Auctions: Too slow? Too fast? Order? Sequence?
Some live auctioneers sell 3 items a minute. Some live auctioneers sell 2 items a minute. Some live auctioneers sell …
Tag Archives: contract
Auction disclosures in 1-pt type?
I recently testified in yet another auction case. The issue was basically a “title issue” which wasn’t adequately disclosed (in …
Should your entire online auction be up?
The question is, for a 1,000 lot online auction, should the auctioneer wait to allow bidding (or even put the …
Title, possession, and risks
Most agree that the Uniform Commercial Code (UCC) suggests that by default, once an auctioneer says, “Sold!” title transfers at …
Steve Proffitt & Discretion
If one word is preached in auctioneer circles it’s “discretion.” For example, discretion to reopen the bid (or not,) or …
Seller bids to raise prices, not to retain title
The UCC § 2-328 has a prescribed solution to solve a seller bidding without disclosure. Basically, the high bidder (the …
Contract … and then they remove?
There may not be a personal property auctioneer focused on estates, guardianships, and downsizing type auctions that hasn’t signed a …
Auctioneers & trade fixtures
Auctioneers sell many personal property items from commercial and residential improvements, where either the owner or tenant has installed those …
“AS IS” and who’s the buyer?
We frequently talk about auction-related contracts and more so recently on waving expressed and implied warranties. Of course, we’ve recommended …
No sale and that “second auction”
We’ve seen it more than once. Property sells for millions of dollars at auction, and the buyer (the high bidder) …
Bidder know? Hear? Understand?
Case law for auctioneers is important. Since 2010 we’ve taught such classes across the United States and auctioneers tell me …
Create your own marketplace?
I’m hearing it every day — pretty much all day — from auctioneers all over the country, and certainly from …
Auction bidders and “inquiry notice”
“Bidders at an auction ought to know that there are rules — terms and conditions — for the auction and …
Sell absolute and end up in court?
I hear this on a somewhat regular basis … “Don’t hold absolute auctions so you can stay out of court.” …
Disclosing stigmatizations?
Many who sell real property at auction are required to disclose all known (should have known) material (latent) facts about …
Auctioneers, the law says … and
Treat sellers, bidders, and buyers with good behavior? Endeavor to be fair and reasonable? Are these good thoughts to have …
National Auctioneers Association makes data ownership statement
The National Auctioneers Association (NAA) recently surveyed their membership and found that 70.4% of members use a third-party vendor to …
A quick reference: when the auction buyer …
Auctioneers and their sellers occasionally encounter issues with buyers. Mostly these issues involve (personal property) possession and/or payment. When buyers …
Consensus of value at auction
We’ve not only written about how auctions are collaborative in nature, but that auctioneers and sellers really only need the …
Can Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach be overridden?
We previously wrote about Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach, 844 S.E.2d 120 (W.Va. 2020) …
Mike Brandly, Auctioneer Blog 