No auctioneer licensing so anything goes?
We tend to hear this argument somewhat regularly: “There is no auctioneer licensing in that state, so anything goes …” …
Category Archives: Auction Law
Can a lot be unsold at auction?
Some questions are easier than others to answer. We think our subject question today is academic — can a lot …
The “basics” of the auction business?
I published this blog on June 6, 2018 about the auction industry losing bidders due to some illegal/unethical practices: https://mikebrandlyauctioneer.wordpress.com/2018/06/18/how-the-auction-industry-lost-at-least-one-bidder/ …
At auction … when is it “Sold!?”
It seems like a simple question — when is an item “Sold!” at auction? In a live auction, most people …
South Dakota v. Wayfair, Inc., et al.
A very material case for auctioneers at the Supreme Court of the United States was decided June 21, 2018. The …
That other bidder, and fraudulent inducement
Often perception is more important than reality; auctions in the United States are no exception. Thus, our question today is, …
How the auction industry lost at least one bidder
I testify in many auction-related cases across the United States — including in Ohio, Indiana, West Virginia, Illinois, Tennessee, Louisiana, …
Auctioneers … it’s A/B testing, not A testing
A/B testing is a useful tool to compare two different ways of doing otherwise the same thing … to see …
Absolute with bid then retraction
I more or less expected this phone call. While I’ve discussed this topic many times in classes across the United …
Auctions: Fast, Fun & Transparent
We’ve heard it many times, especially at National Auctioneers Association events. Auctions are fast, fun and transparent. Today, we explore …
Auction bidders are told they “may have won?”
You may have won your dream home? You may have won the lottery? You may be pregnant? I would suggest …
Reasonable expectation of privacy at auction
We are known for advocating disclosure in the auction business and even disclosing buyer (customers) names to sellers (clients) if …
Benefit auctions and auctioneer escrow accounts
People attend benefit auctions for a variety of reasons — but one of those reasons is typically that their contribution …
Seller bidding beyond reserve?
We start today with the fact there are [only] two types of auctions. Just as state law dictates all across …
Advertising real property at auction & fair housing
Fair housing laws generally apply to advertisements in the newspaper, online and even on yard signs. As such, auctioneers advertising …
Online-only auction starts to close … and we have a problem
In fact, we have big problem. Let’s say we have an online-only auction with 500 lots. Per state law all …
Auctioneers and antique firearms
What is an antique firearm? How are they handled differently than other firearms? What if antique firearm uses contemporary ammunition? …
How do we know online bidders are real?
This is a question we get on a somewhat regular basis … “How do we know online bidders are real?” …
Disclosing the seller can bid at auction …
An interesting phone call came in to us the other day and we’re free to share our thoughts regarding. The …
Auctioneers and felonies
Can someone with a felony conviction be licensed in regard to an occupation? Can a felon be an auctioneer in …
