It sometimes gets even more crazy. The auctioneer is selling personal property “AS IS” and is disclaiming any warranties expressed or...

We have written lately and otherwise about auctioneers saying something is “something” and then disclaiming that this same property is...

The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling a Vincent...

The Uniform Commercial Code § 1-302 titled “Variation by Agreement” clearly says (emphasis added:) (a) Except as otherwise provided in...

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

We in the auction business like to say “world record” maybe more than any other occupation. “This sold for a world record,” and “That...

We’ve written about this issue numerous times. Something is held to be a certain type, condition … only to be disclaimed by the famous...

I’ve often said state and federal legislatures don’t do a very good job legislating. Laws are written and/or adopted and then enacted,...

It seems no matter the issue, some people always assure everyone all we need is yet another disclaimer and/or waiver (attempting) to...

I’ll continue to ask this when I hear anything like, “I don’t know how we’re going to keep bidders 6′ apart, and insist they all …” If...

There’s a subtle but important difference between — for example — these two statements. “Watch your step” suggested Jack wasn’t watching...

Yet, we don’t have to be. The law (apparently) lets us auctioneers disclaim everything (possibly not expressed warranties) but what are...

Today, we explore a different topic; auctioneers literally say this sometimes: “You can not rely on anything I say …” Our question...

https://mikebrandlyauctioneer.wordpress.com/2012/05/23/auctioneer-disclaimers/ Kurt R. Bachman, Attorney and Auctioneer with Beers...

We help attorneys with appraising and selling assets held in estates, guardianships, bankruptcies and other similar situations. We assist...

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

Auctioneer disclaimers are as common as actual auctions. For centuries, auctioneers have “disclaimed” certain responsibilities in their...