Login
Sellers routinely hire auctioneers and in doing so — generally — hire one they feel can adequately handle the subject property’s sale in order to maximize net proceeds in the shortest amount of time.
Today, we explore what standard of care any auctioneer has regardless of how they hold themselves out to the public. We answer a question we received in court the other day asking, “Is there a minimum standard?”
Kenny Lindsay has been trying to tell us but I’m not sure everyone is listening — or maybe not understanding? Our question today is, “Are auctioneers the next travel agents?”
In case our question seems confusing — when was the last time you used a travel agent to book a flight, hotel or rental car? For most, it’s been a while. We could have as well asked about blacksmiths, telephone answering services, video stores, cab drivers … maybe even some fast food cashiers?
We have held nearly our entire auction career that auction disclaimers are risky business, especially if there are warranties and other like expressions used at the same time. Our first writing (of many) might have been in 2012:https://mikebrandlyauctioneer.wordpress.com/2012/05/23/auctioneer-disclaimers/
A tie? The three horses above finishing in a dead heat. Two teams with the identical score at the end of regulation. Politicians with the same number of votes after all are counted. Is this ever the desired result? What’s the theme here?
Auctioneers work as auctioneers for their own auctions, and often hire other auctioneers (commonly referred to as “contract auctioneers”) to assist them. Similarly, an auction barn, facility or the like may secure consignments, and need to hire one or more auctioneers.
We wrote about traits to look for when hiring a contract auctioneer here:https://mikebrandlyauctioneer.wordpress.com/2014/01/03/the-9-important-traits-of-a-contract-bid-caller/
Consumers these days value two things when shopping online — free (or low cost) shipping and quick (or reasonable) shipping. If you’re an auctioneer who is selling anything online these are important considerations.
Given this premise, we discuss here what are reasonable shipping times for auctioneers. In this regard, we reference this the 30-Day Rule which states:
"If you don’t make a statement regarding shipping time, you must ship within 30 days–thus, the 30-Day Rule. The 30-day window begins when the business receives a completed order and payment.
I have the distinct honor to frequently teach other auctioneers about various auction-industry topics. My teaching/presenting includes at the Certified Auctioneer Institute, the National Auctioneers Association (NAA) Designation Academy, NAA Conference & Show, many state auctioneer associations conventions, auction schools and otherwise…
An exhibition by the Malaysian artist serves up a healthy dose of storytelling through an array of repurposed medium
Yes, you can “Bid from the comfort of your home or office” or can you? What if the Internet goes down? What if there’s no electric? What if …
Apparently an attorney told an auctioneer that this phrase should immediately be removed from his auction advertising — as it implied a warranty of service availability. Such could cause an actionable claim against an auctioneer if this “bidding from the comfort of your home or office” was not available for some reason.
This seems to me to be prudent advice.
Auctioneers are regularly engaged by sellers to market and sell their personal or real property. Such marketing involves describing the property adequately so that potential bidders become engaged/interested.
However, what if an auction advertisement said, “Buy this at auction and ski down the hill from your back door,” or “Buy this at auction with a short walk to camp at a state park,” or the like? Other than possible fair housing violations for using “ski” and “walk” (disability,) can a seller or auctioneer essentially guarantee the future?