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 …
Tag Archives: Auction Law
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, …
Only the first sentence of § 1-302?
The Uniform Commercial Code § 1-302 titled “Variation by Agreement” clearly says (emphasis added:) (a) Except as otherwise provided in …
Berry v. The New Gainesville Livestock Auction
We were forwarded notice of the case of Byron Berry, Appellant v. The New Gainsville Livestock Auction, LLC, Appellee heard …
17 ways to avoid unnecessary risks
We’ve been writing and commenting regarding risk in the auction business on this platform since 2009. As a frequent auction …
Buyer’s Premium in the contract
Auctioneers all over the United States charge a buyer’s premium (buyer’s fee or surcharge in Wisconsin) and many have such …
Don’t be the next auction test case
My friend Mike Hanley, Auctioneer wrote an inciteful analysis regarding the Alex Lyon & Son, Sales Managers and Auctioneers, Inc. …
Auctioneers Can? May? Should? Must?
Words auctioneers should be careful to discern. Can? May? Should? Must? As well, there’s Can’t, May not, Should not, and …
A curious story and UCC § 2-401(3)
Auctioneers call me all the time. I’m truly humbled many are inquiring how they can stay out of court, rather …
“Anyone” can register and we’ll sell to “anyone?”
I walked out of my last day of auction school many years ago … and among my many fond memories, …
Absolute, but we might not close
There’s no better way to maximize price at auction than selling at absolute auction. What is an absolute auction? It …
Lyon, Leach, Lerch & “fair dealing”
We have held that bidders register with the auctioneer (and/or seller) to earn the right to participate in an auction. …
Commercially reasonableness in court
I’ve held that “commercially reasonable” is a noble standard to adhere to as an auctioneer. Included in such is the …
Mike Brandly, Auctioneer Blog 