Mike Brandly, Auctioneer
An auctioneer court-ruling guide …
This issue really isn’t that complex, yet some still don’t seem (and/or refuse) to understand. This “court case” said this, this “court...
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Mike Brandly, Auctioneer
Oct 8, 20213 min read
Contract … and then they remove?
There may not be a personal property auctioneer focused on estates, guardianships, and downsizing type auctions that hasn’t signed a...
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Mike Brandly, Auctioneer
Oct 6, 20213 min read
Highest “bona fide” bidder?
It’s been said (even memorialized in some state law) that at an absolute (without reserve) auction, the seller has the bona fide...
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Mike Brandly, Auctioneer
Oct 4, 20213 min read
Auctioneers: This could happen to anyone
You type in the “address” bar the website you want, and it’s not there. You see that your online auction is no longer up. You cannot...
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Mike Brandly, Auctioneer
Oct 1, 20213 min read
Can a potential bidder sue for being denied?
Our question today involves if a potential bidder at your auction can sue you in response to you denying his right (privilege) to bid? ...
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Mike Brandly, Auctioneer
Sep 29, 20212 min read
Auctioneers & trade fixtures
Auctioneers sell many personal property items from commercial and residential improvements, where either the owner or tenant has...
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Mike Brandly, Auctioneer
Sep 27, 20213 min read
Auctioneers and “times the money?”
For centuries auctioneers have — with a number of similar (or nearly identical) items — sold them “all for one money” or “choice” and/or...
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Mike Brandly, Auctioneer
Sep 24, 20212 min read
Auction Expert Witness Reports
I find myself sitting in a conference room with 7 attorneys — all with the same firm. We’re discussing the subject case when one...
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Mike Brandly, Auctioneer
Sep 22, 20213 min read
Following the law or your own law?
Is it okay to drive 70 miles per hour in a 70 miles per hour zone? Generally, yes, unless circumstances dictate a slower speed — for...
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Mike Brandly, Auctioneer
Sep 20, 20214 min read
Auctioneers and when the circumstances indicate otherwise …
Disclaiming warranties of merchantability and fitness for a particular purpose can be tricky business. As we previously have held,...
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Mike Brandly, Auctioneer
Sep 15, 20213 min read
Auctioneers, freedom, and liberty
Increasingly, it appears [Coronavirus] vaccines and auctioneers don’t mix. “It’s my body …” or “It’s a hoax …” or “There’s a 99% chance...
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Mike Brandly, Auctioneer
Sep 13, 20213 min read
Conspicuous auction disclaimers
Technically, the UCC § 2-316 says that certain disclaimers must be conspicuous and other disclaimers possibly do not. However, laws such...
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Mike Brandly, Auctioneer
Sep 10, 20212 min read
We shouldn’t let bidders retract their bid?
We as auctioneers shouldn’t let bidders retract a bid once made? In other words, the highest bid (and bidder) as all other bids don’t...
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Mike Brandly, Auctioneer
Sep 8, 20214 min read
“AS IS” and who’s the buyer?
We frequently talk about auction-related contracts and more so recently on waving expressed and implied warranties. Of course, we’ve...
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Mike Brandly, Auctioneer
Sep 6, 20212 min read
Are you selling “AS IS” or “as is?”
Are you an auctioneer who’s selling property “AS IS” or “as is?” It likely makes a difference. Today, we discuss more on conspicuous...
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Mike Brandly, Auctioneer
Sep 3, 20213 min read
As is — what it is and what it isn’t
There likely isn’t an auctioneer on earth who hasn’t uttered the words, “as is” regarding how bidders are buying property at auction. ...
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Mike Brandly, Auctioneer
Sep 1, 20212 min read
No sale and that “second auction”
We’ve seen it more than once. Property sells for millions of dollars at auction, and the buyer (the high bidder) breaches the contract...
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Mike Brandly, Auctioneer
Aug 30, 20215 min read
Bidder know? Hear? Understand?
Case law for auctioneers is important. Since 2010 we’ve taught such classes across the United States and auctioneers tell me it’s some...
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Mike Brandly, Auctioneer
Aug 26, 20213 min read
Bidders — buyers — “ghosting” auctioneers
Do bidders who bid and win at auction … and then cease any further communication with the auctioneer/seller deserve our further attention?...
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Mike Brandly, Auctioneer
Aug 24, 20213 min read
Auctioneers and personal choice
The United States is a county founded on freedom. Freedom of speech, freedom of religion, freedom to assemble, freedom to keep and bear,...
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