First, we did ask if the UCC 2-328 applies to real estate and we should probably say, “real property” instead, as real estate is only the...

In other words, can an auctioneer have Julie on at $500 and ask (demand) Rachel bid $525 to outbid Julie, and when Rachel bids $525, then...

The UCC 2-328 as it is today, and as largely adopted verbatim by the states in the United States, is here:(1) In a sale by auction if...

In contrast, today we write about “Caveat venditor” which is Latin for, “Let the seller beware.” So, how does caveat venditor relate to...

The practical matter of caveat emptor is that buyers should be alert to omission, deception and misrepresentation in transactions,...

Here we explore the effect of the “as-is” clause. First, some terminology for our discussion today: Patent: Open, obvious, viewable...

Justin went on to describe what was lacking … “That a computer can’t put its hand on your back and tell you to bid on more time.” He also...

Bob replied, “Well, I’m unclear. The auctioneer said, “Sold!” but I then heard the seller had 48 hours to accept or reject the offer.”...

Now, before we discuss this particular subject of, “sellable position,” we’ll talk about what a ringman normally does. Ringmen work the...

At the 2011 National Auctioneers Association (NAA) International Auctioneer Championship (IAC) recently held Friday, July 15 in Orlando,...

His rule is, “I never reopen the bidding.” In over 35 years of auctioneering, he’s not reopened a bid — not once. All of Sammy’s clients...

Simply put, when an auctioneer says, “Sold!” or uses some other customary closing, he or she denotes: The auctioneer cannot take any...

John arrives and surveys the items up for bid, checking his smart phone for item details and comparative pricing. Just then, he sees his...

We wrote about duties auctioneers owe their clients (sellers) in 2009. As we noted then, auctioneers are special agents for their...

Bib has held over 10,000 auctions in his career — mostly livestock, farm equipment and real property. Today, Bib is holding an auction...

The joy of teaching is almost always amplified by questions and commentary from attendees before class, at breaks and after class; nearly...

Today, there is no state in the United States where the buyer’s premium is not found. Yet, auctioneers in Wisconsin are not permitted to...

For instance, a fairly regular buyer of depression glassware who attended our auctions in the late 1980’s would regularly mention the...

This made me wonder what the minimum cost an auctioneer would incur to sell an item for $1.00 (or for any amount) at a live auction....

There are also other forced sale auctions including foreclosures, repossessions and court-ordered actions (lacking the seller’s consent)....