Variation by agreement, not uniform
We regularly write to [attempt to] help auctioneers stay out of court, rather than attempting to win in court, or …
Tag Archives: terms and conditions
A curious story and UCC § 2-401(3)
Auctioneers call me all the time. I’m truly humbled many are inquiring how they can stay out of court, rather …
Bidders with all the same terms?
Of course, my phone rings … “Hey, I may need your help. I have a bidder who is telling me …
Bidder know? Hear? Understand?
Case law for auctioneers is important. Since 2010 we’ve taught such classes across the United States and auctioneers tell me …
On any given Sunday …
As one who teaches classes to auctioneers all over the United States, one thing stands out: Many auctioneers are looking …
Auctioneers … who owns your data?
I clicked on a website and a popup appeared asking me to agree to the terms and conditions. It seemed …
Treating bidders with honesty, integrity, and fair dealings?
Nope. We just can’t do it. Auction bidders aren’t owed any honesty, nor integrity, and certainly not fair dealings. On …
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 …
Auctioneers and fine print
As an expert witness in auction cases, I’m seeing more and more fine print — particularly in auction terms and …
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. …
A $68,867.50 reason to …
One might ask, “Do auctioneers need to treat all bidders the same, other than ‘price’?” In other words, do we …
Happy buyers = happy sellers?
Could happy buyers mean happy sellers? Not “happy” that they got a good deal necessarily, but happy with the process …
Can auctions be irritating?
Our question today is: Can auctions be irritating? I’ve held they can be, but when a fellow auctioneer tells me …
Legal advice without the “the rest of the story …”
“Yes, you can make a right turn there …” was not the best advice for motorists as the interstate had …
Auctions, fairness and equity
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) was a case in New York where the seller of …
Title transfers on, “Sold!?”
The default position of the Uniform Commercial Code appears to say that title is transferred at auction upon, “Sold!” It’s …
Auctioneers, claims and insurance
Everyone is “sue-happy?” Sure, that the entire problem; so auctioneers need disclaimers, waivers and assignments … and insurance. Of course, …
I’m not responsible for anything …
Early in my career, I worked for Jack B. Smith, Auctioneer in Columbus, Ohio. Jack held mostly on-site auctions around …
Auctions: “Everything will change. Everything has changed.”
In “The Patriot” movie, Cornwallis apparently proclaimed, “Everything will change. Everything has changed.” In other words, “The only thing constant …
Absolute auction … and how many bidders is enough?
Absolute auctions [should] constitute the “genuine intent to transfer to the highest bidder regardless of price.” However, if there are …
Mike Brandly, Auctioneer Blog 