No auction works unless …
See, that marketplace auction platform didn’t work. However, it is the platform or is it the auctioneer? Let’s explore. In …
Category Archives: Auction Law
Probably unenforceable auction terms …
They get copied, and copied, and copied … and auctioneers really don’t pay any attention because it’s what some other …
Auctioneers … would a space or two help?
I’m viewing an online auction on my phone (as most do) and I realize space is a premium. Yet, I …
Reserve auction needs reserves?
The argument for with reserve auctions goes like this: The counterargument (without reserve) for many other auctioneers goes like this: …
Auctioneers: “I shouldn’t be required to take CE”
There are auctioneers in the United States arguing they should not be required to take any continuing education (CE) as …
Who should interpret auction licensing law?
There’s an interesting trend underway in the United States … where states and courts are considering (and ruling) that the …
Auctioneers are being misled…
Time and time again, auctioneers are trying to find the “right platform” to use for their online auction. Their concerns, …
Buyer’s premiums can help sellers
You are an auctioneer and you don’t charge a buyer’s premium. Why not? I continue to hear that charging such …
Auctioneer says, “I’m just bid calling …”
I’ve heard for years in regard to firearm laws and many other topics, auctioneers desiring to disclaim any responsibility say …
You can charge a buyer’s premium …
Auctioneers who charge a buyer’s premium are being told they shouldn’t be charging a buyer’s premium. Maybe auctioneers who solely …
A BP is not a disservice to a seller
Buyer’s premiums have been used in the United States since 1977. There are very few — if any — online …
Auctioneers, 501(c)(3)’s, Firearms
The selling of firearms by auction is highly regulated. The federal government dictates there is [typically] only one scenario where …
White-label platforms outperform marketplaces?
This is being proposed by largely white-label platform users — that their non-marketplace platforms outperform marketplace platforms. From talking to …
Does the UCC [§ 2-328] only apply to “auctioneers?”
The Uniform Commercial Code § 2-328 is titled “Sale by auction.” It appears the drafters assumed anyone who is selling …
We don’t sell those so we … throw them away?
Auctioneers are typically agents for sellers. As such, the seller puts their property in the hands of the auctioneer and …
More on auction contract assignability
We wrote that bid-calling contracts are assignable focusing on the bidder’s (or buyer’s) ability to assign their equity to another …
United States v. Barry D. Dyer, Mackie E. Shelton
In the case, United States of America v. Barry D. Dyer, Mackie E. Shelton 1:21-CR-00016-GNS, these two defendants were accused …
Are bid-calling contracts potentially assignable?
Given that auctioneer bid calling (and online “bid calling”) obviously creates contracts, our question today involves if a high bidder …
Auction bid calling creates contracts
Yes, absolutely, live bid calling (and even online auctions) create contracts. One such contract is when the auctioneer (or software) …
Auctions and a “level playing field”
It’s unfortunate that yet again we have to note that horrible advice was fortunately countered by the West Virginia Supreme …
Mike Brandly, Auctioneer Blog 