Mike Brandly, Auctioneer
Westgate State Bank v. Clark, 642 P.2d 961 (Kan. 1982)
Forced sales, court-ordered auctions, and the like are often held to a “commercially reasonable” standard. It’s clear commercially...
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Mike Brandly, Auctioneer
Jun 16, 20202 min read
Can auctions be irritating?
Our question today is: Can auctions be irritating? I’ve held they can be, but when a fellow auctioneer tells me they are, and cause him...
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Mike Brandly, Auctioneer
Jun 15, 20203 min read
The Supreme Court of the United States & auctioneers
I’ve seen reference to the Supreme Court of the United States (the Court) and “common law” rulings, and that decisions by the Court are...
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Mike Brandly, Auctioneer
Jun 14, 20202 min read
Auctioneers and attorney opinions
The last number I could find (2018) noted there were 1,338,678 licensed practicing lawyers in the 50 states, Washington, D.C., and five...
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Mike Brandly, Auctioneer
Jun 13, 20203 min read
Auctioneers and case law
Auctioneers (along with the public) are regulated by law here in the United States. Where does that law come from? Generally, our...
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Mike Brandly, Auctioneer
Jun 12, 20202 min read
Magical auctioneer disclaimers
Yes, I used the term “magical disclaimers” where I suggested live auctioneers aren’t likely secure from potential (or actual) liability...
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Mike Brandly, Auctioneer
Jun 11, 20202 min read
Only some Constitutional rights?
I try to never venture outside of auction-related topics on this blog. I decided this subject was important, and did indeed apply to...
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Mike Brandly, Auctioneer
Jun 10, 20202 min read
Auctions, non-refundable deposits
A bidder registers for an auction, with a required $5,000 deposit. He is deemed the high bidder and that $5,000 is deposited in the...
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Mike Brandly, Auctioneer
Jun 9, 20202 min read
Auctioneer immunity?
Is there such a thing as “auctioneer immunity?” I can’t find a reference to any federal or state law, but maybe I missed it? In other...
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Mike Brandly, Auctioneer
Jun 8, 20202 min read
Weren’t we all supposed to be doing online auctions?
I’ve heard it for nearly 20 years … “You’re doing live auctions? You need to move to online-only — lots more bidders, higher prices,...
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Mike Brandly, Auctioneer
Jun 7, 20202 min read
Online-only and absolutely essential
Sandy Schwartz, head of Cox Automotive, Manheim’s owner, recently said — in part — Essential to online-auction success are “absolutely...
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Mike Brandly, Auctioneer
Jun 6, 20202 min read
You’ve got to be kidding me?
I wasn’t sure what I was reading. Surely I misunderstood? We’re making buying at auction easier, aren’t we? Or are we making it more...
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Mike Brandly, Auctioneer
Jun 5, 20202 min read
Auctioneers individual rights vs any one else’s
In other words, you can do whatever you want, and I can do whatever I want? In fact, most auctioneers would likely agree that: Safety is...
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Mike Brandly, Auctioneer
Jun 4, 20202 min read
Legal advice without the “the rest of the story …”
Auctioneers are certainly advised to secure an attorney for any legal advice. Yet, the advice that any certain action/plan is permitted...
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Mike Brandly, Auctioneer
Jun 3, 20203 min read
So is it time to reopen?
Auctioneers all over the United States have had their businesses affected by the Coronavirus (COVID-19) — some live auctions have been...
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Mike Brandly, Auctioneer
Jun 2, 20202 min read
… and you’re not doing it online for what reason?
I’ll continue to ask this when I hear anything like, “I don’t know how we’re going to keep bidders 6′ apart, and insist they all …” If...
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Mike Brandly, Auctioneer
Jun 1, 20202 min read
Auctioneers “Can too …” defenses
Here’s what we’re seeing — and hearing as auctioneers: “You may have been told that you can’t do … something … and actually you can.” ...
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Mike Brandly, Auctioneer
May 31, 20202 min read
Auctions, fairness and equity
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) was a case in New York where the seller of a home previously held as “haunted”...
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Mike Brandly, Auctioneer
May 30, 20202 min read
Title transfers on, “Sold!?”
We ask this question in light of some buyers (denoted as such) not paying, saying they didn’t bid, wanting to renegotiate the terms or...
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Mike Brandly, Auctioneer
May 29, 20202 min read
Auctioneers, claims and insurance
Of course, what do some insurance companies do when a claim is filed? Deny coverage, attempt to limit their liability, and possibly...
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