Do auctioneers warrant property selling in an auction? Do auctioneers sell property “AS IS?” They do both. Warranties are nearly universal, and “AS IS” sales are exceptionally commonplace. Do these two concepts co-exist? Yes, they do.
Warranties are what the auctioneer expresses (says) about the property. “Folks, here’s a Rolex Submariner Men’s Wristwatch.” Therefore this must be a Rolex Submariner Men’s Wristwatch.
As well, the auctioneer is selling it “AS IS” (and possibly “WHERE IS”) meaning it’s selling in its current condition and possibly present location. Of course, some personal property is shipped to the buyer.
In this example, the watch is being described, but the buyers are warned that the watch is selling in its current condition, for better or worse. However, “worse” can’t be that it’s not a Rolex, Submariner, Men’s, or Wristwatch.
The key issue here is that auctioneers cannot disclaim what they express (say, represent, promise, describe, or show a sample) but they can sell a property in its current condition and location.
Many auctioneers attempt to do both — disclaim any warranties and sell “AS IS” yet that’s not how commerce works here in the United States. You as an auctioneer must stand behind what you say, represent, promise, and describe … and you additionally can disclaim what you imply so long as there is a reasonable opportunity to preview.
Can auctioneers “sell” “AS IS” (and “WHERE IS”) in compliance with warranty law? If they are selling “AS IS” (or not) they really have no choice. https://mikebrandlyauctioneer.wordpress.com/2021/06/21/can-an-auctioneer-disclaim-an-express-warranty/.
Finally, if you don’t want to warranty anything in your auction, then note you’re putting up for auction “Lot 1” which would mean you’re only warranting it’s Lot 1 — that is so long as you’re not otherwise representing, promising, describing, or showing a sample.
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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