Steve Proffitt & Discretion
If one word is preached in auctioneer circles it’s “discretion.” For example, discretion to reopen the bid (or not,) or …
Category Archives: Auction School
Seller bids to raise prices, not to retain title
The UCC § 2-328 has a prescribed solution to solve a seller bidding without disclosure. Basically, the high bidder (the …
You don’t conduct absolute auctions?
Auctions are of two distinct types: “With (some sort of) reserve, or without (any such) reserve, also known as “absolute.” …
An auctioneer court-ruling guide …
This issue really isn’t that complex, yet some still don’t seem (and/or refuse) to understand. This “court case” said this, …
Contract … and then they remove?
There may not be a personal property auctioneer focused on estates, guardianships, and downsizing type auctions that hasn’t signed a …
Highest “bona fide” bidder?
It’s been said (even memorialized in some state law) that at an absolute (without reserve) auction, the seller has the …
Auctioneers: This could happen to anyone
You type in the “address” bar the website you want, and it’s not there. You see that your online auction …
Can a potential bidder sue for being denied?
Our question today involves if a potential bidder at your auction can sue you in response to you denying his …
Auctioneers & trade fixtures
Auctioneers sell many personal property items from commercial and residential improvements, where either the owner or tenant has installed those …
Auctioneers and “times the money?”
For centuries auctioneers have — with a number of similar (or nearly identical) items — sold them “all for one …
Auction Expert Witness Reports
I find myself sitting in a conference room with 7 attorneys — all with the same firm. We’re discussing the …
Following the law or your own law?
Is it okay to drive 70 miles per hour in a 70 miles per hour zone? Generally, yes, unless circumstances …
Auctioneers and when the circumstances indicate otherwise …
Disclaiming warranties of merchantability and fitness for a particular purpose can be tricky business. As we previously have held, “unless …
Auctioneers, freedom, and liberty
Increasingly, it appears [Coronavirus] vaccines and auctioneers don’t mix. “It’s my body …” or “It’s a hoax …” or “There’s …
Conspicuous auction disclaimers
Technically, the UCC § 2-316 says that certain disclaimers must be conspicuous and other disclaimers possibly do not. However, laws …
We shouldn’t let bidders retract their bid?
We as auctioneers shouldn’t let bidders retract a bid once made? In other words, the highest bid (and bidder) as …
“AS IS” and who’s the buyer?
We frequently talk about auction-related contracts and more so recently on waving expressed and implied warranties. Of course, we’ve recommended …
Are you selling “AS IS” or “as is?”
Are you an auctioneer who’s selling property “AS IS” or “as is?” It likely makes a difference. Today, we discuss …
As is — what it is and what it isn’t
There likely isn’t an auctioneer on earth who hasn’t uttered the words, “as is” regarding how bidders are buying property …
No sale and that “second auction”
We’ve seen it more than once. Property sells for millions of dollars at auction, and the buyer (the high bidder) …
