Auctions and the “previous” bidder
All too often, a high bidder retracts his bid, and the previous bidder is made the high bidder without his …
Category Archives: Contract law
Who are we working for?
I wonder sometimes. Are we real estate (real property) auctioneers working for our client’s best interest or our own? We’ve …
When you’re selling “high-valued” assets
If there’s been one consistent message I’ve tried to deliver over the past 10 years or more — it’s that …
Can (and do) auctioneers change the “size” of the “ask?”
The short answer is, “yes.” Relatedly, this has been going on for as long as auctions have been used to …
Apparently little known bid calling basics
If you have participated in a live or online auction, the auctioneer’s “chant” nor the online platform is generally placing …
What “Sold!” doesn’t have — a dispute
In the case of Kline v. Fineberg, 481 So. 2d 108, 109 n.1 (Fla. Dist. Ct. App. 1985) the court …
The cost of that “one more” bid …
The argument is, essentially, if an auctioneer is to maximize price for the seller, and a bid comes in “while …
Social media and Proverbs 20:14
We sold lots of real and personal property at live auctions for decades, until our first online (simulcast) auction was …
Auctioneers … and for no reason at all?
We recently wrote about auctioneers reserving unilaterally to decline any bid and any bidder — apparently, even a registered bidder …
Auctioneer reserves the right to reject any bid?
More specifically, “Auctioneer reserves the right to reject any bid from any bidder?” We would ask, does “bidder” mean “registered …
Your platform is [just] your competition
I freely admit that when auction platforms started to appear, I (and many others) decried their plans … to possibly …
Buyer inspection & UCC § 2-316
Auctioneers often inquire if one can sell “as-is” (AS IS) without offering the bidders/buyers the opportunity to inspect the property …
Auction bright lines and a noteworthy footnote
We’ve written before that denoting an absolute auction requires the use of “absolute” or “without reserve” — and no other …
Who is the [auction] seller?
I was testifying in an auction case, and told the presiding judge that “Anyone can bid at an absolute auction …
Is E&O insurance enough? It’s not
Every auctioneer today needs enough insurance. Every auctioneer also needs to be operating in a proper business structure to help …
Auctioneers … and “I still don’t believe it”
I was sitting with an auctioneer in an attorney’s office in 2011 going over his case and how I could …
Auctioneer limits the bidding?
I’m not sure why. I’m fairly sure it’s not a good idea. Would any auctioneer know that not one single …
Can an auctioneer disclaim an implied warranty?
Are you disclaiming implied warranties in your terms and conditions? You might be. Your terms note such and your attorney …
Auctions and parole evidence
We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from disclaiming …
Anything I say is not binding?
Let’s just say that an auctioneer’s terms note: Buyer agrees that any oral representation made by the auctioneer shall not …
Mike Brandly, Auctioneer Blog 