Auction laws that are vague
I’ve repeatedly held that state and federal legislatures (and relatedly governors/presidents) aren’t terribly good at writing law, which is often …
Previous articles
May attempt to describe?
We’ve noted that auctioneers cannot disclaim expressed warranties, and shouldn’t disclaim implied warranties, but many mistakenly continue to do both. …
No liability for accuracy, errors, or omissions?
Let’s see … an auctioneer is selling some real property at auction. He advertises that this subject property is about …
Is a with reserve auction better for the seller?
Auctioneers often ask if there is any “proof” absolute auctions produce the highest prices for sellers. While there isn’t a …
What is “scheduled maintenance?”
We ask a somewhat rhetorical question this morning … what is “scheduled maintenance?” Of course, it’s two things: “Scheduled” and …
Seller wants to (should) sell absolute …
Our question today is: “Would an auctioneer accept a seller’s property for auction and sell it absolute if the seller …
Right of Refusal vs. Reserve Bids
I have noted that Daniel P. West has linked to my blog once if not more times and I appreciate …
What if the buyer says he never received?
With more and more shipping of auction purchases, auctioneers occasionally discover that buyers will report they never received their purchase. …
Your seller “seeing the market?”
Many auctioneers have told me that their favorite type of “with reserve” auction is a seller-confirmation auction — a right …
Auctions, equal footing, binding alike …
Do we as auctioneers have to treat all bidders to the same terms and conditions — in other words, equal …
Auctioneers … does shipping matter?
As more auctioneers are selling online, and consumer expectations now include shipping even in many live auction events, auctioneers must …
Are Auctioneers Third-Party Settlement Organizations?
With recent changes to 26 U.S. Code § 6050W lowering the threshold for transaction reporting requirements from $20,000 to $600 …
How to win an online auction
It’s supposed to be easy … and most of the time it is. However, things happen: The Internet goes down, …
At an auction, it “appears” to be …
I’ve said it, primarily because I had heard other auctioneers say it when I attended auctions as an adolescent. For …
Auctioneers claiming “sole discretion”
Auctioneers like having a lot of discretion. Steve Proffitt held auctioneers should have little or no discretion and I tend …
Auctioneers should and shouldn’t
If I have used a guiding principle in my business as well as writings on this platform, I would say …
Settling an auction the day of auction?
One of the first auctions I worked in Columbus, Ohio was a personal property auction conducted by Jack B. Smith, …
Is it what the auctioneer said it is?
We have written lately and otherwise about auctioneers saying something is “something” and then disclaiming that this same property is …
Irreconcilable E&O Disclaimers
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling a …
Auctioneer escrow accounts
We would suggest every auctioneer has an escrow account (sometimes called a special account or trust account) for other people’s …
Mike Brandly, Auctioneer Blog 