Michak Legal · Blog
Auction law. In context.
Analysis and perspective from George A. Michak on the contracts, decisions, and legal issues that shape the auction industry.
Articles are for information and discussion only. They do not constitute legal advice or establish an attorney-client relationship. Articles retain their original publication dates; laws and circumstances may have changed.
A Few Thoughts on Bidder Terms and Conditions, Consideration, and Bid Retraction
Read George A. Michak’s discussion of bidder terms, consideration, bid retraction, and contractual limits on withdrawing bids at auction.
Auctioneer Discretion in Reopening the Bidding to Recognize a Timely Tendered Missed Bid
George A. Michak discusses auctioneer discretion, timely missed bids, UCC Section 2-328, and contract terms governing reopening bidding.
Understanding the Risk Associated with the Auction Purchase of the Brady Football
George A. Michak examines the risks associated with the auction purchase of the Brady football, including bidder expectations and sale terms.
The Highest Bidder vs. the Luckiest Bidder! And, What about the Seller?
George A. Michak discusses missed bids, auctioneer discretion, seller interests, and the terms governing auction acceptance and finality.
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
Read the introduction and link to George A. Michak’s West Virginia Law Review Online article on auction contracts and bidder qualifications.
Auction Industry “Expert” Claims That All Auctioneers Have a Duty to Inspect Every Lot for Latent, or Hidden, Defects
George A. Michak examines claims about auctioneer inspection duties, latent defects, industry practices, and expert testimony in auction disputes.
UCC Article 9 is Not UCC Article 2 – An Attorney’s Thoughts on Context, Credibility, and Commercial Reasonableness in “AS IS” Auction Transactions
George A. Michak explains why the different contexts of UCC Articles 9 and 2 matter when considering auction transactions and secured property.
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
George A. Michak examines AS IS disclaimers, pre-auction inspections, court decisions, and the risks of relying on incomplete legal research.
A Legal Perspective on Absentee Bids
Explore the legal and practical considerations surrounding absentee bids, bidder expectations, auctioneer duties, and auction terms.
A Legal Perspective on the Gap-Filler Provisions of UCC Article 2 for Auctioneers
George A. Michak discusses UCC Article 2 default provisions and how auction contracts and bidder terms can address commercial expectations.
Can an Auctioneer Sell “AS IS” Without a Preview?
George A. Michak examines AS IS auction sales, inspection opportunities, and the legal distinction between warranties and pre-sale previews.
The Non-Paying Bidder and the Risk of Relying on Bad Advice
George A. Michak considers nonpaying auction bidders, contractual remedies, and the risks of relying on unsupported advice about auction law.
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