No auction works unless …
See, that marketplace auction platform didn’t work. However, it is the platform or is it the auctioneer? Let’s explore. In …
Tag Archives: disclaimers
Auctioneer says, “I’m just bid calling …”
I’ve heard for years in regard to firearm laws and many other topics, auctioneers desiring to disclaim any responsibility say …
“AS IS” and what it is, maybe is, or isn’t
Let’s say this picture is an actual fork, marked “sterling silver.” Sterling silver here in the United States is generally …
Auctions and parol evidence
We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from disclaiming …
“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 …
As is — what it is and what it isn’t
There likely isn’t an auctioneer on earth who hasn’t uttered the words, “as is” regarding how bidders are buying property …
The dangers of “absolute discretion”
Tom is an auctioneer who takes various live and online classes on the subject of “auctioneering,” surveys the Internet for …
Are auctioneers intentionally misleading buyers?
I’ve probably written about this issue more than any other. The question is essentially “Why are auctioneers intentionally misleading buyers?” …
Can auction bidders be held to things they don’t read?
We have held that by registering for an auction — live and/or online — that such constitutes a contract. We …
Seller’s tolerance for risk
We’ve held for many years that all bidders at any auction need to adhere to the same terms and conditions. …
What are “Auction prices?”
Of course, we know that “Auction prices” are the prices obtained at public auctions. Our question is more so … …
Happy buyers = happy sellers?
Could happy buyers mean happy sellers? Not “happy” that they got a good deal necessarily, but happy with the process …
Auctioneer at a laundry
I had reason to stop in briefly to this laundry near our auction house. Probably not unlike countless small-town laundries …
Magical auctioneer disclaimers
Yes, I used the term “magical disclaimers” where I suggested live auctioneers aren’t likely secure from potential (or actual) liability in regard …
Auctioneer immunity?
Is there such a thing as “auctioneer immunity?” I can’t find a reference to any federal or state law, but …
Auctioneers, claims and insurance
Everyone is “sue-happy?” Sure, that the entire problem; so auctioneers need disclaimers, waivers and assignments … and insurance. Of course, …
The fallacy of tort claims and all these disclaimers
Your attorney has told you that you as an auctioneer need all these disclaimers in your contracts and terms & …
What causes [auctioneer] bad behavior?
How many parents have wondered what causes (or caused) their childrens’ bad behavior? Who wouldn’t say it was likely a …
Auctioneers disclaiming everything?
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 …
Mike Brandly, Auctioneer Blog 