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.
Can a “Lot” be “Unsold” After the Fall of the Auctioneer’s Hammer?
Explore George A. Michak’s discussion of auction finality, contract formation, and whether a lot can be unsold after the fall of the hammer.
A Few Thoughts For Auctioneers On Contracts Of Adhesion And Unconscionability
George A. Michak examines contracts of adhesion, unconscionability, and the use of reasonably advantageous terms in auction contracts.
Considering Title, Possession, and Risk of Loss in the Sale of Personal Property at Auction
Consider how the UCC and bidder terms address title, possession, and risk of loss when personal property is sold at auction.
Thoughts on Credit Card Chargebacks Affecting Auctioneers
Read George A. Michak’s analysis of credit card chargebacks, payment disputes, and contractual considerations affecting auctioneers.
Thoughts on Auctioneer Discretion and Control in Registering Bidders and Conducting an Auction
George A. Michak discusses auctioneer discretion when registering bidders, establishing auction terms, and controlling the conduct of an auction.
Selling Encumbered Property at Absolute Auction
George A. Michak examines legal and ethical considerations when property subject to an encumbrance is offered at an absolute auction.
Dealing with a Seller’s Withdrawal of Property Before the Auction
George A. Michak discusses seller withdrawal before an auction and the relationship between UCC Section 2-328 and the seller’s contract.
Dealing with Potential Liability for Technology Failures During Online Auctions
Read George A. Michak’s discussion of potential liability for online auction technology failures and the role of bidder terms and conditions.
There are a Lot of Moving Parts at an Auction
Explore the contractual relationships among auctioneers, sellers, and bidders, and the importance of understanding the moving parts of an auction.
Title, Possession, and Risk of Loss for Personal Property Sold at Auction
George A. Michak discusses title, possession, and risk of loss for personal property sold at auction and the importance of bidder terms.
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