Is there customary “bad” practice?
We have written about three (3) distinct standards that auctioneers are held to in court proceedings or by regulatory agencies: …
Category Archives: Contract law
What? Your vendor raised prices?
Auctioneers can’t ever seem to believe it … a vendor raised prices. It could be software, a platform’s sell-through, training, …
Auctioneers, misinformation, disinformation
Auctioneers are typically well-known in their communities, and some are even known regionally or nationally. As such, it’s best we …
Sotheby’s BP increase? Or not?
Sotheby’s announced recently they were instituting a new “Overhead Premium” of 1% on the hammer price to cover: The overhead …
Auctioneers with stuff leftover …
The question regarded personal property left at an auction house that didn’t sell because the final bids did not meet …
Seller’s tolerance for risk
We’ve held for many years that all bidders at any auction need to adhere to the same terms and conditions. …
Contractual (tortious) interference
There are probably not too many college football fans who don’t remember the 2003 double-overtime Fiesta Bowl — OSU 31, …
Auctioneers, race & color
A typical bidder in the United States at an auction in 1920 was a White male. Here in 2020, that …
Absolute over $500,000?
Absolute auctions attract far more attention than with reserve auctions. Thus, auctioneers understandably use the word “absolute” and the like …
Purpose of the MLS for auctioneers
The real estate profession (members) in the United States has a database commonly termed “the MLS.” This database contains listings …
More on COVID-19 magic waivers
It seems no matter the issue, some people always assure everyone all we need is yet another disclaimer and/or waiver …
Auctions and “time is of the essence”
Some live auctions even today sometimes involve very little technology in regard to payment and/or delivery. Online auctions intrinsically necessitate …
Failure to pass the background check
I viewed an auction where in the terms and conditions regarding a firearm noted: “Failure to pass the background check …
‘Absolute’ or other expressions
Outside of Louisiana, all auctions are “with reserve” by default. That is, they are with reserve unless explicitly denoted as …
You can … so you should?
I continue to see it over and over … “You as an auctioneer can …” and then radio silence. A …
A $1,000,000 reason to …
One might ask, “Do auctioneers need to treat all bidders the same, other than ‘price’?” In other words, do we …
Successful online auctioneers
James Fuller-Thompson recently wrote a steller analysis titled, “The 7 Habits of Highly Successful Online Auctioneers” The link to that …
What are “Auction prices?”
Of course, we know that “Auction prices” are the prices obtained at public auctions. Our question is more so … …
Auctioneers, adjectives, and adverbs
The political climate is truly changing our (auctioneers’) language. I continue to hear it again and again and again and …
Clear title at auction
Bidders have a right to assume whatever they are buying at auction has clear title. What do we mean by …
