Contract law 13/58

Nov 29, 20213 min read

Where’s the [auction] link?

Auctioneers regularly share their auctions on social media platforms. This benefits their clients by exposing the auction to more people....

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Nov 25, 20212 min read

Auctions: Too slow? Too fast? Order? Sequence?

Some live auctioneers sell 3 items a minute. Some live auctioneers sell 2 items a minute. Some live auctioneers sell 1 item a minute. ...

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Nov 22, 20212 min read

Auctioneers/staff buying ahead of auction?

Auctioneers regularly visit sellers with property to sell. It may be a house, warehouse, retail establishment, storeroom, or any other...

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Nov 17, 20213 min read

Can two bidders have the same “max bid?”

For online auctions — and for that matter, any auction — bidders can disclose or keep confidential their maximum (max) bid. I might...

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Nov 15, 20212 min read

Would auctioneers rather you didn’t read it?

Many say when it comes to contracting (contracts, terms, and conditions, and the like) that sellers and bidders have a “duty to read” the...

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Nov 11, 20213 min read

Auction disclosures in 1-pt type?

I recently testified in yet another auction case. The issue was basically a “title issue” which wasn’t adequately disclosed (in my...

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Nov 8, 20212 min read

Should your entire online auction be up?

The question is, for a 1,000 lot online auction, should the auctioneer wait to allow bidding (or even put the auction up live) until all...

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Nov 3, 20213 min read

A preposterous commission structure

We previously wrote about so-called “tiered” auctioneer commissions utilized to [properly] address uncertainty:...

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Oct 31, 20213 min read

Auctioneers, Constitution,Vaccines

I previously suggested that auctioneers do not have a constitutional or natural right to “medical freedom.” Of course, many auctioneers...

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Oct 28, 20213 min read

Title, possession, and risks

Most agree that the Uniform Commercial Code (UCC) suggests that by default, once an auctioneer says, “Sold!” title transfers at that time...

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Oct 25, 20212 min read

Steve Proffitt & Discretion

If one word is preached in auctioneer circles it’s “discretion.” For example, discretion to reopen the bid (or not,) or withdraw the...

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Oct 22, 20212 min read

Can you sell a police car at auction?

Can auctioneers sell [decommissioned] police cars/trucks? Fire trucks? Ambulances? Auctioneers do sell these types of vehicles and...

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Oct 14, 20213 min read

Seller bids to raise prices, not to retain title

The UCC § 2-328 has a prescribed solution to solve a seller bidding without disclosure. Basically, the high bidder (the buyer) may void...

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Oct 13, 20213 min read

You don’t conduct absolute auctions?

Auctions are of two distinct types: “With (some sort of) reserve, or without (any such) reserve, also known as “absolute.” Sellers who...

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Oct 11, 20214 min read

An auctioneer court-ruling guide …

This issue really isn’t that complex, yet some still don’t seem (and/or refuse) to understand. This “court case” said this, this “court...

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Oct 8, 20213 min read

Contract … and then they remove?

There may not be a personal property auctioneer focused on estates, guardianships, and downsizing type auctions that hasn’t signed a...

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Oct 6, 20213 min read

Highest “bona fide” bidder?

It’s been said (even memorialized in some state law) that at an absolute (without reserve) auction, the seller has the bona fide...

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Oct 4, 20213 min read

Auctioneers: This could happen to anyone

You type in the “address” bar the website you want, and it’s not there. You see that your online auction is no longer up. You cannot...

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Oct 1, 20213 min read

Can a potential bidder sue for being denied?

Our question today involves if a potential bidder at your auction can sue you in response to you denying his right (privilege) to bid? ...

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Sep 29, 20212 min read

Auctioneers & trade fixtures

Auctioneers sell many personal property items from commercial and residential improvements, where either the owner or tenant has...

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