#conspicuous

Mike Brandly, Auctioneer

Sep 20, 20232 min read

Sorry … you bought it “as is”

Auctioneers have been proclaiming this since the “beginning of time.” The buyer has an issue with a purchase, and the auctioneer says,...

Mike Brandly, Auctioneer

Aug 22, 20223 min read

Expressed, implied, and fitness

An auctioneer might express what something is, be in the business of representing such property, or suggest (imply) what something is. ...

Mike Brandly, Auctioneer

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...

Mike Brandly, Auctioneer

Sep 20, 20214 min read

Auctioneers and when the circumstances indicate otherwise …

Disclaiming warranties of merchantability and fitness for a particular purpose can be tricky business. As we previously have held,...

Mike Brandly, Auctioneer

Sep 13, 20213 min read

Conspicuous auction disclaimers

Technically, the UCC § 2-316 says that certain disclaimers must be conspicuous and other disclaimers possibly do not. However, laws such...

Mike Brandly, Auctioneer

Sep 6, 20212 min read

Are you selling “AS IS” or “as is?”

Are you an auctioneer who’s selling property “AS IS” or “as is?” It likely makes a difference. Today, we discuss more on conspicuous...

Mike Brandly, Auctioneer

Sep 3, 20213 min read

As is — what it is and what it isn’t

There likely isn’t an auctioneer on earth who hasn’t uttered the words, “as is” regarding how bidders are buying property at auction. ...