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 …
Tag Archives: Auction Law
Auctioneer evolution?
I’ve seen this graphic many times … we auctioneers started out as apes? Well, maybe not, but more recently we …
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We see auctioneers somewhat routinely noting that bidders’ bids once placed (accepted) can’t be revoked nor withdrawn — in other …
Auction bidder banning policies
We have written many times about how auction registration policies need to be fixed prior to the auction event and …
Types or versions of auctions?
Yes, we’ve held for as long as I have been in the auction business that there are two types of …
Auctioneers: The expression of one …
In the case known as United States v. Barnes, 222 U.S. 513 (1912) (Supreme Court of the United States) the …
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. …
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 …
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 …
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 …
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 …
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 …
Must, shall, should, will, may …
Auctioneers are confronted with any number of laws. Legislators author bills that become law when a governor or the President …
Properly setting up … buy backs?
I know it happens, particularly in the online auction world, but the public (other bidders) detest the practice. You consign …
Variation by agreement, not uniform
We regularly write to [attempt to] help auctioneers stay out of court, rather than attempting to win in court, or …
What is a “priceless” auction item?
What is a “priceless” auction item? Could an auctioneer exclaim, “This item is priceless?” What are the implications of such, …
Mike Brandly, Auctioneer Blog 