Auctioneers “Can too …” defenses
I was discussing an auctioneer’s question the other day and I told him, “You can’t do that.” His reply? “I …
Tag Archives: Auction Law
Auctions, fairness and equity
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) was a case in New York where the seller of …
Title transfers on, “Sold!?”
The default position of the Uniform Commercial Code appears to say that title is transferred at auction upon, “Sold!” It’s …
Auctioneers, claims and insurance
Everyone is “sue-happy?” Sure, that the entire problem; so auctioneers need disclaimers, waivers and assignments … and insurance. Of course, …
The fallacy of tort claims and all these disclaimers
Your attorney has told you that you as an auctioneer need all these disclaimers in your contracts and terms & …
Auctioneers: What does this sign say?
There seems to be substantial disagreement in the auction community regarding what this sign says. Actually, there appear to be …
As-is with inspection or return policy if not
We have written and spoken about the absolute lunacy of selling “as-is” and “where-is” and not allowing any previews of …
Start the auction or commence private treaty?
An absolute auction is — by definition — “The genuine intent to transfer to the highest bidder regardless of price.” …
Some people just don’t know that they don’t know
I’ve stated a related premise of this story — that most, if not all of us — do not know …
Auctioneers and keeping your premises safe
You are an auctioneer hosting an auction at a location in your town. It’s a hardware store liquidation, held at …
Auctioneers disclaiming everything?
We’ve written about auctioneer disclaimers several times, including this treatise in 2012: https://mikebrandlyauctioneer.wordpress.com/2012/05/23/auctioneer-disclaimers/. We noted in that 2012 article, “If …
An auction net listing
Net listings are where the agent and seller agree that the agent’s compensation will be any amount over a certain …
Does auctioneer licensing or membership matter?
Typically my phone rings, and it’s attorney asking if I have a few minutes. In most cases in that initial …
Just because you can, doesn’t mean you should
There is a wide world open to auctioneers to do lots of things. Yet, we ask today if just because …
Can online auctions make up for lost live auction revenue?
Most in the art-auction world don’t think so. Given the lack of live auctions, many prominent art auction houses (Sotheby’s, …
Can auctions misrepresent supply?
Many conclude that supply and demand determine value. Auctioneers are to endevor to maximize demand with a given supply to …
I’m from the … and I’m here to help auctioneers?
We recently wrote about “boiling frogs” and the auction industry here: https://mikebrandlyauctioneer.wordpress.com/2020/05/04/what-auctions-have-always-been-boiling-frogs/. Our story was in response to the insightful …
“As-is” and the right to inspect
There’s been a tad of discussion lately about auctioneers selling “as-is” and not affording the bidders/buyers any right to inspect …
Could you lose your auctioneer’s license for defiance?
It’s all too common that I see, “The Governor can’t tell me …” or “This is governmental overreach …” or …
I’m not responsible for anything …
Early in my career, I worked for Jack B. Smith, Auctioneer in Columbus, Ohio. Jack held mostly on-site auctions around …
