Mike Brandly, Auctioneer
Stopping an absolute auction
The question was, “Can an auctioneer stop an absolute auction once underway …?” Let’s take a look at this sign. “Everything will be sold...
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Mike Brandly, Auctioneer
Sep 15, 20143 min read
Auctioneers & the Statute of Frauds Part III
In Williston’s “Williston on Contracts” an important point about the Statute of Frauds for auctioneers is noted. In § 29:40 (4th Ed), as...
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Mike Brandly, Auctioneer
Aug 25, 20143 min read
Auctioneer doesn’t pay full price?
We previously wrote more about our operation here: http://mikebrandlyauctioneer.wordpress.com/2014/05/27/auctioneers-and-d-u-s-t/ Another...
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Mike Brandly, Auctioneer
Aug 20, 20143 min read
Auctioneer buys and then …
What about the auctioneer’s staff bidding? Can they bid at auctions when they are working for the auctioneer? Should they bid at...
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Mike Brandly, Auctioneer
Aug 11, 20143 min read
Bid calling is just numbers?
Actually, numbers, “Just rolling through the air?” was what I heard proposed. Auctioneers have bid called for 1,000’s of years. In the...
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Mike Brandly, Auctioneer
Aug 7, 20143 min read
We’ve always done it this way …
When the conversation turns to something like the UCC 2-328, contract law, or the like, and I point out that a certain practice is...
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Mike Brandly, Auctioneer
Aug 5, 20142 min read
Can an auctioneer refuse a higher bid?
It’s well established that there are only two types of auctions: Any auction is either “with reserve” or “without reserve.” And the...
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Mike Brandly, Auctioneer
Jul 21, 20143 min read
All known material facts
There might not be a real estate agent in the United States who hasn’t heard these four words. A home where there was a recent murder? A...
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Mike Brandly, Auctioneer
Jul 14, 20143 min read
When the auctioneer takes a bid
Equally, there seems to be lots of confusion. The auctioneer can’t bid; the auctioneer can bid; the auctioneer can maybe bid? Today, we...
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Mike Brandly, Auctioneer
Jul 3, 20142 min read
The auctioneer-hiring-another-auctioneer contract
In situations such as this, it is customary for the primary auctioneer to maintain his (or her) relationship with the client(s). Then,...
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Mike Brandly, Auctioneer
Jun 25, 20144 min read
As-is with the emphasis on “is”
The “as-is” standard is so widely used in the United States that even the Supreme Court of the United States has discussed the issue at...
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Mike Brandly, Auctioneer
Jun 23, 20143 min read
Commercially reasonable auctions
For instance, Let’s say a storage unit tenant has not paid his monthly rent for several months. It’s likely the storage unit owner can...
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Mike Brandly, Auctioneer
Jun 17, 20142 min read
21 ways auctioneers denote age
“Antique chest of drawers,” “Vintage jewelry,” and “Retro clothing and costumes” all suggest a certain time frame or age of personal...
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Mike Brandly, Auctioneer
Jun 12, 20142 min read
Auctioneer clause concerns
Auctioneers typically enter into contracts with their sellers (clients.) These contracts often note the date and location of auction,...
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Mike Brandly, Auctioneer
Jun 9, 20142 min read
Contract terms counter to law
For example in a contract to sell or an agreement to abide by certain terms and conditions, that document counters established law. Two...
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Mike Brandly, Auctioneer
May 21, 20144 min read
Auctioneers and the seller’s identity
Secondly, there are no laws which require auctioneers to disclose the seller’s identity to (potential) bidders. Despite these facts, it...
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Mike Brandly, Auctioneer
May 19, 20143 min read
Children at auctions?
And it would be hard to find an auctioneer who wouldn’t want children exposed to the auction method of marketing. In fact, it’s likely...
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Mike Brandly, Auctioneer
May 11, 20142 min read
We’re selling the shelf and giving you the …
He conducted mostly onsite auctions where we were selling primarily antiques, collectibles, furniture, tools, etc. We would often get...
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Mike Brandly, Auctioneer
May 7, 20144 min read
King Augeo and fair, equitable auctions
King Augeo reigned over the 1000’s of acres of his kingdom where all commerce by law was conducted by auction. The King’s Court of six...
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Mike Brandly, Auctioneer
Apr 20, 20143 min read
Credit card (surcharge) mess for auctioneers
At that time, we used a Verifone 330 credit card swiper, a DC power supply, a Motorola bag phone and a long antenna. We were the first...
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