Auction School 9/80

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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Are auctioneers “entitled” to their opinion?

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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Auctioneers … and “I still don’t believe it”

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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Can an auctioneer disclaim an implied warranty?

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 7, 20223 min read

50,000 different websites? Really?

I admit I was one of the first auctioneers to denounce large online platforms — as I held they were a threat to us auctioneers. You can...

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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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Mike Brandly, Auctioneer

Oct 12, 20222 min read

Auction bidder banning policies

We have written many times about how auction registration policies need to be fixed prior to the auction event and then remain as such...

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Mike Brandly, Auctioneer

Oct 10, 20223 min read

That highest (not yet) bid

Auctioneers want to maximize the bidder pool. In doing so, many of us are allowing online bids either placed in real-time and/or for the...

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