Bad weather draws crowds?
There’s somewhat of an old saying in the auction business: “The worse the weather, the bigger the crowds …” The …
Category Archives: Auction Law
Auction buyer wants to remain anonymous
“Sold! [for $] to buyer number 973 (who is holding her bid card up high in the air)” … everyone …
Auctioneers not producing records
Many auctioneers licensed by the state in which they operate are required to maintain records (contracts, advertising, settlement statements, etc.) …
Banning your (or their) past bidder?
Auctioneers sometimes ban bidders — prohibiting them from participating in subsequent auctions. As well, sometimes auctioneers use ratings to decide …
Maybe auctioneers shouldn’t lie … at all?
At auction, sellers or those acting on behalf of the seller can make (place/offer) bids to the auctioneer. Does current …
1965 Chevrolet Impala sells at auction … again
There was a somewhat curious auction and follow-up auction of the same car — first in 2013 and then again …
Customary practice, industry standards and commercial reasonableness …
My phone rings — or I’m otherwise contacted — almost every day from either a seller, bidder/buyer, auctioneer and/or attorney. …
Is there any way to predict and prevent shill bidding?
We wondered if there has been any research on shill bidding. There’s been lots. In fact, search the Internet for …
United States v. Weisbrod, 202 F.2d 629 (7th Cir. 1953)
Today, we look at details from a somewhat less famous auction case known as United States v. Weisbrod, 202 F.2d …
Is all auction advertising good news?
I look at many auction advertisements almost every day. For example, I’ll see a car advertised for auction with a …
“Sold!” shouldn’t be a lie
Here’s the problem. The law allows (but does not require) auctioneers to lie. We can indeed say, “Sold!” (in certain …
The costs and benefits of reopening or not reopening the bid
I think it’s often not seeing the forest for the trees? Yes, auctioneers can reopen the bid (in very specific …
Auctions which are — or not — fair, balanced, reasonable
What would fair, balanced and reasonable auction terms and conditions look like? What does current law say about that? The …
United States v. Blair, 193 F.2d 557 (10th Cir. 1952)
This somewhat regularly cited case United States v. Blair, 193 F.2d 557 (10th Cir. 1952) has been used to substantiate …
John Stephen Proffitt III and your right to reopen the bid
John Stephen Proffitt III (widely known as Steve Proffitt in auction circles) — attorney at law and auctioneer — proposed …
Auctioneers and Second Amendment sanctuary regulations
Second Amendment sanctuary refers to resolutions adopted by some jurisdictions in the United States to not expend resources to enforce …
Can auctioneers be presumed guilty?
The famous Supreme Court of the United States case Coffin v. United States, 156 U.S. 432 (1895) and numerous subsequent …
“The chant is not important”
J. Stephen Proffitt III, Esq. (commonly known as Steve Proffitt) said it. I found such in a state auctioneer magazine …
Auctioneers representing property
There are all kinds of representing … proper representing, under-representing, over-representing, not representing, misrepresenting to name most of them. What …
An auctioneer and the “just joking” defense
It hadn’t occurred to me until the other day when I saw posts on Facebook concerning Time Magazine. Indeed some …
