“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 …
Tag Archives: UCC 2-328
Bids that can/can’t be placed at auction
We have written about who cannot bid at an auction more than once. Today, we hope to write about that …
Is the minimum bid really the minimum bid?
What does this sign say? It says the minimum speed is 40 miles per hour. So, what if you are …
When can the seller bid without recourse?
Auctioneers around the United States have held since the forming of this country that at auction, the seller can bid …
“Professional” auctioneers shouldn’t be trusted? Really?
Are you a “professional” auctioneer? One who makes a living as an auctioneer? That would be a common definition, but …
What is a flash [auction] sale?
I received the email, as I suspect you did. Real property being offered in a flash sale — auction. What …
Puffing and bids in bad faith
We were discussing a case with an attorney regarding the last two (2) sentences of the UCC 2-328 [basically section …
The $1,300,000 or $1,510,000 bull
I had no more than walked off my plane and turned on my phone when the voice and text messages …
Auctioneers and “the” law versus “that” law
Our subject today is law. Law is discussed all over the world every minute of every day by lawyers …
What if the seller bids first in an absolute auction?
We previously wrote about the somewhat perplexing situation where the seller is bidding first in regard to the “last good …
Auctioneer opinions?
Seemingly everyone has an opinion about almost everything. Best flavor of ice cream? Best movie? Ideal place to vacation? Lots …
Why are we looking for “tie bids?”
A tie? The three horses above finishing in a dead heat. Two teams with the identical score at the end …
Auctions and contract symmetry
It was bound to happen I suppose. We receive a call from an attorney about once a week and a …
Auctioneers, Facebook, Censorship and [Fake] News …
On Thursday, July 26, 2018 Facebook‘s stock plunged 19% losing about $119 billion in market value constituting the biggest single-day …
When has the UCC 2-328 been a bad idea?
We recently wrote that for auctioneers it’s better to stay out of court than win in court, and lots better …
Auctioneers — you want to win in court, or stay out of court?
I’ve told auctioneers for years that it’s good to be on the “right side of the law.” That is, if …
Can a lot be unsold at auction?
Some questions are easier than others to answer. We think our subject question today is academic — can a lot …
The “basics” of the auction business?
I published this blog on June 6, 2018 about the auction industry losing bidders due to some illegal/unethical practices: https://mikebrandlyauctioneer.wordpress.com/2018/06/18/how-the-auction-industry-lost-at-least-one-bidder/ …
At auction … when is it “Sold!?”
It seems like a simple question — when is an item “Sold!” at auction? In a live auction, most people …
Auctioneers … it’s A/B testing, not A testing
A/B testing is a useful tool to compare two different ways of doing otherwise the same thing … to see …
