Mike Brandly, Auctioneer
Auctioneer reserves the right to reject any bid?
More specifically, “Auctioneer reserves the right to reject any bid from any bidder?” We would ask, does “bidder” mean “registered...
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Mike Brandly, Auctioneer
Dec 28, 20224 min read
Buyer inspection & UCC § 2-316
Auctioneers often inquire if one can sell “as-is” (AS IS) without offering the bidders/buyers the opportunity to inspect the property...
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Mike Brandly, Auctioneer
Dec 24, 20223 min read
Auction bright lines and a noteworthy footnote
We’ve written before that denoting an absolute auction requires the use of “absolute” or “without reserve” — and no other words do so —...
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Mike Brandly, Auctioneer
Dec 7, 20223 min read
Who is the [auction] seller?
I was testifying in an auction case, and told the presiding judge that “Anyone can bid at an absolute auction except the seller unless...
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Mike Brandly, Auctioneer
Dec 5, 20223 min read
Are auctioneers “entitled” to their opinion?
Not just auctioneers, but rather, everyone is “entitled” (in the United States) to think (and maybe say or write) just about anything, or...
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Mike Brandly, Auctioneer
Dec 1, 20223 min read
Is E&O insurance enough? It’s not
Every auctioneer today needs enough insurance. Every auctioneer also needs to be operating in a proper business structure to help...
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Mike Brandly, Auctioneer
Nov 27, 20224 min read
Auctioneers … and “I still don’t believe it”
I was sitting with an auctioneer in an attorney’s office in 2011 going over his case and how I could possibly help him. I have certainly...
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Mike Brandly, Auctioneer
Nov 23, 20222 min read
Auctioneer limits the bidding?
I’m not sure why. I’m fairly sure it’s not a good idea. Would any auctioneer know that not one single lot in this auction wasn’t worth...
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Mike Brandly, Auctioneer
Nov 21, 20222 min read
Can an auctioneer disclaim an implied warranty?
Are you disclaiming implied warranties in your terms and conditions? You might be. Your terms note such and your attorney has told you...
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Mike Brandly, Auctioneer
Nov 18, 20223 min read
Auctions and parol evidence
We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from...
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Mike Brandly, Auctioneer
Nov 16, 20222 min read
Anything I say is not binding?
Let’s just say that an auctioneer’s terms note: Buyer agrees that any oral representation made by the auctioneer shall not modify these...
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Mike Brandly, Auctioneer
Nov 14, 20223 min read
Auctioneer evolution?
I’ve seen this graphic many times … we auctioneers started out as apes? Well, maybe not, but more recently we went from so-called live...
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Mike Brandly, Auctioneer
Nov 12, 20222 min read
Auction [license] law principles
In states which license occupations, and in particular auctioneers and auction activity, the law essentially gives permission to conduct...
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Mike Brandly, Auctioneer
Nov 9, 20222 min read
“Buy at your price” … or not.
Let’s see … I can buy “this” property for my price so I’m thinking I can determine the price. Of course, if it’s an auction, I’ll...
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Mike Brandly, Auctioneer
Nov 4, 20222 min read
Regardless with a suggestion?
We’ve sold an immense amount of property at auction — absolute to the highest bidder. In other words, those sellers (clients) had the...
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Mike Brandly, Auctioneer
Nov 2, 20222 min read
Auctioneers & Agency
No agency exists unless created — and what creates it? Knowledge of the relationship, and consent to it. Agency begins with the client...
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Mike Brandly, Auctioneer
Oct 31, 20223 min read
What’s the bidder’s consideration?
We see auctioneers somewhat routinely noting that bidders’ bids once placed (accepted) can’t be revoked nor withdrawn — in other words,...
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Mike Brandly, Auctioneer
Oct 27, 20222 min read
Absolute auction? Nope.
Yes, this was the claim. For any auction — once a bid is placed — that constitutes a minimum bid that the next bid must exceed. As...
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Mike Brandly, Auctioneer
Oct 17, 20222 min read
Worth? Estimate? Value? Guide?
Do all these words mean the same thing? I believe this item is worth $140,000? I estimate this at $140,000? The value of this item is...
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Mike Brandly, Auctioneer
Oct 14, 20222 min read
Agree to terms, and the terms change
We really don’t have to wonder, do we? For example, an auctioneer posts online auction terms and conditions (terms), and people click...
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