The dangers of “absolute discretion”
Tom is an auctioneer who takes various live and online classes on the subject of “auctioneering,” surveys the Internet for …
Category Archives: Contract law
An auction platform is free for buyers and sellers?
Nothing quite gets people’s attention more than the word, “free.” Of course, there is another phrase that gets considerable attention …
Auction fees included and/or added?
Many auctioneers charge a buyer’s premium — for instance, if you bid $10,000 for an auction purchase, with a 10% …
Are auctioneers intentionally misleading buyers?
I’ve probably written about this issue more than any other. The question is essentially “Why are auctioneers intentionally misleading buyers?” …
I’m known for not selling …
We previously wrote about auctioneers specializing here, where auctioneers only sell a certain type of property: https://mikebrandlyauctioneer.wordpress.com/2021/02/12/im-known-for-selling/. Today, we explore …
Treating bidders with honesty, integrity, and fair dealings?
Nope. We just can’t do it. Auction bidders aren’t owed any honesty, nor integrity, and certainly not fair dealings. On …
I’m known for selling …
Many auctioneers tend to specialize. For instance, maybe an auctioneer chooses to only sell coins, or only sell pottery, or …
Auctions, disclosure, patent & latent
We’ve held that auctioneers should disclose all known material facts concerning any property they are putting up for auction. This …
Auction crowd size, wallet size
Auctioneers always want a big crowd — the number of people standing there and/or the number of bidders registered online. …
Auctioneers: Memes are unreliable
I must see 100’s of memes on my average day. The ones involving mathematics usually get my attention since I …
An obligation to disclose?
Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care. …
Could posting false information have consequences?
Our question is simply, “Could posting false information have consequences?” The easy answer is, “yes.” A follow-up question to that …
How qualified should that bidder be?
These two women want to register for your auction. What should they have to provide you as an auctioneer in …
Auctioneers: When is a lack of evidence … evidence?
I majored in Mathematics at The Ohio State University. One of my several particular interests in math was prime numbers. …
Auctioneers speaking about health
Some days I wake up and think … am I in another country? Maybe I’ve been transported to a different …
You’re not advertising my auction on Facebook?
We discussed a few months ago the issue of auctioneers not advertising their auctions in certain places because they disagree …
Is bidding at auction protected free speech?
Auctioneers have argued in Tennessee that online auctions cannot require a license (be burdened by a government license) because the …
Auctioneers and judicial review
Auctioneers, albeit infrequently, find themselves in court. The issues could constitute a myriad of things including licensing laws prescribed by …
Are we really getting market value?
Previously, we suggested if you as an auctioneer keep selling to the same people all the time, you might not …
You have a database of what?
An auctioneer told me he had a database of 30,000+ … what? He said, “buyers” but I’m not convinced. In …
