#adhesionary

Auction law and absurd results

What is “absurd” in regard to any auction law? What is absurd in regard to any law? Let’s start with this: Do legislators (state/national) create laws which do not anticipate all circumstances? They do.

In Veronica M. Dougherty’s paper cited below, she notes this passage:

The same common sense accepts the ruling, cited by Plowden, that the statute of 1st Edward II, which enacts that a prisoner…

Duhon v. Activelaf, LLC, 2016-0818 (La. 10/19/16); 2016 La. LEXIS 2089

Duhon v. Activelaf, LLC, 2016-0818 (La. 10/19/16); 2016 La. LEXIS 2089 James Duhon versus Activelaf, LLC, D/B/A Skyzone Lafayette and Underwriters at Lloyds, London No. 2016-CC-0818 SUPREME COURT OF LOUISIANA 2016-0818 (La. 10/19/16); 2016 La. LEXIS 2089 October 19, 2016, Decided NOTICE: THIS DECISION IS NOT FINAL UNTIL EXPIRATION OF THE FOURTEEN DAY REHEARING PERIOD. SUBSEQUENT HISTORY:…

The “corruption” of the auction industry?

I’ve been writing for a while about auctioneers mistakenly reopening the bid after, “Sold!” Previous to that, we had also written about auctioneers advertising property for auction “absolute” when in fact the property isn’t selling absolute. Some might say (including Shannon Hunter, Auctioneer) that these are the two most material issues in the auction industry today. In other words, are we…

An auction where 2=1?

We as auctioneers work in an industry without an abundance of laws, rules, regulations and case law compared to most occupations. In contrast, we work in an environment of “customary practice” more than anything else. What we do — how we operate — our procedures — are generally viewed as acceptable if “everyone else is doing it.” This is proven every day as the public largely considers any…

Auctioneers vs. Auction Portals

I’ve been involved in 100’s of divorce appraisals. Some marriages as short as a few months, and some as long as 40 years. Nobody gets married with the intent to divorce, but it happens. Relatedly, auctioneers and auction portals began marrying around 1999 and that trend continues today. However, just like any marriage, there is divorce. And with some divorces, there is a related lawsuit. The…