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 …
Tag Archives: terms and conditions
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 …
Does auction law have to catch up with technology?
Personally, I find the statement, “The [auction] law has not quite caught up to technology” facinating and interesting. Yes, some …
10 things to know when bidding on your first online auction
We recently wrote about the 10 things to know when attending your first live auction here: https://mikebrandlyauctioneer.wordpress.com/2020/02/28/10-things-to-know-when-attending-your-first-live-auction/. Relatedly, for everyone …
10 things to know when attending your first live auction
For everyone who’s ever been to any live auction, there’s that first time. I think my first time was probably …
We’re selling this stuff at auction, unless we decide otherwise
We have written about reasonable auction terms because these terms can’t be all seller favorable, or there will be a …
Auction cancellation fee that is fair
It’s always a good reminder for auctioneers — your contracts, terms, conditions, policies, etc. likely need to be “fair” (maybe …
Auction seller wants to sell to anyone but a certain person
An auctioneer meets with a seller who owns a house full of personal property — furniture, kitchen items, decorative pieces, …
Curious auction terms & conditions
Many auctioneers (and sellers) sell property without reserve (absolute) in order to increase the number of bidders and associated prices. …
United States v. Weisbrod, 202 F.2d 629 (7th Cir. 1953)
Today, we look at details from a somewhat less famous auction case known as United States v. Weisbrod, 202 F.2d …
“Sold!” shouldn’t be a lie
Here’s the problem. The law allows (but does not require) auctioneers to lie. We can indeed say, “Sold!” (in certain …
John Stephen Proffitt III and your right to reopen the bid
John Stephen Proffitt III (widely known as Steve Proffitt in auction circles) — attorney at law and auctioneer — proposed …
“The chant is not important”
J. Stephen Proffitt III, Esq. (commonly known as Steve Proffitt) said it. I found such in a state auctioneer magazine …
We sell things quicker?
When I first entered the auction business … we sold things, “quicker than you’re used to buying them.” I remember …
What? Facebook can make its own rules?
I was humored a while back when I told another auctioneer he could not pass out his auction fliers during …
Here’s what you bought — not what we pictured
See where that trash can is? See the strip of grass that runs between these two driveways? That’s what a …
