by George A. Michak | Mar 14, 2026 | Auction Contracts & UCC
Bidding at auction is a privilege not a right – even if the auction is advertised as a public auction. Auctioneers (and sellers) have the right to establish the Bidder Terms and Conditions for their auctions, including the terms and conditions pursuant to which a...
by George A. Michak | May 3, 2022 | Bidding & Auction Procedure
I was watching another lawyer argue an appeal once, and one of the judges, paraphrasing a point that the lawyer had just made, asked – “Are you saying that . . . .?”. The lawyer responded – “That’s not what I’m saying, your Honor, that’s what the General Assembly...
by George A. Michak | Mar 24, 2022 | Risk, Title & Payment
On Sunday, January 23, 2022, Tom Brady threw a 55-yard touchdown pass to wide receiver Mike Evans who, after scoring, tossed the ball into the stands. A week later, Brady made the surprising announcement that he was retiring from professional football. Because of...
by George A. Michak | Mar 8, 2022 | Bidding & Auction Procedure
I think it’s fair to say that all participants at an auction – the seller, the bidders, and the auctioneer – have a reasonable expectation that property exposed for sale ought to be sold to the bidder who tenders the highest bid. There are times, however, when an...
by George A. Michak | Dec 7, 2021 | Auction Contracts & UCC
Does an auctioneer have to treat all bidders exactly the same, in all respects and under all circumstances, or do the auctioneer and the seller have the discretion to waive or modify bidder qualification requirements in the Bidder Terms and Conditions that are...
