Posted by MarkB_MI on June 23, 2017 at 02:50:50 from (70.194.5.89):
In Reply to: Auction dispute posted by LAA on June 23, 2017 at 01:09:19:
It would seem to be a straightforward matter of contract law: Is the sales contract between you and the auctioneer, or between you and the seller? Assuming it's between you and the seller, whether or not his auctioneer is licensed is irrelevant.
There's an interesting discussion of auction contract law in this blog post: https://mikebrandlyauctioneer.wordpress.com/2009/12/29/the-three-3-types-of-auction-contracts/ "When auctioneers bid call, they enter into, typically, oral contracts with the high bidder(s) and then, finally upon “Sold!” they enter into a different contract with the ultimate high bidder — the buyer. These contracts are actually between the seller and the high bidder, and then seller and buyer; the auctioneer acts as an agent for the seller."
If, indeed, the auctioneer is unlicensed, the seller has a valid claim that the auctioneer misrepresented himself. He could sue the auctioneer and maybe get his commission back, but that wouldn't invalidate any of the actual sales, since they are all contracts between buyer and seller. For example, if you sold a house through a real estate agent and later found the agent to be unlicensed, the sale is still valid because it's a contract between you and the buyer. The real estate agent is not a party to the actual sales contract.
Also, if the buyer actually allowed the other buyers at the auction to take delivery of their purchases, that would wreck his case that the auction wasn't done legally and all sales should be invalidated. He can't pick and choose which sales to renege on; it's all or nothing.
Upload one or more videos to your post. Photo filesizes should be less than 300K and Videos, less than 2MB. Formats allowed are gif, jpg, png, ogg, mp4, mov, and avi. Be sure to use filenames without spaces or special characters, and filetypes of 3 digits lower case.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Hydraulics - Cylinder Anatomy - by Curtis von Fange. Let’s make one more addition to our series on hydraulics. I’ve noticed a few questions in the comment section that could pertain to hydraulic cylinders so I thought we could take a short look at this real workhorse of the circuit. Cylinders are the reason for the hydraulic circuit. They take the fluid power delivered from the pump and magically change it into mechanical power. There are many types of cylinders that one might run across on a farm scenario. Each one could take a chapter in
... [Read Article]
Latest Ad:
1964 I-H 140 tractor with cultivators and sidedresser. Starts and runs good. Asking 2650. CALL RON AT 502-319-1952
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.