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,...

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...

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

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