Mike Brandly, Auctioneer
Is bidding at auction protected free speech?
Auctioneers have argued in Tennessee that online auctions cannot require a license (be burdened by a government license) because the...
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Mike Brandly, Auctioneer
Jan 8, 20213 min read
Auctioneers and judicial review
Auctioneers, albeit infrequently, find themselves in court. The issues could constitute a myriad of things including licensing laws...
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Mike Brandly, Auctioneer
Jan 7, 20213 min read
Are we really getting market value?
Previously, we suggested if you as an auctioneer keep selling to the same people all the time, you might not be maximizing your seller’s...
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Mike Brandly, Auctioneer
Jan 5, 20213 min read
You have a database of what?
An auctioneer told me he had a database of 30,000+ … what? He said, “buyers” but I’m not convinced. In other words, 30,000+ people who...
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Mike Brandly, Auctioneer
Jan 4, 20213 min read
Can an auctioneer accept only cash?
We recently wrote about the right for an auctioneer/seller to refuse to accept cash for purchases. That analysis here: ...
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Mike Brandly, Auctioneer
Dec 31, 20203 min read
Auctioneers: The source matters
We are bombarded with information every second of every day. It comes via the Internet, television, radio, and newspapers available to...
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Mike Brandly, Auctioneer
Dec 29, 20203 min read
Can an auctioneer refuse cash?
Can an auctioneer prescribe the acceptable methods of payments for auction purchases? Can an auctioneer refuse to take cash? Should an...
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Mike Brandly, Auctioneer
Dec 28, 20202 min read
… until an auctioneer personally experiences
I had the distinct honor to have Fred Strahorn in a class I was teaching. I had not met him prior, but it took no time at all for me to...
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Mike Brandly, Auctioneer
Dec 24, 20204 min read
Can auction bidders be held to things they don’t read?
We have held that by registering for an auction — live and/or online — that such constitutes a contract. We have competent parties,...
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Mike Brandly, Auctioneer
Dec 23, 20202 min read
No auction is “safe” from disaster
Sometimes the online auctioneers tell the live auctioneers that they don’t have to worry about rain, snow, high wind, traffic,...
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Mike Brandly, Auctioneer
Dec 22, 20203 min read
Accepting partial payment
Auctioneers (and thus sellers) have bidders who register to bid, win the bid, but refuse to pay. It’s fairly common in the online...
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Mike Brandly, Auctioneer
Dec 21, 20203 min read
The White House and occupational licensing
On December 14, 2020, President Donald J. Trump issued an Executive Order on Increasing Economic and Geographic Mobility. The complete...
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Mike Brandly, Auctioneer
Dec 18, 20203 min read
Bidding irregularities?
We have sold cars at auction for decades. More recently, those auctions have been online-only. It seems now we have bidders who are...
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Mike Brandly, Auctioneer
Dec 16, 20203 min read
What is “sufficient marketing” for an auction?
Auctions should be advertised (or marketed) sufficiently. As well, auctions should not be advertised insufficiently. So, what’s...
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Mike Brandly, Auctioneer
Dec 15, 20203 min read
Our reserve “rules” we make up
I think I’ve seen almost every rule an auctioneer has for having (and/or not disclosing) the reserve price — including “sellers might or...
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Mike Brandly, Auctioneer
Dec 14, 20203 min read
When is an auction a particularly good decision?
We’ve told countless people that when a seller (owner) has “urgency,” “equity” and “reasonable expectations” that an auction is a perfect...
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Mike Brandly, Auctioneer
Dec 8, 20203 min read
Auctioneers and fine print
As an expert witness in auction cases, I’m seeing more and more fine print — particularly in auction terms and conditions. The thinking...
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Mike Brandly, Auctioneer
Dec 7, 20202 min read
Absolute with a minimum opening
We have written numerous times about without reserve (absolute) auctions coupled with minimum opening bids or minimum bid increments. ...
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Mike Brandly, Auctioneer
Dec 3, 20202 min read
Conflict of interest and net listings
Auctioneers work primarily as agents and for clients (principals) in performing their duties. As such, they would owe loyalty to those...
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Mike Brandly, Auctioneer
Nov 30, 20202 min read
Auctioneers not advertising certain places …
Auctioneers are charged with maximizing their client’s (seller’s) position — raise the most money, clean the warehouse completely out,...
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