by George A. Michak | Jun 30, 2020 | Warranties & Inspections
A Lawyer’s Thoughts on an Unprincipled and Unsupported Assault on the Auction Industry That Would Make Auctioneers the Guarantors of Their Sellers’ PropertybyGeorge A. Michak, Esq.† Auctioneering is a nuanced and idiosyncratic profession. As with any specialized...
by George A. Michak | Jun 28, 2020 | Auction Contracts & UCC
I’ve been reading social media posts in which a commentator dabbles in uninformed legal theories and suggests that – in the relationship between an auctioneer (and a seller) on one side of a transaction and a bidder/buyer on the other – “commercial reasonableness”...
by George A. Michak | Jun 4, 2020 | Warranties & Inspections
Social media and the Internet are interesting tools. Among other things: they can be used to facilitate an exchange of ideas and opinions among people with similar interests and occupations; they can provide access to seemingly limitless caches of information (both...
by George A. Michak | Apr 24, 2020 | Bidding & Auction Procedure
Within the auction industry absentee bids left with an auctioneer are generally seen – and should be seen – as a ministerial accommodation to bidders who are unable to be physically present at an auction (or, if present, choose not to execute their own bids). Absentee...
by George A. Michak | Apr 22, 2020 | Auction Contracts & UCC
Article 2 of the Uniform Commercial Code (the “UCC”) is a statute applicable to contracts for the sale of goods. Article 2 has been adopted as state law in forty-nine of the fifty states, with Louisiana being the only non-adopter (although Louisiana applies similar...