Michak Legal

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

2022年5月3日 · 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

2022年3月24日 · 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?

2022年3月9日 · 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

2021年12月7日

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

2020年6月30日 · 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

2020年6月28日

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.

2020年6月4日 · 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

2020年4月25日 · 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

2020年4月22日 · 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?

2020年4月17日

“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

2018年11月5日

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?

2018年6月27日 · 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

2017年6月18日 · 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

2017年3月14日 · 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

2017年1月1日 · 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

2016年12月10日 · Auction,Bidder

When I speak to auctioneers, I routinely stress the importance of contracts in (i) establishing...

Selling Encumbered Property at Absolute Auction

2016年11月21日 · Absolute Auction,Encumbrance

Encumbered property (whether real or personal) is, typically, property that is subject to a lien...

Dealing with a Seller's Withdrawal of Property Before the Auction

2016年11月14日 · Auction Law,Auction Contract

Here’s an all too familiar story – Auctioneer is called to look at a possible sale. After...

Dealing with Potential Liability for Technology Failures During Online Auctions

2016年10月22日 · Auction Law,Online Auction,Auction Contract

Technology is a remarkable thing, and it has a tremendous impact on the auction industry. The...

There are a Lot of Moving Parts at an Auction

2016年10月5日 · Auction,Auction Contract,Auction Law

When I speak to auctioneer groups, I often start with a math quiz to calculate all of the...

GEORGE A. MICHAK

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All Categories - Michak Legal

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

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

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

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

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

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

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.

A Legal Perspective on Absentee Bids

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

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

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

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

A FEW THOUGHTS FOR AUCTIONEERS ON CONTRACTS OF ADHESION AND UNCONSCIONABILITY

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

Thoughts on Credit Card Chargebacks Affecting Auctioneers

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

Selling Encumbered Property at Absolute Auction

Dealing with a Seller's Withdrawal of Property Before the Auction

Dealing with Potential Liability for Technology Failures During Online Auctions

There are a Lot of Moving Parts at an Auction

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Blog entries are for discussion purposes only, and do not constitute legal advice; nor do they establish an attorney-client relationship. You should consult with an attorney of your own choosing before making decisions having legal consequences.

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

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

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