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 …
Tag Archives: expert witness
Auctions and parole 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 …
May attempt to describe?
We’ve noted that auctioneers cannot disclaim expressed warranties, and shouldn’t disclaim implied warranties, but many mistakenly continue to do both. …
Seller wants to (should) sell absolute …
Our question today is: “Would an auctioneer accept a seller’s property for auction and sell it absolute if the seller …
Right of Refusal vs. Reserve Bids
I have noted that Daniel P. West has linked to my blog once if not more times and I appreciate …
Your seller “seeing the market?”
Many auctioneers have told me that their favorite type of “with reserve” auction is a seller-confirmation auction — a right …
How to win an online auction
It’s supposed to be easy … and most of the time it is. However, things happen: The Internet goes down, …
At an auction, it “appears” to be …
I’ve said it, primarily because I had heard other auctioneers say it when I attended auctions as an adolescent. For …
Auctioneers claiming “sole discretion”
Auctioneers like having a lot of discretion. Steve Proffitt held auctioneers should have little or no discretion and I tend …
Mike Brandly, Auctioneer Blog 