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Tag Archives: terms and conditions

Can auction bidders be held to things they don’t read?

December 24, 2020

We have held that by registering for an auction — live and/or online — that such constitutes a contract. We …

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Auctioneers and fine print

December 8, 2020

As an expert witness in auction cases, I’m seeing more and more fine print — particularly in auction terms and …

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What page should that be on?

October 29, 2020

It’s interesting to me that terms and conditions — particularly for real property auctions — keep getting longer and longer. …

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A $1,000,000 reason to …

August 14, 2020

One might ask, “Do auctioneers need to treat all bidders the same, other than ‘price’?” In other words, do we …

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Happy buyers = happy sellers?

August 3, 2020

Could happy buyers mean happy sellers? Not “happy” that they got a good deal necessarily, but happy with the process …

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Can auctions be irritating?

June 16, 2020

Our question today is: Can auctions be irritating? I’ve held they can be, but when a fellow auctioneer tells me …

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Legal advice without the “the rest of the story …”

June 4, 2020

“Yes, you can make a right turn there …” was not the best advice for motorists as the interstate had …

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Auctions, fairness and equity

May 31, 2020

Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) was a case in New York where the seller of …

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Title transfers on, “Sold!?”

May 30, 2020

The default position of the Uniform Commercial Code appears to say that title is transferred at auction upon, “Sold!” It’s …

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Auctioneers, claims and insurance

May 29, 2020

Everyone is “sue-happy?” Sure, that the entire problem; so auctioneers need disclaimers, waivers and assignments … and insurance. Of course, …

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I’m not responsible for anything …

May 10, 2020

Early in my career, I worked for Jack B. Smith, Auctioneer in Columbus, Ohio. Jack held mostly on-site auctions around …

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Auctions: “Everything will change. Everything has changed.”

April 2, 2020

In “The Patriot” movie, Cornwallis apparently proclaimed, “Everything will change. Everything has changed.” In other words, “The only thing constant …

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Absolute auction … and how many bidders is enough?

March 20, 2020

Absolute auctions [should] constitute the “genuine intent to transfer to the highest bidder regardless of price.” However, if there are …

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Does auction law have to catch up with technology?

March 17, 2020

Personally, I find the statement, “The [auction] law has not quite caught up to technology” facinating and interesting. Yes, some …

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10 things to know when bidding on your first online auction

March 3, 2020

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 …

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10 things to know when attending your first live auction

February 28, 2020

For everyone who’s ever been to any live auction, there’s that first time. I think my first time was probably …

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We’re selling this stuff at auction, unless we decide otherwise

February 13, 2020

We have written about reasonable auction terms because these terms can’t be all seller favorable, or there will be a …

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Auction cancellation fee that is fair

February 10, 2020

It’s always a good reminder for auctioneers — your contracts, terms, conditions, policies, etc. likely need to be “fair” (maybe …

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Auction seller wants to sell to anyone but a certain person

February 4, 2020

An auctioneer meets with a seller who owns a house full of personal property — furniture, kitchen items, decorative pieces, …

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Curious auction terms & conditions

January 31, 2020

Many auctioneers (and sellers) sell property without reserve (absolute) in order to increase the number of bidders and associated prices. …

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