It seems we’re all busy and sometimes forget the very basics of the auction profession. While there are many things every auctioneer...

Auctions have been going on for over 2,000 years. Since auctioneers started to use the Internet for online and simulcast auctions,...

Some auctioneers refer to seller bidding (in a with reserve or forced sale auction) as counterbidding (counter-bidding.) Despite bids...

Lot #2 and Lot #184 are mistakenly the same lot. Lot #2 sells and we have a buyer and seller in contract. Lot #184 comes up and a...

Auctions are by default “with reserve” unless explicitly denoted as “without reserve” in 49 states. In Louisiana, it’s the opposite, as...

I’ve heard for years in regard to firearm laws and many other topics, auctioneers desiring to disclaim any responsibility say “I’m just...

In the case, United States of America v. Barry D. Dyer, Mackie E. Shelton 1:21-CR-00016-GNS, these two defendants were accused of...

Given that auctioneer bid calling (and online “bid calling”) obviously creates contracts, our question today involves if a high bidder...

If you have participated in a live or online auction, the auctioneer’s “chant” nor the online platform is generally placing bids. We say...

We have held that by registering for an auction — live and/or online — that such constitutes a contract. We have competent parties,...

As an expert witness in auction cases, I’m seeing more and more fine print — particularly in auction terms and conditions. The thinking...

Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) was a case in New York where the seller of a home previously held as “haunted”...

Let’s say an auctioneer has a live auction scheduled with online pre-bidding beginning several days prior. How would terms such as,...

In Williston’s “Williston on Contracts” an important point about the Statute of Frauds for auctioneers is noted. In § 29:40 (4th Ed), as...

As we’re waiting for our entrees to arrive to our table, I asked him a question: “Have you ever had two bids of the same amount come in...

First, many states in the United States require a license to act as an auctioneer. And, most of those license states require...

In Williston’s “Williston on Contracts” an important point about the Statute of Frauds for auctioneers is noted. In § 29:40 (4th Ed), as...

In my post: http://mikebrandlyauctioneer.wordpress.com/2009/12/01/the-essential-elements-of-any-contract/ I mentioned that auctioneers...

When bid calling, there can be only one high bidder who is in contract with the seller (i.e. one seller, one buyer). If it were possible...