#implied

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

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

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 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....