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Mike Brandly, Auctioneer Blog

~ A trusted auctioneer and auction expert witness — with unmatched knowledge of both auction law and customary practice.

Tag Archives: expressed warranty

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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Auctions and parole 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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Anything I say is not binding?

November 16, 2022

Let’s just say that an auctioneer’s terms note: Buyer agrees that any oral representation made by the auctioneer shall not …

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Could “worth” be an expressed warranty?

September 14, 2022

We have been in the auction and appraisal business for decades. We’ve written about the appraisal industry many times and …

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At an auction, it “appears” to be …

June 11, 2022

I’ve said it, primarily because I had heard other auctioneers say it when I attended auctions as an adolescent. For …

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Is it what the auctioneer said it is?

May 31, 2022

We have written lately and otherwise about auctioneers saying something is “something” and then disclaiming that this same property is …

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The three big auction warranties

July 8, 2021

Steve Proffitt wrote in 2007 that there were at least three warranties made in auctions, as provided for in the …

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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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As-is with inspection or return policy if not

May 26, 2020

We have written and spoken about the absolute lunacy of selling “as-is” and “where-is” and not allowing any previews of …

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What do auctioneers owe their customers?

November 19, 2009

What do auctioneers owe their customers? What is the difference between a client and a customer? Honesty, integrity and fair dealing are required.

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