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 …
Tag Archives: terms and conditions
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 $1,000,000 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 …
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. …
