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Old 04-09-2008, 03:11 PM
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Default Group purchases in REA, Mastro

Posted By: SC

You can consider that what the buyer/leader of the group (whomever actually places the bid and writes the check to the auction house) - he is basically preselling the other items on an if. "OK guys, if I win this lot, will you buy x y and z cards for $$xx or xx% of the final bid price, up to a maximum amount."

So much of our legal system depends on the intent of the individual. From capital crimes, the difference between murder and manslaughter. In many tort cases, the difference in assessment of punitive and treble damages is based on the mindset and knowledge of the company.

In this case, I would think, from a legal standpoint, the difference is going to be whether the intent of the group/partnership was an honest effort to form a conglomorate to purchase a group of items, or an effort to depress the price on the lot. If it's the former, it's fine. The latter is not. The shade of gray inbetween is what a court would decide.

I also don't think a means test is relevent. If you have a lot of 10 items, each "worth" $1000, and I only want one of them - I don't think it's important whether I can write a check for $10k or not.

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