Sometimes I’m so pleasantly surprised, I feel that it’s my duty to share the good news. Here’s an online auction platform that requires (to the extent terms and conditions require anything) their auctioneers to warrant three things:
Clear title
Right to convey clear title
The property conforms to the descriptions
Further — even more remarkable — this online platform says the auctioneer cannot modify or disclaim these warranties. That’s right — the auctioneer cannot disclaim expressed warranties, which is the law here in the United States.
It’s almost like someone at this company read Steve Proffitt’s thoughts on this subject, and actually put them into practice: https://mikebrandlyauctioneer.wordpress.com/2021/07/08/the-three-big-auction-warranties/.
As I’ve repeatedly noted on this platform, starting about 2016, there’s been a concerted effort by many auctioneers to disclaim everything — more or less entitling them to do basically anything they want: https://mikebrandlyauctioneer.wordpress.com/2021/12/26/auctioneer-has-the-right-to-do-whatever/.
Said another way, how refreshing to see that an online platform is requiring its auctioneers to conform to reasonableness. Are all auctioneers adhering to these admirable terms and conditions? Probably not. Are auctioneers generally desperately trying to disclaim expressed warranties? Yes, they are.
The misconception appears to be if an auctioneer sells “AS IS and WHERE IS” then he or she is not held to any descriptions. That’s simply not true, as we noted here: https://mikebrandlyauctioneer.wordpress.com/2023/09/20/sorry-you-bought-it-as-is/.
We’ve said it before, and we’ll say it again here: The more you treat bidders and buyers reasonably, the more they will respond to your next seller’s auction, and your future sellers/clients will benefit accordingly. https://mikebrandlyauctioneer.wordpress.com/2023/10/20/reasonable-auction-practice/.
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.
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