Mike Brandly, Auctioneer
Can an auctioneer disclaim an express warranty?
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling an...
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Mike Brandly, Auctioneer
Jun 10, 20214 min read
Court cases and one important lesson
… in 2015 the Superior Court of the State of California (Orange County) in a jury trial found that the auctioneer was permitted to treat...
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Mike Brandly, Auctioneer
Jun 7, 20213 min read
Anomalist Auctioneers
I’ve only used the term once before on this platform. Generally, people use the word, “anomalist” for 2-3 different circumstances, but in...
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Mike Brandly, Auctioneer
Jun 3, 20215 min read
Unnecessary risk & really bad advice
Ever eat at a McDonald’s? I bet most auctioneers have at least once, if not more. I’ve eaten at one particular McDonald’s more lately as...
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Mike Brandly, Auctioneer
May 31, 20213 min read
United States v. Blair, 193 F.2d 557 (10th Cir. 1952) Revisited
We’ve written prior about United States v. Blair, 193 F.2d 557 (10th Cir. 1952) and United States v. Weisbrod, 202 F.2d 629 (7th Cir....
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Mike Brandly, Auctioneer
May 27, 20213 min read
Bidders agreeing or contracting?
We’ve held here on this platform and otherwise that an “agreement” and a “contract” are essentially the same things — one sounding a bit...
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Mike Brandly, Auctioneer
May 25, 20213 min read
Did you really agree with (to) those terms?
Bidders don’t read. Bidders don’t understand. Bidders ignore what we tell them. Yet, we auctioneers write our own terms and conditions...
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Mike Brandly, Auctioneer
May 21, 20213 min read
Every auctioneer in court hears …
After sitting in courtrooms around the country, helping attorneys and their clients in auction litigation cases, I have to say that...
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Mike Brandly, Auctioneer
May 20, 20213 min read
What is an “order of sale?”
Countless auctioneers announce (expressed) or post (expressed) or suggest (imply) some sort of “order of sale” at the start of any live,...
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Mike Brandly, Auctioneer
May 19, 20213 min read
Selling at (or about) a certain time
Many auctions have specific times set for certain property — the house/real property sells at 12:00 noon. The car sells at 1:00 pm. The...
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Mike Brandly, Auctioneer
May 18, 20213 min read
Changing the “order of sale?”
Your auction is set. As you have advertised on your website and posted at the auction, you will start in the front yard at 10:00 am and...
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Mike Brandly, Auctioneer
May 17, 20213 min read
You don’t have an “order of sale?”
Your auction is set to start in about an hour (if you actually decide to start in about an hour?) and I’m an interested bidder. I’ve...
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Mike Brandly, Auctioneer
May 10, 20213 min read
Online bidder retraction mechanics
We previously wrote that in an online auction, high bidders have the right (state law) to retract their bids prior to, “Sold!” We also...
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Mike Brandly, Auctioneer
May 5, 20213 min read
Should auctioneers be ethical?
We have held for decades that auctioneers should be ethical — without possibly expressing that exact wish on this platform. We have,...
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Mike Brandly, Auctioneer
May 3, 20213 min read
Commissions, fees, and uncertainty
Auctioneers take on a number of diverse projects — maybe contract bid calling one day, cleaning and readying farm equipment the next day,...
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Mike Brandly, Auctioneer
Apr 30, 20212 min read
Can a government stop an auction?
Most auctioneers in the United States probably don’t think so, but it’s likely any government can stop any auction and/or auction event. ...
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Mike Brandly, Auctioneer
Apr 28, 20213 min read
Is this auctioneer licensed?
It’s early morning Saturday and I’m driving to our auction. I stop at a stoplight and glance over at the car in the next lane. I have a...
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Mike Brandly, Auctioneer
Apr 26, 20212 min read
World record for a one-of-a-kind?
We in the auction business like to say “world record” maybe more than any other occupation. “This sold for a world record,” and “That...
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Mike Brandly, Auctioneer
Apr 22, 20213 min read
Good faith, diligence, reasonableness, and care
Or, if you prefer, I suppose, “Bad faith, negligence, unreasonableness, and carelessness?” As a frequent auction expert witness (over 40...
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Mike Brandly, Auctioneer
Apr 20, 20213 min read
Perfect, flawless … or is it?
We’ve written about this issue numerous times. Something is held to be a certain type, condition … only to be disclaimed by the famous...
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