I have been doing some research on this since there are a lot of misconceptions (including mine) on 'reserve' and 'no reserve' so I went to Maine Antique Digest and read some articles by Steve Proffitt.
"An auction without reserve (also known as an absolute auction) is one where the highest bidder takes the lot regardless of the amount of the bid." "An auction without reserve has no minimum bid level by definition."
http://maineantiquedigest.com/articles_archive/articles/ethi1000.htm"What does "with reserve" mean? It means that the seller has the right to designate an undisclosed price below which he will not sell any given lot (i.e., an individual piece exposed to bidding) in the auction." "What does "without reserve" mean? "Without reserve" means that the item up for bid will be sold to the highest bidder, regardless of the amount of the high bid."
http://maineantiquedigest.com/articles_archive/articles/ethi0600.htmHere are the seven basic rules that control absolute auctions. (aka without reserve)
First, the decision to sell at absolute auction is always the seller's. Auctioneers are mere agents working for sellers, and they do not control this decision.
Second, the auctioneer must specifically announce to the bidders that an auction of personal property or goods is unreserved (absolute). Otherwise the auction carries the protection of a reserve auction.
Third, once the auctioneer has opened the bidding on a lot, it cannot be withdrawn unless no bid is made for the lot within a reasonable time.
Fourth, the seller (not the bidder) makes the offer to contract. The courts have held that an absolute auction is by definition a continuing offer by the seller to sell to the highest bidder.
Fifth, a bidder accepts the seller's offer to sell by bidding. Each bid forms a contract for sale that is subject to being upset only by a higher bid made while the bidding remains open. The auctioneer may not reject any bid. This is why bidders are in control of absolute auctions.
Sixth, neither the seller nor the seller's agent may bid.
Seventh, the lot will sell to the highest bidder regardless of price—period! This rule underscores the substantial risk of sacrifice that an absolute auction carries.
http://maineantiquedigest.com/articles_archive/articles/feb05/ethics0205.htmSteve Proffitt is a Virginia attorney-at-law, auctioneer, and an instructor at Reppert School of Auctioneering.