Most people probably know that someone can’t be “forced” to sign a contract binding their performance rendering it invalid (or at minimum...

You are an auctioneer and you don’t charge a buyer’s premium. Why not? I continue to hear that charging such is a disservice,...

Could an auctioneer (and/or seller) be guilty or liable for restraint of trade for restricting an auction to only certain — qualified —...

The so-called “hammer” falls at an auction, and the property (car, firearm, airplane, truck, tractor, artwork …) is sold to … who? ...

So, auctioneers are no-doubt being advised to put in their terms that if the online bidding platform is not accessible, the auction can...

What is customary practice? What is the industry standard? What is considered commercially reasonable? Today we discuss these three...

UCC 2-328 as adopted by states around the United States. Then too, there is general contract law and a select number of court cases which...

Here’s who can and can’t bid for the two types of auctions (with reserve and without reserve:) Absolute (without reserve) auctions:...

First of all — auctioneers are advised that in order to do that, you better have your client’s knowledge and consent — memorialized in...

First, let me clarify that this term “auction” here is just one lot, rather than the term “auction event” consisting of all the lots as...

Amazon.com (or countless other online retailers.) Let’s see, what’s involved in such a transaction? Click? Yep, pretty much. No...

This question is almost the same question we answered in 2017 when we wrote about denying a bidder from participating in an auction event....

Quite frankly, bid calling isn’t terribly complicated in that auctioneers basically take (accept) bids from individual bidders until...

Our discussion today regards what can — or should — auctioneers do in such instances. Is there anything they can do? If you’re not...

It is not unusual for an auctioneer association executive director, officer and/or director to receive a communication from a consumer...

That analysis is here: https://mikebrandlyauctioneer.wordpress.com/2011/06/30/if-the-seller-bids/ As we have stated in countless...

Terms such as this often include that “buyer’s must register,” “everything is being sold ‘as-is,'” and “payment is due at a certain...

In contrast, we work in an environment of “customary practice” more than anything else. What we do — how we operate — our procedures —...

Interesting that auctioneers (and attorneys advising auctioneers) are talking about putting terms addressing “tie bids” in their terms...

It might be land, a tractor or a piece of jewelry. Sellers want to know before consigning such, or maybe are just curious. Auctioneers...