An auctioneer did (and didn’t) do something?
I’ve not seen such a defense of malfeasance but I would guess this is how it would play out. If …
Tag Archives: expert witness
Auctions and the “previous” bidder
All too often, a high bidder retracts his bid, and the previous bidder is made the high bidder without his …
When you’re selling “high-valued” assets
If there’s been one consistent message I’ve tried to deliver over the past 10 years or more — it’s that …
Auctioneers … and for no reason at all?
We recently wrote about auctioneers reserving unilaterally to decline any bid and any bidder — apparently, even a registered bidder …
Your platform is [just] your competition
I freely admit that when auction platforms started to appear, I (and many others) decried their plans … to possibly …
Who is the [auction] seller?
I was testifying in an auction case, and told the presiding judge that “Anyone can bid at an absolute auction …
Are auctioneers “entitled” to their opinion?
Not just auctioneers, but rather, everyone is “entitled” (in the United States) to think (and maybe say or write) just …
Auctioneers … and “I still don’t believe it”
I was sitting with an auctioneer in an attorney’s office in 2011 going over his case and how I could …
Auctions and parol evidence
We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from disclaiming …
Anything I say is not binding?
Let’s just say that an auctioneer’s terms note: Buyer agrees that any oral representation made by the auctioneer shall not …
Absolute auction? Nope.
Yes, this was the claim. For any auction — once a bid is placed — that constitutes a minimum bid …
Courts interpreting “explicit”
We’ve held that a “bright line” defining when an auction is absolute or without reserve is horrible for the auction …
Waiving bidder requirements?
Can an auctioneer/seller set the terms and conditions for auction registration, and then allow another bidder to bid who doesn’t …
Bound by terms I can’t comply with?
We have tried to help auctioneers understand that setting the terms and conditions for your auction, and then sticking to …
Auctioneers: The expression of one …
In the case known as United States v. Barnes, 222 U.S. 513 (1912) (Supreme Court of the United States) the …
Undisclosed supply at auction
I attended an interesting auction where an item was put up for bids (offers) and then if the price was …
Everything isn’t a “license” law issue
Some auctioneers lament that there is “shill” bidding in the auction industry — for example — and reply essentially, “Well, …
Your auction platform is down, so …
Auctioneers use a variety of platforms to host their own websites, provide for online bidding, and/or to disseminate a variety …
Should auctioneers see your maximum bid?
Auctioneers often take absentee bids or allow bidders to bid online where they are privy to the bidder’s maximum bid. …
Auction laws that are vague
I’ve repeatedly held that state and federal legislatures (and relatedly governors/presidents) aren’t terribly good at writing law, which is often …
Mike Brandly, Auctioneer Blog 