim (including loss, damage, or destruction of Property while in FAVOR Auction’s custody) is limited to the lower of: • The fair market value of the item (as reasonably determined by FAVOR Auction); or
• The amount of the expected net proceeds to you if the item had sold at a reasonable auction value under these Seller Terms.
10.2 FAVOR Auction is not liable for any indirect, incidental, special, or consequential damages, including lost profits or business opportunities, except where such limitation is prohibited by law.
Indemnification
11.1 You agree to indemnify and hold harmless FAVOR Auction, its owners, officers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: • Your breach of these Seller Terms or any consignment agreement.
• Your breach of any representation or warranty, including as to title or condition.
• Your failure to disclose material information about the Property.
• Any injury or damage occurring on your premises caused by unsafe conditions not attributable to FAVOR Auction’s negligence.
Governing Law and Jurisdiction
12.1 These Seller Terms are governed by and construed in accordance with the laws of the State of Georgia and, to the extent applicable, the federal laws of the United States of America, without regard to conflict-of-law principles.
12.2 Any disputes arising out of or in connection with these Seller Terms, your consignment of Property, or any related transactions will be subject to the exclusive jurisdiction of the state or federal courts having jurisdiction over Walker County, Georgia, except where mandatory law provides otherwise.
Entire Agreement and Changes
13.1 These Seller Terms, together with any written consignment or seller agreement(s) and any written fee schedule provided to you, constitute the entire agreement between you and FAVOR Auction regarding the consignment and sale of your Property, unless otherwise expressly stated in writing and signed by both parties.
13.2 FAVOR Auction may revise these Seller Terms from time to time. Updated Seller Terms will be posted on our website with an updated “Last updated” date. Your continued consignment of Property after such changes are posted constitutes your acceptance of the revised Seller Terms.
13.3 Any specific changes to commission rates, fees, reserves, or other key commercial terms must be agreed in writing between you and FAVOR Auction (for example, in a consignment form, email confirmation, or separate written agreement).
Contact Information
If you have questions about these Seller Terms, please contact:
FAVOR Auction
1750 Hwy 95
Rock Spring, GA 30739
Phone: 706-996-3308
Email: becky@favorauction.com
Website: https://www.favorauction.com