Can misrepresentation by the auctioneer on behalf of the seller cause liability?

Misrepresentation by the auctioneer on behalf of the seller can indeed lead to both civil and criminal liability. This is because auctioneers have a fiduciary duty to act honestly and in the best interests of all parties involved in the auction process. If an auctioneer makes false statements regarding the property being sold, such as its condition, value, or the terms of sale, it undermines the trust inherent in the auction process.

Civil liability may arise from legal actions taken by affected parties seeking damages, as misrepresentation can result in financial losses. In more severe instances, when the misrepresentation is found to be intentional or grossly negligent, it could also lead to criminal charges, which are in place to protect the integrity of commerce and prevent fraudulent activities. Therefore, it's crucial for auctioneers to ensure accuracy and honesty in their representations to avoid both types of liability.