Mike Brandly, Auctioneer
Auction [house] breakage
It sold for $33.2 Million on November 7, 2007 at Sotheby’s in New York. For purposes of our discussion today, let’s say someone broke it...
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Mike Brandly, Auctioneer
Dec 1, 20154 min read
UCC 2-328 & UCC 1-302
The Uniform Sales Act, drafted by Samuel Williston (1861 – 1963) who served as private secretary for U.S. Supreme Court Justice Horace...
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Mike Brandly, Auctioneer
Nov 27, 20152 min read
Genuine intent to transfer to the highest bidder regardless of price
We discussed this disquisition in some detail — once again — at the National Auctioneers Association‘s Accredited Auctioneer of Real...
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Mike Brandly, Auctioneer
Nov 18, 20152 min read
Seller can’t attend his own auction?
Certainly some sellers desire to watch their property sell at auction, while others do not. For those who want to watch, our question...
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Mike Brandly, Auctioneer
Nov 16, 20153 min read
An auctioneer’s implied authority
One such way auctioneers are sued is for not following the contract with the client … and/or not following the client’s legal directions....
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Mike Brandly, Auctioneer
Nov 10, 20153 min read
An auctioneer’s as-is primer
I’ve told countless auctioneers that the most confusing 254 words in the English language is the UCC 2-328. I think the most confusing...
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Mike Brandly, Auctioneer
Oct 23, 20153 min read
You can’t believe anything I tell you …
Okay folks, let’s get our auction underway. I’m Walt Davis and I’ll be your auctioneer today. Now, remember, you can’t believe anything...
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Mike Brandly, Auctioneer
Oct 8, 20152 min read
Auction buyers are an astute group
I suspect this was the general feeling of many auctioneers dating back to the origins of auction marketing. In fact, I’ve seen evidence...
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Mike Brandly, Auctioneer
Oct 5, 20153 min read
Auctions and the intention to sell
Property owners typically contract with an auctioneer and then that auctioneer offers that property for sale … Or do they? Actually,...
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Mike Brandly, Auctioneer
Sep 29, 20151 min read
Can auctioneers sell “recalled” items?
The Federal Consumer Product Safety Improvement Act of 2008 (CPSIA) dictates among other restrictions that items recalled by the U.S....
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Mike Brandly, Auctioneer
Sep 22, 20152 min read
Pledge, prayer, anthem at auction?
Many events in the United States begin with the National Anthem, the Pledge of Allegiance, and/or a prayer. So, our question today is...
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Mike Brandly, Auctioneer
Sep 15, 20152 min read
How old is that imported item?
How old is that vase, porcelain, china, toy, violin, statuary … a hint might well be in what the label or marking says, and exactly what...
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Mike Brandly, Auctioneer
Sep 10, 20153 min read
Auctioneer business structures
Many auctioneers work as sole proprietors; however, that is rarely the best business arrangement. Here we discuss the various business...
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Mike Brandly, Auctioneer
Sep 7, 20152 min read
Does an auction price equal market value?
This longstanding question is “Does an auction price equal market value?” Relatedly, Bill’s question was if a court had ruled on this...
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Mike Brandly, Auctioneer
Aug 24, 20153 min read
Two bidders, two different lots
Over 15 antique John Deere tractors plus other John Deere equipment and tools sat outside ready for tomorrow’s auction. Vern went to bed...
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Mike Brandly, Auctioneer
Aug 17, 20152 min read
Auctioneer with the help of an FFL …
“We’re not an FFL, but we’ll take them to our facility.” “We have a nearby FFL who will be at the auction to secure the firearms.” “He’ll...
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Mike Brandly, Auctioneer
Aug 4, 20152 min read
When can the auctioneer change terms?
Let’s say an auctioneer has a live auction scheduled with online pre-bidding beginning several days prior. How would terms such as,...
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Mike Brandly, Auctioneer
Aug 1, 20152 min read
Can a minor sell a gun at auction?
We held that the contract for sale (transferring title and possession) is void in these cases and therefore the gun still belongs to...
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Mike Brandly, Auctioneer
Jul 27, 20152 min read
Auctions and equitable servitude
Albert is coincidentally 85 years old and has always told himself that when he reached that age he would sell his property to the county...
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Mike Brandly, Auctioneer
Jul 20, 20152 min read
An absolute auction with a minimum qualifying deposit
We were discussing absolute auctions at the NAA Conference & Show in Addition, Texas July 14-18, 2015. Our discussion involved that...
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