The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling an...

… in 2015 the Superior Court of the State of California (Orange County) in a jury trial found that the auctioneer was permitted to treat...

I’ve only used the term once before on this platform. Generally, people use the word, “anomalist” for 2-3 different circumstances, but in...

Ever eat at a McDonald’s? I bet most auctioneers have at least once, if not more. I’ve eaten at one particular McDonald’s more lately as...

We’ve written prior about United States v. Blair, 193 F.2d 557 (10th Cir. 1952) and United States v. Weisbrod, 202 F.2d 629 (7th Cir....

We’ve held here on this platform and otherwise that an “agreement” and a “contract” are essentially the same things — one sounding a bit...

Bidders don’t read. Bidders don’t understand. Bidders ignore what we tell them. Yet, we auctioneers write our own terms and conditions...

After sitting in courtrooms around the country, helping attorneys and their clients in auction litigation cases, I have to say that...

Countless auctioneers announce (expressed) or post (expressed) or suggest (imply) some sort of “order of sale” at the start of any live,...

Many auctions have specific times set for certain property — the house/real property sells at 12:00 noon. The car sells at 1:00 pm. The...

Your auction is set. As you have advertised on your website and posted at the auction, you will start in the front yard at 10:00 am and...

Your auction is set to start in about an hour (if you actually decide to start in about an hour?) and I’m an interested bidder. I’ve...

We previously wrote that in an online auction, high bidders have the right (state law) to retract their bids prior to, “Sold!” We also...

We have held for decades that auctioneers should be ethical — without possibly expressing that exact wish on this platform. We have,...

Auctioneers take on a number of diverse projects — maybe contract bid calling one day, cleaning and readying farm equipment the next day,...

Most auctioneers in the United States probably don’t think so, but it’s likely any government can stop any auction and/or auction event. ...

It’s early morning Saturday and I’m driving to our auction. I stop at a stoplight and glance over at the car in the next lane. I have a...

We in the auction business like to say “world record” maybe more than any other occupation. “This sold for a world record,” and “That...

Or, if you prefer, I suppose, “Bad faith, negligence, unreasonableness, and carelessness?” As a frequent auction expert witness (over 40...

We’ve written about this issue numerous times. Something is held to be a certain type, condition … only to be disclaimed by the famous...