When buyers buy anything at auction — particularly “AS IS and WHERE IS” — we would propose the buyer accepts the property in its current...

Many who sell real property at auction are required to disclose all known (should have known) material (latent) facts about property...

We’ve held that auctioneers should disclose all known material facts concerning any property they are putting up for auction. This...

Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure,...

It’s interesting to me that terms and conditions — particularly for real property auctions — keep getting longer and longer. ...

Some states and some courts have adopted the Restatement (Second) of Torts § 551 (1965) and as such § 551. Liability For Nondisclosure. ...

How do auctioneers know something? How does anyone know anything? Generally, people learn things through observation and research. We...

This is an “Iron Clad” 4 Quart Watering Can. Best I can tell it’s in good shape and likely is able to water plants, flowers, grass,...

There are those who say, “No, that doesn’t need to be disclosed” and would further argue that you as a buyer aren’t even entitled to...

ALL HORSES ARE SOLD AS IS WITH ALL FAULTS AND DEFECTS. The buying and selling of horses, especially horses purchased to serve as...

But in reality, despite this disclaimer, the more accurate phrase might be, “You’re buying today as-is as I describe the lots for sale.”...

There might not be a real estate agent in the United States who hasn’t heard these four words. A home where there was a recent murder? A...

Secondly, there are no laws which require auctioneers to disclose the seller’s identity to (potential) bidders. Despite these facts, it...

Further, courts routinely rule that agents acting as a professional cannot purposely avoid knowledge about such property — also known as...

Here we explore the effect of the “as-is” clause. First, some terminology for our discussion today: Patent: Open, obvious, viewable...

It is now 3 years after Mr. Georges Wyatt purchased his long-desired painting. He now wishes to sell the painting at auction, and wants...

Scott Musser, current National Auctioneer Association President, said recently:“I think in five years that 50 percent of auctions will be...