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All Categories - AuctionLit

Auctioneer Discretion in Reopening the Bidding to Recognize a Timely Tendered Missed Bid

3 mai 2022 · Auction Law,Auction Bidding,Reopen Bidding,Auction,Auction Contract
I was watching another lawyer argue an appeal once, and one of the judges, paraphrasing a point...

Understanding the Risk Associated with the Auction Purchase of the Brady Football

24 mars 2022 · Auction Law,Auction Contract,Auction,Tom Brady Football,Auction Warranties
On Sunday, January 23, 2022, Tom Brady threw a 55-yard touchdown pass to wide receiver Mike Evans...

The Highest Bidder vs. the Luckiest Bidder!And, What about the Seller?

9 mars 2022 · Auction Law,Auction Contract,Bidder,Reopen Bidding,UCC 2-328
I think it’s fair to say that all participants at an auction – the seller, the bidders, and the...

Alex Lyon & Son, Sales Managers & Auctioneers v. Leach: Auction Contracts, Bidder Qualifications, Offer and Acceptance, Waiver, and the Fallacy of Treating All Bidders the Same

7 décembre 2021
Does an auctioneer have to treat all bidders exactly the same, in all respects and under all...

Auction Industry “Expert” Claims That All Auctioneers Have a Duty to Inspect Every Lot for Latent, or Hidden, Defects

30 juin 2020 · Auction Law,Auction,disclosure,latent defect,auction expert
Auctioneering is a nuanced and idiosyncratic profession. As with any specialized field, when an...

UCC Article 9 is Not UCC Article 2 -An Attorney’s Thoughts on Context, Credibility, and Commercial Reasonableness in “AS IS” Auction Transactions

28 juin 2020
I’ve been reading social media posts in which a commentator dabbles in uninformed legal theories...

A Lawyer’s Perspective on the AS IS Disclaimer, Pre-Auction Inspections, and the Potentially Embarrassing Consequences of Making Legal Arguments Based on Google Searches and the Straw Man Fallacy by George A. Michak, Esq.        

4 juin 2020 · Auction Law,Online Auction,AS IS,Warranty,Disclaimer
Social media and the Internet are interesting tools. Among other things: they can be used to...

A Legal Perspective on Absentee Bids

25 avril 2020 · Auction Law,Auction Contract,Absentee Bid,Conflict of Interest,Bidder Terms
Within the auction industry absentee bids left with an auctioneer are generally seen – and should...

                  A Legal Perspective on the Gap-Filler Provisions of UCC Article 2 for Auctioneers

22 avril 2020 · Auction Law,Auction Contract,Auction,UCC,2-328
Article 2 of the Uniform Commercial Code (the “UCC”) is a statute applicable to contracts for the...

Can an Auctioneer Sell “AS IS”Without a Preview?

17 avril 2020
“AS IS” – “WHERE IS” – “WITH ALL FAULTS” . . . . Those phrases have been uttered by auctioneers,...

The Non-Paying Bidder and the Risk of Relying on Bad Advice

5 novembre 2018
Mark Twain famously observed that – "It ain’t what you don’t know that gets you into trouble. It...

Can a "Lot" be "Unsold" After the Fall of the Auctioneer's Hammer?

27 juin 2018 · Auction Law,Auction Contract,Online Auction,Bidding,Reopen Bidding
I recently read a blog entry describing the notion that a lot might be "unsold" after the fall of...

A FEW THOUGHTS FOR AUCTIONEERS ON CONTRACTS OF ADHESION AND UNCONSCIONABILITY

18 juin 2017 · Auction,Auction Contract,adhesion
It seems that everyone, or most everyone, remembers that house in or near their neighborhood...

Considering Title, Possession, and Risk of Loss in the Sale of Personal Property at Auction

14 mars 2017 · title,Auction,Possession and risk
Considering Title, Possession, and Risk of Loss in the Sale of Personal Property at Auction: The...

Thoughts on Credit Card Chargebacks Affecting Auctioneers

1 janvier 2017 · Auction,Chargeback,Escrow
Credit card chargebacks can pose real risks, and real problems, for auctioneers. Basically, a...

Thoughts on Auctioneer Discretion and Control in Registering Bidders and Conducting an Auction

10 décembre 2016 · Auction,Bidder
When I speak to auctioneers, I routinely stress the importance of contracts in (i) establishing...

Selling Encumbered Property at Absolute Auction

21 novembre 2016 · Absolute Auction,Encumbrance
Encumbered property (whether real or personal) is, typically, property that is subject to a lien...
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    Auctioneer Discretion in Reopening the Bidding to Recognize a Timely Tendered Missed Bid

    3 mai 2022 · Auction Law,Auction Bidding,Reopen Bidding,Auction,Auction Contract
    I was watching another lawyer argue an appeal once, and one of the judges, paraphrasing a point...

    Understanding the Risk Associated with the Auction Purchase of the Brady Football

    24 mars 2022 · Auction Law,Auction Contract,Auction,Tom Brady Football,Auction Warranties
    On Sunday, January 23, 2022, Tom Brady threw a 55-yard touchdown pass to wide receiver Mike Evans...

    The Highest Bidder vs. the Luckiest Bidder!And, What about the Seller?

    9 mars 2022 · Auction Law,Auction Contract,Bidder,Reopen Bidding,UCC 2-328
    I think it’s fair to say that all participants at an auction – the seller, the bidders, and the...

    Alex Lyon & Son, Sales Managers & Auctioneers v. Leach: Auction Contracts, Bidder Qualifications, Offer and Acceptance, Waiver, and the Fallacy of Treating All Bidders the Same

    7 décembre 2021
    Does an auctioneer have to treat all bidders exactly the same, in all respects and under all...

    Auction Industry “Expert” Claims That All Auctioneers Have a Duty to Inspect Every Lot for Latent, or Hidden, Defects

    30 juin 2020 · Auction Law,Auction,disclosure,latent defect,auction expert
    Auctioneering is a nuanced and idiosyncratic profession. As with any specialized field, when an...

    UCC Article 9 is Not UCC Article 2 -An Attorney’s Thoughts on Context, Credibility, and Commercial Reasonableness in “AS IS” Auction Transactions

    28 juin 2020
    I’ve been reading social media posts in which a commentator dabbles in uninformed legal theories...

    A Lawyer’s Perspective on the AS IS Disclaimer, Pre-Auction Inspections, and the Potentially Embarrassing Consequences of Making Legal Arguments Based on Google Searches and the Straw Man Fallacy by George A. Michak, Esq.        

    4 juin 2020 · Auction Law,Online Auction,AS IS,Warranty,Disclaimer
    Social media and the Internet are interesting tools. Among other things: they can be used to...

    A Legal Perspective on Absentee Bids

    25 avril 2020 · Auction Law,Auction Contract,Absentee Bid,Conflict of Interest,Bidder Terms
    Within the auction industry absentee bids left with an auctioneer are generally seen – and should...

                      A Legal Perspective on the Gap-Filler Provisions of UCC Article 2 for Auctioneers

    22 avril 2020 · Auction Law,Auction Contract,Auction,UCC,2-328
    Article 2 of the Uniform Commercial Code (the “UCC”) is a statute applicable to contracts for the...

    Can an Auctioneer Sell “AS IS”Without a Preview?

    17 avril 2020
    “AS IS” – “WHERE IS” – “WITH ALL FAULTS” . . . . Those phrases have been uttered by auctioneers,...

    The Non-Paying Bidder and the Risk of Relying on Bad Advice

    5 novembre 2018
    Mark Twain famously observed that – "It ain’t what you don’t know that gets you into trouble. It...

    Can a "Lot" be "Unsold" After the Fall of the Auctioneer's Hammer?

    27 juin 2018 · Auction Law,Auction Contract,Online Auction,Bidding,Reopen Bidding
    I recently read a blog entry describing the notion that a lot might be "unsold" after the fall of...

    A FEW THOUGHTS FOR AUCTIONEERS ON CONTRACTS OF ADHESION AND UNCONSCIONABILITY

    18 juin 2017 · Auction,Auction Contract,adhesion
    It seems that everyone, or most everyone, remembers that house in or near their neighborhood...

    Considering Title, Possession, and Risk of Loss in the Sale of Personal Property at Auction

    14 mars 2017 · title,Auction,Possession and risk
    Considering Title, Possession, and Risk of Loss in the Sale of Personal Property at Auction: The...

    Thoughts on Credit Card Chargebacks Affecting Auctioneers

    1 janvier 2017 · Auction,Chargeback,Escrow
    Credit card chargebacks can pose real risks, and real problems, for auctioneers. Basically, a...

    Thoughts on Auctioneer Discretion and Control in Registering Bidders and Conducting an Auction

    10 décembre 2016 · Auction,Bidder
    When I speak to auctioneers, I routinely stress the importance of contracts in (i) establishing...

    Selling Encumbered Property at Absolute Auction

    21 novembre 2016 · Absolute Auction,Encumbrance
    Encumbered property (whether real or personal) is, typically, property that is subject to a lien...

 

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