#unconscionable

Mike Brandly, Auctioneer

Jun 8, 20222 min read

Auctioneers claiming “sole discretion”

Auctioneers like having a lot of discretion. Steve Proffitt held auctioneers should have little or no discretion and I tend to agree: ...

Mike Brandly, Auctioneer

Nov 11, 20213 min read

Auction disclosures in 1-pt type?

I recently testified in yet another auction case. The issue was basically a “title issue” which wasn’t adequately disclosed (in my...

Mike Brandly, Auctioneer

Oct 8, 20213 min read

Contract … and then they remove?

There may not be a personal property auctioneer focused on estates, guardianships, and downsizing type auctions that hasn’t signed a...

Mike Brandly, Auctioneer

Jun 24, 20213 min read

A common law adhesion standard

I wonder if these six points below sound familiar to any auctioneer in regard to their buyer registration terms and conditions (a.k.a....

Mike Brandly, Auctioneer

May 27, 20213 min read

Bidders agreeing or contracting?

We’ve held here on this platform and otherwise that an “agreement” and a “contract” are essentially the same things — one sounding a bit...

Mike Brandly, Auctioneer

May 10, 20213 min read

Online bidder retraction mechanics

We previously wrote that in an online auction, high bidders have the right (state law) to retract their bids prior to, “Sold!” We also...

Mike Brandly, Auctioneer

Dec 8, 20203 min read

Auctioneers and fine print

As an expert witness in auction cases, I’m seeing more and more fine print — particularly in auction terms and conditions. The thinking...

Mike Brandly, Auctioneer

Oct 27, 20203 min read

Unless the circumstances indicate otherwise

Auctioneers can disclaim warranties for fitness and merchantability regarding property they are putting up for auction … typically by...

Mike Brandly, Auctioneer

Apr 19, 20183 min read

Extraordinary liquidated damages in auction contract

Apparently, this auctioneer had (and maybe still has) severe financial penalties in his contract with his seller payable to him — in the...