Auctioneers, sellers, and bidders/buyers have to be more careful. In this regard, there are [maybe] some firearms, equipment, or jewelry I would buy at this auction, but not under these conditions. Welcome to another visit to the unfortunate crazy side of the auction industry.
This particular auction indicates the auctioneer is providing statements and descriptions in “good faith” but does not warrant the accuracy or completeness of such statements. Additionally, for even less good faith, all expressions are merely “opinions.”
In other words, this auctioneer can say anything (and probably is) and you can’t hold him to anything he expresses or implies because he said so, even though he told you he was acting in “good faith.” Maybe this auctioneer doesn’t know what “good faith” is?
Worse yet, if the auctioneer can’t be held to any descriptions or other expressions, can I as a bidder (or seller) hold the auctioneer to the fact I can’t be held to any descriptions or other expressions? Didn’t I just see, essentially, that I can’t rely on anything he says?
And the “icing on the cake?” The auctioneer also notes, “No refunds, no exceptions.” So no matter what, when the auctioneer says “Sold!” or completes the sale otherwise (assuming he’s not taking bids out of thin air) the buyer is stuck with the item, for better or worse. Yes, it’s this crazy.
It is indeed possible this auctioneer doesn’t know better. I don’t see him at any state or National Auction Association meetings or seminars. I don’t see any engagement in continuing his education, or any other attempt to remain conscious of legal/ethical standards or good behavior. Or, maybe he does know better, which makes this an even worse practice.
Do you think maybe he’s just bluffing? In other words, if a buyer pressed the issue, he’d make things right? Maybe that’s what most all auctioneers are doing? https://mikebrandlyauctioneer.wordpress.com/2023/09/20/sorry-you-bought-it-as-is/. Actually, I don’t believe that for a second.
Auctioneers seem to be tying themselves in knots about saying what property “is” but then trying to say they didn’t say that. “My staff said it,” “Somebody told me that,” “It’s just my opinion,” “I’m exclusively using to market,” “It only might be what I’m telling you,” Even as audacious as, “I said it but I didn’t say it.”
Fortunately for this auctioneer (and all others practicing crazy), I’m assured — by many of these same crazy auctioneers — that nobody reads (or understands) your terms and conditions. Maybe it would be just as good to not have any terms and conditions and make it up as you go? Oh, that’s crazy?
What about this? How about we act in good faith with bidders and buyers (and sellers,) and tell the truth standing behind what we say? If the auctioneer says it’s a “New Smith & Wesson M&P 22 Compact Series Handgun” then it should be. How difficult is that? You expect this type of behavior everywhere you buy anything else …
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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