mmeswarb@huntel.net wrote:
> Sorry, I didn't make this up, just copied it from an auto auction
> brochure:
>
> All Sales "As is where is", subject solely to the buyer's advanced
> inspection. No guarantees or warranties of any type are made by ____
> Auction Co.
>
> Like Norm said, Bad News.
>
> Mark
Mark,
First - I am not shooting the messenger. I believe that your quote is probably
totally correct, or at least typical. I am not so sure that saying it makes it
legally binding, but then Jay's the attorney, and I'm just the Rocket
Scientist. I believe that they do have a fiduciary responsibility to assure
mis-representation does not occur. I don't believe that 4 out of 12 juror's
would side with an auctioneer. (Civil Case). Maybe 12 would think he did have a
duty, regardless of his fine print (Criminal Case). As far as the seller is
concerned....
In any event, I sure hope Norman pursues this, solely to provide the parties
involved with his knowledge. He is, after all, the acknowledged expert in this
field, and has access to the trail of evidence. He could do worse than being
called as an expert witness. They get paid, you know, and he would deserve
every $400/hour he would get.
I wonder if any of them would care to look up the nozzle of one of my launch
vehicles and tell us when they see the fire start?
--
Steve Laifman < One first kiss, >
B9472289 < one first love, and >
< one first win, is all >
< you get in this life. >
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