An obligation to disclose?
Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care. …
Tag Archives: litigation
Auctioneers: When is a lack of evidence … evidence?
I majored in Mathematics at The Ohio State University. One of my several particular interests in math was prime numbers. …
What page should that be on?
It’s interesting to me that terms and conditions — particularly for real property auctions — keep getting longer and longer. …
Escalation clauses and auctions
In so-called “hot” real estate markets (seller markets,) often sellers are presented with multiple offers soon after listing. In such …
You can … so you should?
I continue to see it over and over … “You as an auctioneer can …” and then radio silence. A …
What are “Auction prices?”
Of course, we know that “Auction prices” are the prices obtained at public auctions. Our question is more so … …
Expert witness standards
Many people every day of the week testify in courts and otherwise as expert witnesses. I’ve testified dozens of times …
How different attorneys can (and shouldn’t) help auctioneers
In a recent story, we noted attorneys (lawyers) can represent clients as advisors, advocates, negotiators or evaluators. As well, lawyers …
Auctioneers “Can too …” defenses
I was discussing an auctioneer’s question the other day and I told him, “You can’t do that.” His reply? “I …
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 …
What kind of auctioneer do you want to be?
We all want to be auctioneers who are perceived as honest, having integrity and a reputation of fair dealing, right? …
Conflict of interest for an auctioneer
Our topic today regards if — and when — do auctioneers become involved in situations where they have a conflict …
Auctioneers and the “zero-sum” game
What is a zero-sum game you ask? Generally, in games or life, a zero-sum game means that a gain for …
You have to be willing to be hated?
I receive lots of emails, texts, Facebook messages and phone calls from other auctioneers — almost every day. Maybe we …
Can auctioneers be presumed guilty?
The famous Supreme Court of the United States case Coffin v. United States, 156 U.S. 432 (1895) and numerous subsequent …
Courts, venue and your auction terms and conditions
You are an auctioneer in Maine. You sell an item (for your seller) to a buyer in Alaska. Your terms …
Auctioneers and the statute of limitations
Auctioneers sometimes sue sellers and even bidders/buyers. Sellers, bidders and buyers sometimes sue auctioneers. Our topic today is how old …
Auctioneer opinions?
Seemingly everyone has an opinion about almost everything. Best flavor of ice cream? Best movie? Ideal place to vacation? Lots …
Auction expert witness and standards of proof
As we serve more and more as an expert witness (and consultant) in auction related legal cases around the United …
How the auction industry lost at least one bidder
I testify in many auction-related cases across the United States — including in Ohio, Indiana, West Virginia, Illinois, Tennessee, Louisiana, …
