Which is better for the seller? Absolute? With reserve?
There are dozens of academic research papers (and maybe not many more) concerning with reserve auctions versus without reserve (absolute) …
Category Archives: Contract law
National Auctioneers Association makes data ownership statement
The National Auctioneers Association (NAA) recently surveyed their membership and found that 70.4% of members use a third-party vendor to …
A quick reference: when the auction buyer …
Auctioneers and their sellers occasionally encounter issues with buyers. Mostly these issues involve (personal property) possession and/or payment. When buyers …
Auctioneers celebrating diversity
I grew up in Preble County, Ohio less than one mile east of the (Indiana/Ohio) State Line Road. Growing up, …
Consensus of value at auction
We’ve not only written about how auctions are collaborative in nature, but that auctioneers and sellers really only need the …
The three big auction warranties
Steve Proffitt wrote in 2007 that there were at least three warranties made in auctions, as provided for in the …
Can auctioneers disclaim what they tell you their sellers said …?
We previously wrote that auctioneers cannot disclaim express (expressed) warranties. That treatise involving the UCC § 2-316 is here: https://mikebrandlyauctioneer.wordpress.com/2021/06/21/can-an-auctioneer-disclaim-an-express-warranty/. …
When to sell that “best item?”
We’ve written that you as an auctioneer should have an “order of sale” and of course, most auctioneers do. We’ve …
Auctioneers: win or lose, you lose
It appears to some people that if I list a dozen lawsuit citations, all pointing out that courts around the …
Can Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach be overridden?
We previously wrote about Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach, 844 S.E.2d 120 (W.Va. 2020) …
A common law adhesion standard
I wonder if these six points below sound familiar to any auctioneer in regard to their buyer registration terms and …
Can an auctioneer disclaim an express warranty?
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can …
Court cases and one important lesson
… in 2015 the Superior Court of the State of California (Orange County) in a jury trial found that the …
Anomalist Auctioneers
I’ve only used the term once before on this platform. Generally, people use the word, “anomalist” for 2-3 different circumstances, …
Unnecessary risk & really bad advice
Ever eat at a McDonald’s? I bet most auctioneers have at least once, if not more. I’ve eaten at one …
United States v. Blair, 193 F.2d 557 (10th Cir. 1952) Revisited
We’ve written prior about United States v. Blair, 193 F.2d 557 (10th Cir. 1952) and United States v. Weisbrod, 202 …
Bidders agreeing or contracting?
We’ve held here on this platform and otherwise that an “agreement” and a “contract” are essentially the same things — …
Did you really agree with (to) those terms?
Bidders don’t read. Bidders don’t understand. Bidders ignore what we tell them. Yet, we auctioneers write our own terms and …
Every auctioneer in court hears …
After sitting in courtrooms around the country, helping attorneys and their clients in auction litigation cases, I have to say …
What is an “order of sale?”
Countless auctioneers announce (expressed) or post (expressed) or suggest (imply) some sort of “order of sale” at the start of …
