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 …
Tag Archives: contract
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) …
A common law adhesion standard
I wonder if these six points below sound familiar to any auctioneer in regard to their buyer registration terms and …
Can an auctioneer disclaim an express warranty?
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can …
Bidders agreeing or contracting?
We’ve held here on this platform and otherwise that an “agreement” and a “contract” are essentially the same things — …
Commissions, fees, and uncertainty
Auctioneers take on a number of diverse projects — maybe contract bid calling one day, cleaning and readying farm equipment …
On any given Sunday …
As one who teaches classes to auctioneers all over the United States, one thing stands out: Many auctioneers are looking …
One lot, multiple owners, at auction
We had been in the auction business only a few months when we received a telephone call from Larry who …
Hollow illusions at auction
There is very little that gets the attention of an auction buyer more than being awarded the property (the “bid”) …
Contractual (tortious) interference
There are probably not too many college football fans who don’t remember the 2003 double-overtime Fiesta Bowl — OSU 31, …
Sending out to an expert?
Hailey is an auctioneer in Vermont who sells primarily sports memorabilia. Her auctions include basketball, football, baseball, hockey, and a …
Auctioneer purchased my items — do I still pay commission?
A recent caller asked me, “If the auctioneer purchased my items, do I still pay commission?” My answer was, “Yes, …
Legal advice without the “the rest of the story …”
“Yes, you can make a right turn there …” was not the best advice for motorists as the interstate had …
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 …
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 …
Contract provisions — the foreseen vs the unforeseen
We previously wrote about force majeure clauses in regard to unforeseen circumstances — for instance war, strike, riot, crime, plague, …
Sharing auctioneer contracts …
Auctioneers have lots of questions about contracts. We’ve suggested there are basically three (3) types of auctioneer-related contracts: (1) auctioneer/seller …
The Kentucky “Tie Bid” mess
We’ve argued that “tie bids” don’t (can’t) exist, and many delight in reminding everyone that they do exist in Kentucky …
