An auctioneer says that his expressions are deemed reliable but not guaranteed. In other words, he “deems” them reliable (judges, considers?) all his information reliable, but in the event it’s not, it’s not guaranteed.
He goes on to describe upwards of 1,000 lots, each with an average of 26 words (expressed) for each lot. So all these words (expressions) are therefore guaranteed, and then the auctioneer says none of these approximate 26,000 words are guaranteed. We cite UCC § 2-316.
Even if this is expressed as only an opinion — it’s clearly done to lead bidders to believe something is what is noted, while holding the auctioneer harmless if it’s not. For example, it’s a “Diamond and 18K Gold Ring” but … it might not be 18K gold and the stone might not be a diamond.
We as auctioneers can’t be better than this? Apparently not, as this “disclaiming anything we say or imply” is commonplace. Who doesn’t have in their auction terms, “AS IS and WHERE IS, with no warranties expressed or implied?” Maybe a few auctioneers?
Worse yet, we have auctioneers not even providing for any preview or inspection. The theme seems to be you’re bidding/buying “AS IS” without a chance to see in person “WHAT IT IS,” and the auctioneer’s description may be completely fabricated.
Whether this is a legal issue or a good-business issue really doesn’t matter and really a question if an auctioneer with such terms wants bidders to return to bid at future auctions. If I were a bidder and ended up with a lot misdescribed with no possible recourse, I wouldn’t be a return customer.
How about this? Stand behind anything you say (and if you don’t want to stand behind it, don’t say it) and allow ample opportunity for bidders to preview and inspect what’s coming up for auction? For that matter, feel free to imply truthful things without concealing information.
Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at Mike Brandly, Auctioneer, Brandly Real Estate & Auction, and formerly at Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, and an Instructor at the National Auction Association’s Designation Academy and Western College of Auctioneering. He has served as faculty at the Certified Auctioneers Institute held at Indiana University and is approved by The Supreme Court of Ohio for attorney education.
Comments