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Aug 16, 11:00AM EDT

Modern Design, Fine Art & Jewelry - August Day 1

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  • Pair of 18k Gold, Diamond, And Multiple Semiprecious Stones Chandelier Earrings - Gross 12.8 g.
    Estimate
    $650 - $850
    Lot 96

    Pair of 18k Gold, Diamond, And Multiple Semiprecious Stones Chandelier Earrings - Gross 12.8 g.

    Est.
    $650 - $850
  • 14k Gold and Diamond Cameo Brooch - Gross 19.2 g.
    Estimate
    $500 - $700
    Lot 97

    14k Gold and Diamond Cameo Brooch - Gross 19.2 g.

    Est.
    $500 - $700
  • John Torreano (born 1941) American, Mixed Media Composition "Goof Ball Mail Box"
    Estimate
    $3,000 - $4,500
    Lot 98

    John Torreano (born 1941) American, Mixed Media Composition "Goof Ball Mail Box"

    Est.
    $3,000 - $4,500
  • Large Signed Hard Edge Geometric Op Art Acrylic on Canvas Painting
    Estimate
    $200 - $400
    Lot 99

    Large Signed Hard Edge Geometric Op Art Acrylic on Canvas Painting

    Est.
    $200 - $400
  • Stephen Tarantal (Born 1943) American, Acrylic on Canvas Three-Dimensional Painting
    Estimate
    $1,000 - $2,000
    Lot 100

    Stephen Tarantal (Born 1943) American, Acrylic on Canvas Three-Dimensional Painting

    Est.
    $1,000 - $2,000
  • Joe Roberts (20th/21st Century) American, Large Signed Abstract Oil on Canvas Painting
    Estimate
    $400 - $800
    Lot 101

    Joe Roberts (20th/21st Century) American, Large Signed Abstract Oil on Canvas Painting

    Est.
    $400 - $800
  • Richard Carter (Born 1946) American, Large Abstract Landscape Acrylic on Canvas
    Estimate
    $600 - $900
    Lot 102

    Richard Carter (Born 1946) American, Large Abstract Landscape Acrylic on Canvas

    Est.
    $600 - $900
  • Smadar Livne (Born 1959) Israeli/American, Large Abstract Giclee on Canvas
    Estimate
    $300 - $600
    Lot 103

    Smadar Livne (Born 1959) Israeli/American, Large Abstract Giclee on Canvas

    Est.
    $300 - $600
  • Smadar Livne (Born 1959) Israeli/American, Large Abstract Embellished Giclee on Canvas
    Estimate
    $250 - $500
    Lot 104

    Smadar Livne (Born 1959) Israeli/American, Large Abstract Embellished Giclee on Canvas

    Est.
    $250 - $500
  • Craig Rubadoux (Born 1937) American,  Oil On Canvas Titled Tracks
    Estimate
    $800 - $1,200
    Lot 105

    Craig Rubadoux (Born 1937) American, Oil On Canvas Titled Tracks

    Est.
    $800 - $1,200
  • Oleg Zhivetin Original Mixed Media on Canvas Titled Dreams
    Estimate
    $2,000 - $3,000
    Lot 106

    Oleg Zhivetin Original Mixed Media on Canvas Titled Dreams

    Est.
    $2,000 - $3,000
  • Prince Duncan Williams Ghana Original Silk Thread Framed Artwork
    Estimate
    $1,000 - $2,000
    Lot 107

    Prince Duncan Williams Ghana Original Silk Thread Framed Artwork

    Est.
    $1,000 - $2,000
  • Michael Kuseske (Born 1950) American, Oil on Canvas Floral Painting
    Estimate
    $800 - $1,200
    Lot 108

    Michael Kuseske (Born 1950) American, Oil on Canvas Floral Painting

    Est.
    $800 - $1,200
  • Rafael Acevedo (Argentina) Mixed Media
    Estimate
    $400 - $800
    Lot 109

    Rafael Acevedo (Argentina) Mixed Media

    Est.
    $400 - $800
  • Robert Baxter Original Oil on Canvas Titled Cafe Du Cucuron
    Estimate
    $1,000 - $2,000
    Lot 110

    Robert Baxter Original Oil on Canvas Titled Cafe Du Cucuron

    Est.
    $1,000 - $2,000
  • Concrete and Mixed Media Sculpted Three Dimensional Abstract Art on Board
    Estimate
    $300 - $600
    Lot 111

    Concrete and Mixed Media Sculpted Three Dimensional Abstract Art on Board

    Est.
    $300 - $600
  • Gibbs Milliken (1935-2007) American, Oil on Masonite Painting
    Estimate
    $400 - $800
    Lot 112

    Gibbs Milliken (1935-2007) American, Oil on Masonite Painting

    Est.
    $400 - $800
  • Girardini Design Modernist Console Table With Mirror and Healing Crystals
    Estimate
    $800 - $1,200
    Lot 113

    Girardini Design Modernist Console Table With Mirror and Healing Crystals

    Est.
    $800 - $1,200
  • J. Wade Beam For Brueton Maidda Console Table
    Estimate
    $1,500 - $2,500
    Lot 114

    J. Wade Beam For Brueton Maidda Console Table

    Est.
    $1,500 - $2,500
  • Paul McCobb Planner Group Black Lacquered Dining Table
    Estimate
    $600 - $900
    Lot 115

    Paul McCobb Planner Group Black Lacquered Dining Table

    Est.
    $600 - $900
  • (2) Ashanti Ghanaian Figural Arm Chairs in Boxwood and Resin with Cotton Cushions
    Estimate
    $600 - $1,200
    Lot 116

    (2) Ashanti Ghanaian Figural Arm Chairs in Boxwood and Resin with Cotton Cushions

    Est.
    $600 - $1,200
  • Kazuhide Takahama (1930-2010) Japanese, (10) Dining Chairs for Gavina
    Estimate
    $300 - $500
    Lot 117

    Kazuhide Takahama (1930-2010) Japanese, (10) Dining Chairs for Gavina

    Est.
    $300 - $500
  • Pair of LeCorbusier Style Mauve Leather Arm Chairs
    Estimate
    $500 - $750
    Lot 118

    Pair of LeCorbusier Style Mauve Leather Arm Chairs

    Est.
    $500 - $750
  • Rojo Alicante Marble Console Table
    Estimate
    $400 - $800
    Lot 119

    Rojo Alicante Marble Console Table

    Est.
    $400 - $800
  • DIA Console Table by Kaizo Oto Mixed Metal and Glass Top
    Estimate
    $300 - $600
    Lot 120

    DIA Console Table by Kaizo Oto Mixed Metal and Glass Top

    Est.
    $300 - $600
  • Glass Top Table, Attributed to John Mascheroni
    Estimate
    $400 - $800
    Lot 121

    Glass Top Table, Attributed to John Mascheroni

    Est.
    $400 - $800
  • Ora Gipe (20th Century) American, Signed Abstract Portrait of a Man
    Estimate
    $100 - $200
    Lot 122

    Ora Gipe (20th Century) American, Signed Abstract Portrait of a Man

    Est.
    $100 - $200
  • Peter DeMare (1927-2022) American, Modernist Still Life Oil on Canvas
    Estimate
    $300 - $600
    Lot 123

    Peter DeMare (1927-2022) American, Modernist Still Life Oil on Canvas

    Est.
    $300 - $600
  •  Jozef Batko (20th/21st Century) Slovakia/America, Abstract Acrylics on Canvas "Beauty will Save the World"
    Estimate
    $2,500 - $3,500
    Lot 124

    Jozef Batko (20th/21st Century) Slovakia/America, Abstract Acrylics on Canvas "Beauty will Save the World"

    Est.
    $2,500 - $3,500
  • John Ormsby (20th Century), Large 1966 Abstract Cubist Oil on Canvas
    Estimate
    $400 - $800
    Lot 125

    John Ormsby (20th Century), Large 1966 Abstract Cubist Oil on Canvas

    Est.
    $400 - $800
  • Concrete and Mixed Media Sculpted Three Dimensional Abstract Art on Board
    Estimate
    $300 - $600
    Lot 126

    Concrete and Mixed Media Sculpted Three Dimensional Abstract Art on Board

    Est.
    $300 - $600
  • Signed and Dated Framed Red High Relief Mixed Media Wall Art on Board
    Estimate
    $250 - $500
    Lot 127

    Signed and Dated Framed Red High Relief Mixed Media Wall Art on Board

    Est.
    $250 - $500
  • Signed and Dated Framed Yellow High Relief Mixed Media Wall Art on Board
    Estimate
    $250 - $500
    Lot 128

    Signed and Dated Framed Yellow High Relief Mixed Media Wall Art on Board

    Est.
    $250 - $500
  • Frederick Lyman (1925-2011) American, Tall Framed Textured Abstract Oil on Board
    Estimate
    $200 - $400
    Lot 129

    Frederick Lyman (1925-2011) American, Tall Framed Textured Abstract Oil on Board

    Est.
    $200 - $400
  • Hoi Lebadang (1921-2015) Vietnamese/French, Cast Paper Intaglio Lithograph in Shadow Box
    Estimate
    $400 - $800
    Lot 130

    Hoi Lebadang (1921-2015) Vietnamese/French, Cast Paper Intaglio Lithograph in Shadow Box

    Est.
    $400 - $800
  • Large Signed Blue Abstract Circa 1960 Oil on Masonite
    Estimate
    $200 - $400
    Lot 131

    Large Signed Blue Abstract Circa 1960 Oil on Masonite

    Est.
    $200 - $400
  • Deborah Stern (Born 1938) British/American, Large Abstract Postmodern Oil on Canvas
    Estimate
    $300 - $600
    Lot 132

    Deborah Stern (Born 1938) British/American, Large Abstract Postmodern Oil on Canvas

    Est.
    $300 - $600
  • Large Mid-Century Abstract Watercolor Stain Painting, "Mint 2"
    Estimate
    $80 - $120
    Lot 133

    Large Mid-Century Abstract Watercolor Stain Painting, "Mint 2"

    Est.
    $80 - $120
  • Eric Waugh (Born 1963 ) Mixed Media on Paper Titled Spec Raxi #3
    Estimate
    $400 - $600
    Lot 134

    Eric Waugh (Born 1963 ) Mixed Media on Paper Titled Spec Raxi #3

    Est.
    $400 - $600
  • Maeve Harris Bird of Paradise Giclee
    Estimate
    $200 - $300
    Lot 135

    Maeve Harris Bird of Paradise Giclee

    Est.
    $200 - $300
  • Lois Goodman (20th Century) American, Abstract Oil on Canvas
    Estimate
    $150 - $250
    Lot 136

    Lois Goodman (20th Century) American, Abstract Oil on Canvas

    Est.
    $150 - $250
  • Danny Garcia (1929-2012) American, Oil on Board Harbor Scene
    Estimate
    $200 - $400
    Lot 137

    Danny Garcia (1929-2012) American, Oil on Board Harbor Scene

    Est.
    $200 - $400
  • Robin Sierra (20th/21st Century) American, Abstract Oil on Canvas, Titled "Madrigal"
    Estimate
    $200 - $400
    Lot 138

    Robin Sierra (20th/21st Century) American, Abstract Oil on Canvas, Titled "Madrigal"

    Est.
    $200 - $400
  • Beth McBride (20th/21st Century) American, Large Abstract Oil on Canvas Painting
    Estimate
    $100 - $200
    Lot 139

    Beth McBride (20th/21st Century) American, Large Abstract Oil on Canvas Painting

    Est.
    $100 - $200
  • 20th Century American Large Abstract Painting "Starry Night Over Mt. Tamalpais
    Estimate
    $100 - $200
    Lot 140

    20th Century American Large Abstract Painting "Starry Night Over Mt. Tamalpais

    Est.
    $100 - $200
  • Signed Abstract Oil on Canvas
    Estimate
    $100 - $200
    Lot 141

    Signed Abstract Oil on Canvas

    Est.
    $100 - $200
  • Daniela (20th/21st Century) Mixed Media on Canvas, "La Boheme"
    Estimate
    $100 - $200
    Lot 142

    Daniela (20th/21st Century) Mixed Media on Canvas, "La Boheme"

    Est.
    $100 - $200
  • Charles Gruppe (1860–1940) American, Large Signed Abstract Street Scene with Birds Pastels on Canvas
    Estimate
    $200 - $400
    Lot 143

    Charles Gruppe (1860–1940) American, Large Signed Abstract Street Scene with Birds Pastels on Canvas

    Est.
    $200 - $400

Auction Description

Modern Design, Fine Art & Jewelry - August Day 1 by Sarasota Estate Auction

Day 1 is featuring an Oil on Canvas done by Samella Lewis, Art Glass Sculptures done by Susan Gott and Pawel Borowski, and a Lifetime Collection of Fashion. Fine Art from artists including
Louis Magre, Isaac Maimon, Angel Botello, Keith Haring, Smadar Livne, Craig Rubadoux, Leroy Neiman, Malcolm Furlow, Charley Harper, Erte, Victor Vasarely, and others. Also including Modern Furniture, over 200 lots of Fantastic Estate Jewelry, Chanel Bags, a Collection of Guitars and Memorabilia, Lalique, Steuben, Oscar de la Renta Jewelry and Bags, Elvis Presley Marble Piece from Original Mausoleum, Sergio Bustamante Papier Mache Sculptures, Geodes, and so much more!

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Sarasota Estate Auction
Sarasota, FL 34236
United States

sarasotaestateauction@gmail.com

Phone:+1 9413598700

Buyer’s Premium

Start Premium (%)
$0 28.00

Bid Increments

Start Increments ($)
$0 $10
$100 $25
$250 $50
$1,000 $100
$2,500 $250
$7,500 $500
$20,000 $1,000
$50,000 $2,500
$100,000 $5,000
$250,000 $10,000

Payments

Available payment options

  • Visa
  • Mastercard
  • Amex
  • Diners
  • Discover
  • JCB
  • Union Pay
PayPal

We accept all major credit cards, wire transfers, money orders, checks and PayPal. Please give us a call at (941) 359-8700 or email us at SarasotaEstateAuction@gmail.com should you have any questions about payment.

Shipping Info

SHIPPING INFORMATION·

Sarasota Estate Auction IS NOT RESPONSIBLE FOR SHIPPING! BUYER MUST ARRANGE SHIPPING. All shipping will be handled by the winning bidder. Sarasota Estate Auction recommends obtaining shipping quotes before bidding on any items in our auctions. To obtain a quote, please email info@premiershipment.com. Be sure to include the lot you are interested in and address you would like the quote for. Refunds are not offered under any circumstances base on shipping issues, this is up to the buyer to arrange this beforehand.

BIDDER MUST ARRANGE THEIR OWN SHIPPING. Although SEA will NOT arrange shipping for you, we do recommend our preferred shipper Premier Shipping & Crating at info@premiershipment.com You MUST email them, please DO NOT CALLl. If you'd like to compare shipping quotes or need more options, feel free to contact any local Sarasota shippers. You can email any one of the shippers below as well. Be sure to include the lot(s) you won and address you would like it shipped to. Brennan with The UPS Store #0089 - 941-413-5998 - Store0089@theupsstore.com AK with The UPS Store #2689 - 941-954-4575 - Store2689@theupsstore.com Steve with The UPS Store #4074 - 941-358-7022 - Store4074@theupsstore.com Everett with PakMail - 941-751-2070 - paktara266@gmail.com

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Terms & Conditions

TERMS AND CONDITIONS: 

1. All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by Sarasota Estate Auction or by any seller represented by Sarasota Estate Auction. 

2. Bidding will begin at a price appropriate in auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason he deems appropriate. At the auctioneer's discretion, no bid of less than one half the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or bidding in the gallery. All lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the auctioneer has the right to bid on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the Auctioneer has the right to withdraw the item from the sale. 

3. Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying 'sold'. We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction it will be offered again only at the auctioneer's discretion. 

4. Payment must be made by cash, approved check, wire transfer, PayPal or MasterCard, Visa, Discover and American Express credit cards. We reserve the right to require bank checks for large purchases. Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. We reserve the right to not issue a buyer's number or to withhold merchandise if appropriate credit has not been established. We require wire transfers for international buyers. First time buyers will be required to pay by wire transfer or cashier's check. 

5. Payment is expected at time of purchase. Payment for successful absentee, phone bids and online bids are required within five business days of the auction. Bidding on an item indicates the client's acceptance of our Terms of Sale. Your signature on our Bid Form or acceptance of these terms through any online bidding platform constitutes permission to charge successful bids to credit cards if payment is not received within five days of the auction. Furthermore, items can be sold to a third party without your consent if payment is not received within 7 business days of the auction. 

6. We are pleased to offer absentee and phone bidding for prospective bidders who cannot be present at the auction. Please complete the Absentee Bid and/or Phone Reservation form. Absentee bids are executed competitively and confidentially. All reservations for phone bidding are held in the strictest confidence and must be received by 5 pm the day before the auction. No additional phone bids can be accepted on the day of the auction including additions when speaking with a staff person on the phone. Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at the starting bid and gives the auctioneer the authority to open the bidding at that level. If an item has an opening bid of $1000.00 or greater, Sarasota Estate Auction will have the right to charge your card a deposit up to the full starting bid for all absentee/phone bidders.This amount will be refunded in the event that the item is won by another bidder. Furthermore, Sarasota Estate Auction shall have the right to withdraw any item at any time for any reason and to default any sale in the event of an error or dispute. 

7. In the case of identical absentee bids, the bid received first will prevail. Bids left on Live Auctioneers are not executed until the item is offered in the live auction and the order in which they are received is not a factor. We sell 20-30 lots per hour. Please refer to the bidding increments. 

8. In our experience, cellular phones are not always dependable, and we recommend phone bidding reservations be made on land lines. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an extension of credit. Please see numbers 4 and 5 above. 

9. If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers or packers, whether or not they were recommended by us. Property will not be released to the shipper without the buyer's written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and Sarasota Estate Auction will have no liability of any loss or damage to such items. Buyer Pays Packaging and Shipping Cost. 

10. Note to internet absentee bidders. We do not accept cut bids, (bids less than the last interval) from the floor or from phone bidders, and we do not accept them from internet bidders. Thus, it is possible that a lot could go to another bidder for less than your absentee bid. For example, if the bids are progressing in ten dollar increments, $50, $60, $70 and your absentee falls at $75, we will not take the bid since it is less than the $10 interval. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid such a situation. 

11. All purchases are subject to applicable Florida sales tax of 7% unless the Florida Certificate of Resale tax form is fully and completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. 

12. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, Sarasota Estate Auction may seek all remedies under the law including canceling the sale and reoffering the property without reserve. 

13. A buyer's premium will be applied to the purchase price of all items in the amount of 28%. 

14.Purchased items not picked up from our auction facility within ten business days of the auction will be assessed a storage fee of $10.00 per day, per item. If your item is not picked up within 30 days, Sarasota Estate Action re-assumes ownership of the item and can re-sell at any time. The costs of storage, plus any other costs directly related to the item, may still be owed. This applies if payment is received within 5 business days as well. 

15. Export and Permits: It is the purchaser's sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any symbols or notices in the sale catalog reflect Sarasota Estate Auctions reasonable opinion at the time of cataloging and are for bidders' general guidance only; Sarasota Estate Auction and the Consignor make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes. 

16. Endangered Species: Certain property sold at auction, for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, tortoiseshell, whalebone, etc., irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. Sarasota Estate Auction suggests that international buyers check on foreign governments' wildlife import requirements prior to placing a bid. All buyers agree to comply with any and all domestic and international restrictions on the trade of endangered species as a condition of the sale. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the purchaser's responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price for the lot. Although licenses can be obtained to export some types of endangered species, other types may not be exported at all, and other types may not be resold in the United States. Sarasota Estate Auction is not able to assist the purchaser in attempting to obtain the appropriate licenses and/or certificates, and there is no assurance that an export license or certificate can be obtained. Please check with our specialists if you are uncertain as to whether a lot is subject to these export/import license and certificate requirements, or any other restrictions on exportation. 

17. Due to the embargo on Persian carpets, international shipping is not available. 

18. Sarasota Estate Auction makes no warranty or guarantee whatsoever regarding the jewelry, its colored stones, diamonds, other gem materials, or metals, or as to their status as natural, treated, earth mined, manmade or other. Appraisals, descriptions, photographs, are offered as a service and are not intended to be a complete analysis of the qualities and conditions of the jewelry. All identifications, information, weights, quality, cut, value and other estimates, are opinions, limited by examination and grading the mountings, the condition and cleanliness of the items. All gems, colored stones, diamonds, cultured or natural pearls, fresh water, south sea, Tahitian pearls, and other materials used in jewelry, may be enhanced by a variety of treatments. Sarasota Estate Auction makes no warranties or guaranties that any clock or watch is in working order. 

19. Condition of Firearms: Sarasota Estate Auction or its' employees or consultants make no warranties or representations whatsoever concerning the operation of firing condition, safety to store or reliability of any firearm. Any firearm purchased is at the user's risk. Sarasota Estate Auction expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person or property from the storage or use of any such lot. 

20. Online registration and bidding approval is done at the sole discretion of the auction house. We recommend that online bidders sign up at least 3 days in advance of the auction to allow for time to complete the approval process. We make no guarantees that new online bidders who register within 24 hours of the sale will be approved for bidding. After signing up to bid, new online bidders may receive a message requesting additional information; we cannot approve any client without the requested information. Parties who wish to bid on premium lots may be asked to submit a deposit by wire transfer. Correspondence between prospective clients and the Auction House must be established directly with Sarasota Estate Auction through phone, fax, or one of the relevant email addresses. We make no guarantee that we can respond to requests submitted through third party messaging systems. Due to the high volume of inquiries made within 24 hours of the sale, we make no guarantee that clients who contact us during this period will receive a response. Bids left on Live Auctioneers are not executed until the item is offered in the live auction therefore the order in which those bids are received is not a factor. We will make every effort within reason to accept and process bids from online participants. Sarasota Estate Auction will not accept liability for any bids missed due to clerking issues, operator error, equipment failure, connection delays, communication lapses, or technical malfunctions of any nature