Mike Brandly, Auctioneer
Caveat venditor and auctions
In contrast, today we write about “Caveat venditor” which is Latin for, “Let the seller beware.” So, how does caveat venditor relate to...
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Mike Brandly, Auctioneer
Aug 17, 20113 min read
Caveat emptor and auctions
The practical matter of caveat emptor is that buyers should be alert to omission, deception and misrepresentation in transactions,...
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Mike Brandly, Auctioneer
Aug 12, 20113 min read
The effect of the “as-is” clause
Here we explore the effect of the “as-is” clause. First, some terminology for our discussion today: Patent: Open, obvious, viewable...
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Mike Brandly, Auctioneer
Aug 6, 20113 min read
We’ll both buy?
Vince arrives to a restaurant auction on Saturday and finds several palettes of new coffee filters. He estimates that there are about...
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Mike Brandly, Auctioneer
Jul 19, 20113 min read
Sold! Subject to seller’s approval?
Bob replied, “Well, I’m unclear. The auctioneer said, “Sold!” but I then heard the seller had 48 hours to accept or reject the offer.”...
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Mike Brandly, Auctioneer
Jul 17, 20113 min read
Sellable position
Now, before we discuss this particular subject of, “sellable position,” we’ll talk about what a ringman normally does. Ringmen work the...
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Mike Brandly, Auctioneer
Jul 8, 20113 min read
Ringman & Bids
Typically someone will mention that, “My ringman had a bid,” or “My ringman was on,” in regard to where the bid was and who was in or...
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Mike Brandly, Auctioneer
Jul 6, 20113 min read
Never reopen the bidding?
His rule is, “I never reopen the bidding.” In over 35 years of auctioneering, he’s not reopened a bid — not once. All of Sammy’s clients...
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Mike Brandly, Auctioneer
Jul 5, 20114 min read
When can the bid be reopened?
Simply put, when an auctioneer says, “Sold!” or uses some other customary closing, he or she denotes: The auctioneer cannot take any...
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Mike Brandly, Auctioneer
Jul 4, 20114 min read
Price fixing at auction
The story goes, in part, that Pritchard and Juno conspired to “appraise” a Confederate Civil War sword on the Antiques Roadshow...
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Mike Brandly, Auctioneer
Jul 3, 20114 min read
Bid suppression at auction
John arrives and surveys the items up for bid, checking his smart phone for item details and comparative pricing. Just then, he sees his...
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Mike Brandly, Auctioneer
Jun 30, 20112 min read
If the seller bids …
The UCC 2-328 speaks to this issue in a somewhat peculiar fashion. In particular: 2-328 (4) If the auctioneer knowingly receives a bid on...
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Mike Brandly, Auctioneer
Jun 27, 20113 min read
Ask your client
We wrote about duties auctioneers owe their clients (sellers) in 2009. As we noted then, auctioneers are special agents for their...
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Mike Brandly, Auctioneer
Jun 22, 20114 min read
UCC 2-328 & Reasonable Time
Bib has held over 10,000 auctions in his career — mostly livestock, farm equipment and real property. Today, Bib is holding an auction...
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Mike Brandly, Auctioneer
Jun 20, 20113 min read
No customary closing?
The joy of teaching is almost always amplified by questions and commentary from attendees before class, at breaks and after class; nearly...
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Mike Brandly, Auctioneer
Jun 20, 20113 min read
Buyer’s premium in Wisconsin
Today, there is no state in the United States where the buyer’s premium is not found. Yet, auctioneers in Wisconsin are not permitted to...
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Mike Brandly, Auctioneer
Jun 14, 20113 min read
Auctioneers & 1099’s
As I frequently teach auctioneer continuing education, I am often asked about this particular issue, as well as more general 1099...
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Mike Brandly, Auctioneer
May 30, 20113 min read
The delicate balance of a great auction
There are also other forced sale auctions including foreclosures, repossessions and court-ordered actions (lacking the seller’s consent)....
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Mike Brandly, Auctioneer
May 29, 20112 min read
Too few filler words?
Today, we explore if an auctioneer can be using too few filler words. In other words, other than the current bid (the have) and the...
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Mike Brandly, Auctioneer
May 26, 20112 min read
Selling choice … and then what?
For instance, if an auctioneer is selling choice of twelve flower arrangements, and the high bid is $12.50, the high bidder may take one,...
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