Mike Brandly, Auctioneer
Absolute, but we might not close
There’s no better way to maximize price at auction than selling at absolute auction. What is an absolute auction? It is the genuine...
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Mike Brandly, Auctioneer
Dec 17, 20213 min read
Good faith, fair dealing, and judicial review
Auctioneers would have much better chances of avoiding litigation (and the related) if they understood and applied “good faith” and “fair...
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Mike Brandly, Auctioneer
Dec 13, 20215 min read
Lyon, Leach, Lerch & “fair dealing”
We have held that bidders register with the auctioneer (and/or seller) to earn the right to participate in an auction. This registration...
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Mike Brandly, Auctioneer
Dec 10, 20212 min read
Commercially reasonableness in court
I’ve held that “commercially reasonable” is a noble standard to adhere to as an auctioneer. Included in such is the opportunity for...
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Mike Brandly, Auctioneer
Dec 5, 20213 min read
Bidders with all the same terms?
Of course, my phone rings … “Hey, I may need your help. I have a bidder who is telling me this other bidder …” As I listen, I know this...
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Mike Brandly, Auctioneer
Nov 30, 20212 min read
“Selling to the highest bidder?”
Do you advertise that you’re “Selling to the highest bidder?” If so, then you should indeed be, “Selling to the highest bidder.” Yet,...
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![Where’s the [auction] link?](https://static.wixstatic.com/media/69aad9_190a0c608c9a4ec8ab1520f345c90841~mv2.jpg/v1/fill/w_1435,h_1078,fp_0.50_0.50,q_90,enc_auto/69aad9_190a0c608c9a4ec8ab1520f345c90841~mv2.jpg)
Mike Brandly, Auctioneer
Nov 29, 20213 min read
Where’s the [auction] link?
Auctioneers regularly share their auctions on social media platforms. This benefits their clients by exposing the auction to more people....
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Mike Brandly, Auctioneer
Nov 25, 20212 min read
Auctions: Too slow? Too fast? Order? Sequence?
Some live auctioneers sell 3 items a minute. Some live auctioneers sell 2 items a minute. Some live auctioneers sell 1 item a minute. ...
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Mike Brandly, Auctioneer
Nov 22, 20212 min read
Auctioneers/staff buying ahead of auction?
Auctioneers regularly visit sellers with property to sell. It may be a house, warehouse, retail establishment, storeroom, or any other...
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Mike Brandly, Auctioneer
Nov 17, 20213 min read
Can two bidders have the same “max bid?”
For online auctions — and for that matter, any auction — bidders can disclose or keep confidential their maximum (max) bid. I might...
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Mike Brandly, Auctioneer
Nov 15, 20212 min read
Would auctioneers rather you didn’t read it?
Many say when it comes to contracting (contracts, terms, and conditions, and the like) that sellers and bidders have a “duty to read” the...
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Mike Brandly, Auctioneer
Nov 11, 20213 min read
Auction disclosures in 1-pt type?
I recently testified in yet another auction case. The issue was basically a “title issue” which wasn’t adequately disclosed (in my...
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Mike Brandly, Auctioneer
Nov 8, 20212 min read
Should your entire online auction be up?
The question is, for a 1,000 lot online auction, should the auctioneer wait to allow bidding (or even put the auction up live) until all...
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Mike Brandly, Auctioneer
Nov 3, 20213 min read
A preposterous commission structure
We previously wrote about so-called “tiered” auctioneer commissions utilized to [properly] address uncertainty:...
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Mike Brandly, Auctioneer
Oct 31, 20213 min read
Auctioneers, Constitution,Vaccines
I previously suggested that auctioneers do not have a constitutional or natural right to “medical freedom.” Of course, many auctioneers...
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Mike Brandly, Auctioneer
Oct 28, 20213 min read
Title, possession, and risks
Most agree that the Uniform Commercial Code (UCC) suggests that by default, once an auctioneer says, “Sold!” title transfers at that time...
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Mike Brandly, Auctioneer
Oct 25, 20212 min read
Steve Proffitt & Discretion
If one word is preached in auctioneer circles it’s “discretion.” For example, discretion to reopen the bid (or not,) or withdraw the...
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Mike Brandly, Auctioneer
Oct 22, 20212 min read
Can you sell a police car at auction?
Can auctioneers sell [decommissioned] police cars/trucks? Fire trucks? Ambulances? Auctioneers do sell these types of vehicles and...
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Mike Brandly, Auctioneer
Oct 14, 20213 min read
Seller bids to raise prices, not to retain title
The UCC § 2-328 has a prescribed solution to solve a seller bidding without disclosure. Basically, the high bidder (the buyer) may void...
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Mike Brandly, Auctioneer
Oct 13, 20213 min read
You don’t conduct absolute auctions?
Auctions are of two distinct types: “With (some sort of) reserve, or without (any such) reserve, also known as “absolute.” Sellers who...
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