Auctions and parole evidence
We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from disclaiming …
Previous articles
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 …
Auctioneer evolution?
I’ve seen this graphic many times … we auctioneers started out as apes? Well, maybe not, but more recently we …
Auction [license] law principles
In states which license occupations, and in particular auctioneers and auction activity, the law essentially gives permission to conduct auction …
“Buy at your price” … or not.
Let’s see … I can buy “this” property for my price so I’m thinking I can determine the price. Of …
50,000 different websites? Really?
I admit I was one of the first auctioneers to denounce large online platforms — as I held they were …
Regardless with a suggestion?
We’ve sold an immense amount of property at auction — absolute to the highest bidder. In other words, those sellers …
Auctioneers & Agency
No agency exists unless created — and what creates it? Knowledge of the relationship, and consent to it. Agency begins …
What’s the bidder’s consideration?
We see auctioneers somewhat routinely noting that bidders’ bids once placed (accepted) can’t be revoked nor withdrawn — in other …
Absolute auction? Nope.
Yes, this was the claim. For any auction — once a bid is placed — that constitutes a minimum bid …
Worth? Estimate? Value? Guide?
Do all these words mean the same thing? I believe this item is worth $140,000? I estimate this at $140,000? …
Agree to terms, and the terms change
We really don’t have to wonder, do we? For example, an auctioneer posts online auction terms and conditions (terms), and …
Auction bidder banning policies
We have written many times about how auction registration policies need to be fixed prior to the auction event and …
That highest (not yet) bid
Auctioneers want to maximize the bidder pool. In doing so, many of us are allowing online bids either placed in …
Auctioneers and/or real estate agents
There are maybe (as we believe) 50,000 auctioneers in the United States. The Association of Real Estate License Law Officials …
Courts interpreting “explicit”
We’ve held that a “bright line” defining when an auction is absolute or without reserve is horrible for the auction …
Auctioneer CE: states or associations?
Some states require auctioneer continuing education (CE) — and auctioneers complete it or lose their licenses to practice. Some state …
Absolute auctions and “de minimus”
Absolute auctions, by definition, involve selling to the highest bidder. So, if an auctioneer has a current bid of $750,000.00 …
Using “absolute” to define a reserve?
Where in the United States can an auctioneer legally say, “This is selling absolute over a minimum bid of …?” …
Explicit bright lines and auction malpractice
In a recent case before the Supreme Court of Virginia, parties discussed when an auction is with reserve and when …
Mike Brandly, Auctioneer Blog 