Puffer: The Role of Undisclosed Agents in Auction Bidding

Definition & Meaning

A puffer is a term used in auction contexts to describe an individual who is appointed by the seller to bid on a property. The primary purpose of a puffer is to create a sense of competition among genuine buyers by raising the bid prices during an auction. Puffers do not intend to purchase the property; instead, they aim to stimulate higher offers from actual bidders. This practice has been a subject of legal debate for centuries.

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Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) Imagine an auction for a piece of real estate where the seller hires a puffer to bid on their behalf. The puffer raises the bids to encourage other buyers to offer more, ultimately leading to a higher sale price for the property.

State-by-state differences

Examples of state differences (not exhaustive)

State Regulation of Puffers
California Strict regulations against undisclosed bidding agents.
New York Requires disclosure of agents participating in auctions.
Texas No specific laws governing puffers, but general auction regulations apply.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition
Puffer An appointed individual who bids to stimulate competition without intent to purchase.
By-bidder A person who bids on behalf of the seller, similar to a puffer, but may have different legal implications.
Capper Another term for a puffer, often used interchangeably.

What to do if this term applies to you

If you are involved in an auction where a puffer may be present, it is essential to understand the auction rules and regulations in your state. Consider consulting with a legal professional to ensure compliance and protect your interests. Additionally, users can explore US Legal Forms for templates related to auction agreements and disclosures.

Quick facts

  • Typical fees: Varies by auction house.
  • Jurisdiction: Auction laws differ by state.
  • Possible penalties: Legal repercussions for undisclosed puffers.

Key takeaways