#expressed

Mike Brandly, Auctioneer

Nov 10, 20233 min read

No warranties, but call and ask us?

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

Mike Brandly, Auctioneer

May 25, 20233 min read

No auction works unless …

See, that marketplace auction platform didn’t work. However, it is the platform or is it the auctioneer? Let’s explore. In fact, it...

Mike Brandly, Auctioneer

Feb 13, 20234 min read

“AS IS” and what it is, maybe is, or isn’t

Let’s say this picture is an actual fork, marked “sterling silver.” Sterling silver here in the United States is generally by weight...

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 8, 20214 min read

“AS IS” and who’s the buyer?

We frequently talk about auction-related contracts and more so recently on waving expressed and implied warranties. Of course, we’ve...

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. ...

Mike Brandly, Auctioneer

Nov 16, 20153 min read

An auctioneer’s implied authority

One such way auctioneers are sued is for not following the contract with the client … and/or not following the client’s legal directions....

Mike Brandly, Auctioneer

Nov 10, 20153 min read

An auctioneer’s as-is primer

I’ve told countless auctioneers that the most confusing 254 words in the English language is the UCC 2-328. I think the most confusing...