Mike Brandly, Auctioneer
Irreconcilable E&O Disclaimers
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling a Vincent...
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Mike Brandly, Auctioneer
May 25, 20223 min read
Auctioneer escrow accounts
We would suggest every auctioneer has an escrow account (sometimes called a special account or trust account) for other people’s money —...
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Mike Brandly, Auctioneer
May 23, 20222 min read
New York City auction licensing
The New York Times published an article on May 3, 2022, titled “New York City Eliminates the Rules That Govern Art and Other Auctions.“ ...
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Mike Brandly, Auctioneer
May 21, 20222 min read
This $87.8 million mansion went to auction?
A mansion (not the above mansion) went to auction and the high bid was $45.76 million. A news headline thereafter read that a “$87.8...
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Mike Brandly, Auctioneer
May 19, 20222 min read
Auctioneers starting at the top
Almost like any other occupation, it’s difficult — if not impossible — to start “at the top.” Said another way, as an auctioneer, you...
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Mike Brandly, Auctioneer
May 18, 20222 min read
Do you have to auction … anything?
We have run an auction house since 1999. In that time, we’ve learned that there are some who attempt to treat these types of...
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Mike Brandly, Auctioneer
May 16, 20223 min read
Must, shall, should, will, may …
Auctioneers are confronted with any number of laws. Legislators author bills that become law when a governor or the President signs (or...
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Mike Brandly, Auctioneer
May 9, 20222 min read
Auctioneers: Yes, yep, yeah, yup … or what?
Ringmen (and ring women) often have to communicate that a bid has been offered by a bidder so that the auctioneer notes such a bid. To...
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Mike Brandly, Auctioneer
May 3, 20223 min read
Properly setting up … buy backs?
I know it happens, particularly in the online auction world, but the public (other bidders) detest the practice. You consign your...
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Mike Brandly, Auctioneer
Apr 27, 20223 min read
That new seductive advice
You’ve been exercising, eating right, and getting enough sleep. Imagine I want to get your attention. If I publish an article saying,...
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Mike Brandly, Auctioneer
Apr 25, 20222 min read
A centralized list of “bad bidders?”
Many auctioneers are advocating for some type of centralized list (database) of bad bidders — bidders who bid and don’t pay, use stolen...
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Mike Brandly, Auctioneer
Apr 22, 20223 min read
Variation by agreement, not uniform
We regularly write to [attempt to] help auctioneers stay out of court, rather than attempting to win in court, or worse yet, lose in...
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Mike Brandly, Auctioneer
Apr 18, 20223 min read
Buyer’s Premiums & Agency Duty
The suggestion apparently is that the buyer’s premium belongs to the auctioneer no matter. This is absolutely not true. The buyer’s...
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Mike Brandly, Auctioneer
Apr 14, 20222 min read
What is a “priceless” auction item?
What is a “priceless” auction item? Could an auctioneer exclaim, “This item is priceless?” What are the implications of such, if any? ...
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Mike Brandly, Auctioneer
Apr 11, 20222 min read
Buyer’s Premiums Basics
Buyer’s premiums have been used at auctions in the United States since 1977 — over 40 years. Yet, there remain many misunderstandings...
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Mike Brandly, Auctioneer
Apr 4, 20222 min read
Credit cards and surcharges
We were one of the first auctioneers (1993) to accept credit cards at all our auctions including even on-site auctions with no landline...
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Mike Brandly, Auctioneer
Mar 31, 20223 min read
Why does “nobody” want your stuff?
I hear it all the time in the auction business … “Nobody wants your … whatever.” Yet, why don’t “they” want your “stuff?” Besides that...
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Mike Brandly, Auctioneer
Mar 22, 20223 min read
Auctions & woefully uninformed reporting
The Centralia, Washington Police Department is now using eBay to sell seized goods, instead of traditional auctioneers. An article in...
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Mike Brandly, Auctioneer
Mar 17, 20222 min read
Tom Brady’s “final” touchdown ball
Tom Brady [Brady] had apparently decided to retire. Lelands was selling Brady’s final touchdown football of his career. The football...
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Mike Brandly, Auctioneer
Mar 14, 20223 min read
The auction industry and enmity
It took me a while to realize that the auction industry is much like industry generally — in that like businesses are quite competitive,...
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