Are you disclaiming implied warranties in your terms and conditions? You might be. Your terms note such and your attorney has told you...

We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from...

Let’s just say that an auctioneer’s terms note: Buyer agrees that any oral representation made by the auctioneer shall not modify these...

I’ve seen this graphic many times … we auctioneers started out as apes? Well, maybe not, but more recently we went from so-called live...

In states which license occupations, and in particular auctioneers and auction activity, the law essentially gives permission to conduct...

Let’s see … I can buy “this” property for my price so I’m thinking I can determine the price. Of course, if it’s an auction, I’ll...

We’ve sold an immense amount of property at auction — absolute to the highest bidder. In other words, those sellers (clients) had the...

No agency exists unless created — and what creates it? Knowledge of the relationship, and consent to it. Agency begins with the client...

We see auctioneers somewhat routinely noting that bidders’ bids once placed (accepted) can’t be revoked nor withdrawn — in other words,...

Yes, this was the claim. For any auction — once a bid is placed — that constitutes a minimum bid that the next bid must exceed. As...

Do all these words mean the same thing? I believe this item is worth $140,000? I estimate this at $140,000? The value of this item is...

We really don’t have to wonder, do we? For example, an auctioneer posts online auction terms and conditions (terms), and people click...

We have written many times about how auction registration policies need to be fixed prior to the auction event and then remain as such...

Auctioneers want to maximize the bidder pool. In doing so, many of us are allowing online bids either placed in real-time and/or for the...

There are maybe (as we believe) 50,000 auctioneers in the United States. The Association of Real Estate License Law Officials (ARELLO)...

We’ve held that a “bright line” defining when an auction is absolute or without reserve is horrible for the auction industry. What is...

Absolute auctions, by definition, involve selling to the highest bidder. So, if an auctioneer has a current bid of $750,000.00 and a...

Where in the United States can an auctioneer legally say, “This is selling absolute over a minimum bid of …?” The answer? Nowhere in...

In a recent case before the Supreme Court of Virginia, parties discussed when an auction is with reserve and when it is without reserve,...

Yes, we’ve held for as long as I have been in the auction business that there are two types of auctions: With reserve and without...