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Mike Brandly, Auctioneer Blog

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Tag Archives: disclaim

Except whatever else we express?

March 15, 2023

Could an auctioneer say that except for what he expresses (at a certain time) buyers cannot rely on anything else …

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May attempt to describe?

July 14, 2022

We’ve noted that auctioneers cannot disclaim expressed warranties, and shouldn’t disclaim implied warranties, but many mistakenly continue to do both. …

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As is — what it is and what it isn’t

September 3, 2021

There likely isn’t an auctioneer on earth who hasn’t uttered the words, “as is” regarding how bidders are buying property …

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Can auctioneers disclaim what they tell you their sellers said …?

July 5, 2021

We previously wrote that auctioneers cannot disclaim express (expressed) warranties. That treatise involving the UCC § 2-316 is here: https://mikebrandlyauctioneer.wordpress.com/2021/06/21/can-an-auctioneer-disclaim-an-express-warranty/. …

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Can an auctioneer disclaim an express warranty?

June 21, 2021

The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can …

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Unnecessary risk & really bad advice

June 3, 2021

Ever eat at a McDonald’s? I bet most auctioneers have at least once, if not more. I’ve eaten at one …

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Good faith, diligence, reasonableness, and care

April 22, 2021

Or, if you prefer, I suppose, “Bad faith, negligence, unreasonableness, and carelessness?” As a frequent auction expert witness (over 40 …

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On any given Sunday …

April 18, 2021

As one who teaches classes to auctioneers all over the United States, one thing stands out: Many auctioneers are looking …

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Auctioneer: I’m lying but you know it?

March 29, 2021

Could an auctioneer lie about what is being sold, the high bid, shipping charges, provenance, and a bunch of other …

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Auctioneers disclaiming everything?

May 21, 2020

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 …

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Coronavirus & auctioneer disclosure

April 20, 2020

It’s always been prudent for auctioneers to disclose any latent and/or hazardous conditions about property they are putting up for …

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Auctioneer disclaimers

May 23, 2012

Auctioneer disclaimers are as common as actual auctions. For centuries, auctioneers have “disclaimed” certain responsibilities in their auction terms and …

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