Mike Brandly, Auctioneer
15 things … a bid calling law primer
However, it seems some auctioneers don’t know much of what legally is going on when they bid call. Here, we present the legal mechanics...
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Mike Brandly, Auctioneer
Dec 27, 20162 min read
“Auction,” “Price,” “Buy” & “Sale”
We have written before about the suggested shifts away from auctioneers using the word “auction” in their advertising. Most notably: The...
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Mike Brandly, Auctioneer
Dec 22, 20163 min read
Should the auctioneer start the bid?
For example, an auctioneer might say, “Start me out at $15,000 …” [the invitation to bid $15,000] and then a bidder might bid $5,000 [the...
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Mike Brandly, Auctioneer
Dec 20, 20162 min read
Reopen the bid to only certain bidders?
We have written extensively about auctioneers reopening the bid; for instance, here: https://mikebrandlyauctioneer.wordpress.com/2010/07...
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Mike Brandly, Auctioneer
Dec 16, 20162 min read
Another wacky auction legal argument
I have read virtually every article, book and blog regarding auction law and/or customary practice that exists. And I’ve sure seen some...
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Mike Brandly, Auctioneer
Dec 12, 20164 min read
Auctioneer Discretion and Control in Registering Bidders
In so doing, I always stress the importance of knowing the law as well as customary practice regarding the auction industry. One topic...
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Mike Brandly, Auctioneer
Dec 5, 20162 min read
What “may” be auctioneers’ terms & conditions’ worst word choice
Yet, I see this word in countless auctioneers’ terms and conditions, and suggest it’s the worst possible word choice. What is this word? ...
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Mike Brandly, Auctioneer
Nov 23, 20162 min read
Some implications of the UCC 2-328
Otherwise, this same brief 254 words is referenced in courts around the United States every day; the implications of the UCC 2-328 are...
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Mike Brandly, Auctioneer
Nov 14, 20163 min read
In an auction (lawsuit,) who has “standing?”
By standing in our context here we mean, “Who does have a legitimate right to sue … an auctioneer?” In a somewhat recent discussion...
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Mike Brandly, Auctioneer
Nov 10, 20163 min read
Auction title and possession
At auction, the words, “title” and “possession” take on somewhat special meaning — but not all that special. In a personal property...
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Mike Brandly, Auctioneer
Oct 31, 20162 min read
Hiring an auctioneer without a written contract
“I hired an auctioneer and things didn’t go right … so what can I do? I don’t have a written contract.” Our first question might be,...
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Mike Brandly, Auctioneer
Oct 18, 20164 min read
Murray, Williston and auction contracts
Murray was a chancellor and a professor of law at Duquesne University in Pittsburgh, Pennsylvania. He was a former dean of the University...
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Mike Brandly, Auctioneer
Oct 13, 20162 min read
“Using” another auctioneer’s license
Likewise, real estate brokers are licensed by state and thus permitted to practice real estate in that state. As large regional [real...
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Mike Brandly, Auctioneer
Oct 11, 20162 min read
Who can sign?
In more modern times, and certainly in most auctioneer-license states, auctioneers endeavor (or are required) to enter into a written...
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Mike Brandly, Auctioneer
Sep 29, 20162 min read
When does an FFL need to be an auctioneer?
The ATF licenses persons who “engage in the business” of selling firearms in the United States. A Federal Firearms Licensee (FFL) is...
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Mike Brandly, Auctioneer
Sep 27, 20162 min read
Terms and conditions only for seller’s protection?
Terms such as this often include that “buyer’s must register,” “everything is being sold ‘as-is,'” and “payment is due at a certain...
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Mike Brandly, Auctioneer
Sep 19, 20162 min read
Absolute but soliciting pre-bids?
Lots of auctioneers recently have been discussing (and sharing) an article exploring why “Wealthy people” choose to sell their...
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Mike Brandly, Auctioneer
Sep 14, 20162 min read
Auctioneers selling counterfeit property
While most auctioneers are probably aware of this law, some might not be as aware that the Act also applies to anyone knowingly selling...
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Mike Brandly, Auctioneer
Sep 9, 20163 min read
What is an “estate” in regard to firearms?
When can an auctioneer sell a firearm without a Federal Firearms License (FFL?) When does an auctioneer need an FFL? We’ve recently...
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Mike Brandly, Auctioneer
Sep 5, 20163 min read
Tax issues at a benefit auction
The questions/issues we’ve received/addressed involve basically two areas — those pertinent to: Contributors to the 501(c)(3)...
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