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Mike Brandly, Auctioneer Blog

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Tag Archives: disclaimers

No auction works unless …

May 25, 2023

See, that marketplace auction platform didn’t work. However, it is the platform or is it the auctioneer? Let’s explore. In …

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Auctioneer says, “I’m just bid calling …”

May 1, 2023

I’ve heard for years in regard to firearm laws and many other topics, auctioneers desiring to disclaim any responsibility say …

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“AS IS” and what it is, maybe is, or isn’t

February 13, 2023

Let’s say this picture is an actual fork, marked “sterling silver.” Sterling silver here in the United States is generally …

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Auctions and parol evidence

November 18, 2022

We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from disclaiming …

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“AS IS” and who’s the buyer?

September 8, 2021

We frequently talk about auction-related contracts and more so recently on waving expressed and implied warranties. Of course, we’ve recommended …

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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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The dangers of “absolute discretion”

February 23, 2021

Tom is an auctioneer who takes various live and online classes on the subject of “auctioneering,” surveys the Internet for …

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Are auctioneers intentionally misleading buyers?

February 17, 2021

I’ve probably written about this issue more than any other. The question is essentially “Why are auctioneers intentionally misleading buyers?” …

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Can auction bidders be held to things they don’t read?

December 24, 2020

We have held that by registering for an auction — live and/or online — that such constitutes a contract. We …

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Seller’s tolerance for risk

September 1, 2020

We’ve held for many years that all bidders at any auction need to adhere to the same terms and conditions. …

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What are “Auction prices?”

August 11, 2020

Of course, we know that “Auction prices” are the prices obtained at public auctions. Our question is more so … …

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Happy buyers = happy sellers?

August 3, 2020

Could happy buyers mean happy sellers? Not “happy” that they got a good deal necessarily, but happy with the process …

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Auctioneer at a laundry

July 1, 2020

I had reason to stop in briefly to this laundry near our auction house. Probably not unlike countless small-town laundries …

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Magical auctioneer disclaimers

June 12, 2020

Yes, I used the term “magical disclaimers” where I suggested live auctioneers aren’t likely secure from potential (or actual) liability in regard …

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Auctioneer immunity?

June 9, 2020

Is there such a thing as “auctioneer immunity?” I can’t find a reference to any federal or state law, but …

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Auctioneers, claims and insurance

May 29, 2020

Everyone is “sue-happy?” Sure, that the entire problem; so auctioneers need disclaimers, waivers and assignments … and insurance. Of course, …

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The fallacy of tort claims and all these disclaimers

May 28, 2020

Your attorney has told you that you as an auctioneer need all these disclaimers in your contracts and terms & …

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What causes [auctioneer] bad behavior?

May 23, 2020

How many parents have wondered what causes (or caused) their childrens’ bad behavior? Who wouldn’t say it was likely a …

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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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