by George A. Michak | Apr 17, 2020 | Warranties & Inspections
“AS IS” – “WHERE IS” – “WITH ALL FAULTS” . . . . Those phrases have been uttered by auctioneers, and written into Bidder Terms and Conditions, probably for as long as there have been auctioneers. The purpose is to disclaim any and all implied warranties by the...
by George A. Michak | Nov 5, 2018 | Risk, Title & Payment
Mark Twain famously observed that – “It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” These cautionary words are as relevant today as when first penned, and should be considered before accepting –...
by George A. Michak | Jun 27, 2018 | Bidding & Auction Procedure
I recently read a blog entry describing the notion that a lot might be “unsold” after the fall of the hammer as “far fetched”. In reality, however, the notion that a lot might be “unsold” is not “far fetched” at all – at...
by George A. Michak | Jun 18, 2017 | Auction Contracts & UCC
It seems that everyone, or most everyone, remembers that house in or near their neighborhood growing up. It was just creepy, might have been haunted, but whatever was going on in there, you just didn’t want to know about – certainly not first hand. However, more often...
by George A. Michak | Mar 13, 2017 | Risk, Title & Payment
The UCC, Bidder Terms and Conditions, and Why a Romalpa Clause is the Wrong Tool for the Job Considering Title, Possession, and Risk of Loss in the Sale of Personal Property at Auction: The UCC, Bidder Terms and Conditions, and Why a Romalpa Clause is the Wrong Tool...
