Mike Brandly, Auctioneer
At auction without the genuine intent to sell
We’ve written extensively about auctions where the seller has the “Genuine intent to transfer to the highest bidder regardless of price.”...
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Mike Brandly, Auctioneer
Apr 1, 20172 min read
But the bidders chose to bid again …
We would suggest not, and cite that the Supreme Court of the United States stated such in 1850. In what is the first substantive court...
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Mike Brandly, Auctioneer
Mar 27, 20171 min read
Car auction lights
What do those lights mean at a car auction? There is certainly no nationwide standard, but there is a pattern. Generally, most all buyers...
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Mike Brandly, Auctioneer
Mar 23, 20173 min read
When can auctioneers reopen the bid?
Of the few court cases involving this issue, what has resulted is a somewhat mixed message about reopening for so-called tie-bids,...
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Mike Brandly, Auctioneer
Mar 21, 20173 min read
Unconscionable auction terms
Frequently and particularly at his monthly coin auctions, bidders seem to bid at the last second, resulting in some bids being missed,...
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Mike Brandly, Auctioneer
Mar 20, 20172 min read
Auctioneers recording themselves
For that matter, people at auctions record video and take pictures frequently. They take pictures of the themselves, auctioneers, staff,...
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Mike Brandly, Auctioneer
Mar 15, 20173 min read
Every auction lawsuit: Perception vs. Reality
We’ve consulted in dozens of auction-related cases (litigation) since 2010. Additionally, it’s not unusual for my phone to ring...
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Mike Brandly, Auctioneer
Mar 13, 20173 min read
Should the online platform accept starting bids, max bids, fixed bids or what?
She sees one “offered” by an auctioneer in an online-only auction. She puts in her bid of $500. As Susan places her bid, she wonders …...
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Mike Brandly, Auctioneer
Mar 9, 20173 min read
When does title transfer at an auction?
Absent any contract provisions to the contrary, for personal property the UCC § 2-401 will be applicable here. For real property, title...
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Mike Brandly, Auctioneer
Mar 7, 20174 min read
Is accepting sealed bids an auction?
In fact, our topic today is more something Manson talks about within his numerous responsibilities of this three-day seminar. Our...
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Mike Brandly, Auctioneer
Mar 1, 20173 min read
Auctions that are manifestly unreasonable
Auctions have been taking place for over 2,000 years. Auctioneering is often referred to as the second-oldest profession. One could think...
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Mike Brandly, Auctioneer
Feb 24, 20175 min read
Writing auction contracts to educate people?
I was asked just today in a seminar I was teaching what I thought of this phrase … what I thought it meant for auctioneers. I have to...
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Mike Brandly, Auctioneer
Feb 22, 20172 min read
Is it ever legal to retract your bid?
Here’s the article, titled “Absolute versus reserve auctions: Is it ever legal to retract a bid?” The subtitle of Wayne’s article...
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Mike Brandly, Auctioneer
Feb 16, 20173 min read
At an auction, who’s not the seller?
The auction was underway, and after about 30 minutes, a fairly regular buyer known by the auctioneer interrupted the auction with this...
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Mike Brandly, Auctioneer
Feb 6, 20173 min read
Online bidding goes down
There are likely four parties involved in such situations: (1) the seller, (2) the bidder(s,) (3) the auctioneer & (4) the online...
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Mike Brandly, Auctioneer
Jan 26, 20172 min read
Missed or misplaced bids?
That contention encompasses that it is the responsibility of the bidder to make his bid known, rather than the responsibility of the...
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Mike Brandly, Auctioneer
Jan 17, 20172 min read
Is bidding at auction a privilege or right?
An auction event essentially invites bidders/buyers to participate by allowing them to contract with the auctioneer/seller. This contract...
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Mike Brandly, Auctioneer
Jan 16, 20173 min read
Name your price … really?
We as auctioneers have two choices when selling anything at auction: Sell it absolute or sell it with reserve. The absolute auction...
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Mike Brandly, Auctioneer
Jan 10, 20172 min read
Live auction credit card chargebacks
We wrote about credit card chargebacks in 2012, largely looking at when the buyer is out of town — or across the country — and the...
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Mike Brandly, Auctioneer
Jan 6, 20172 min read
The burden of auctioneer prowess
His story was fairly straightforward in that his seller-client had hired an auctioneer to sell a coin collection. The auction took place...
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