Mike Brandly, Auctioneer
Auctioneers and “times the money?”
For centuries auctioneers have — with a number of similar (or nearly identical) items — sold them “all for one money” or “choice” and/or...
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Mike Brandly, Auctioneer
Sep 22, 20213 min read
Following the law or your own law?
Is it okay to drive 70 miles per hour in a 70 miles per hour zone? Generally, yes, unless circumstances dictate a slower speed — for...
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Mike Brandly, Auctioneer
Sep 20, 20214 min read
Auctioneers and when the circumstances indicate otherwise …
Disclaiming warranties of merchantability and fitness for a particular purpose can be tricky business. As we previously have held,...
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Mike Brandly, Auctioneer
Sep 15, 20213 min read
Auctioneers, freedom, and liberty
Increasingly, it appears [Coronavirus] vaccines and auctioneers don’t mix. “It’s my body …” or “It’s a hoax …” or “There’s a 99% chance...
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Mike Brandly, Auctioneer
Sep 13, 20213 min read
Conspicuous auction disclaimers
Technically, the UCC § 2-316 says that certain disclaimers must be conspicuous and other disclaimers possibly do not. However, laws such...
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Mike Brandly, Auctioneer
Sep 10, 20212 min read
We shouldn’t let bidders retract their bid?
We as auctioneers shouldn’t let bidders retract a bid once made? In other words, the highest bid (and bidder) as all other bids don’t...
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Mike Brandly, Auctioneer
Sep 8, 20214 min read
“AS IS” and who’s the buyer?
We frequently talk about auction-related contracts and more so recently on waving expressed and implied warranties. Of course, we’ve...
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Mike Brandly, Auctioneer
Sep 6, 20212 min read
Are you selling “AS IS” or “as is?”
Are you an auctioneer who’s selling property “AS IS” or “as is?” It likely makes a difference. Today, we discuss more on conspicuous...
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Mike Brandly, Auctioneer
Sep 3, 20213 min read
As is — what it is and what it isn’t
There likely isn’t an auctioneer on earth who hasn’t uttered the words, “as is” regarding how bidders are buying property at auction. ...
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Mike Brandly, Auctioneer
Sep 1, 20212 min read
No sale and that “second auction”
We’ve seen it more than once. Property sells for millions of dollars at auction, and the buyer (the high bidder) breaches the contract...
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Mike Brandly, Auctioneer
Aug 30, 20215 min read
Bidder know? Hear? Understand?
Case law for auctioneers is important. Since 2010 we’ve taught such classes across the United States and auctioneers tell me it’s some...
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Mike Brandly, Auctioneer
Aug 26, 20213 min read
Bidders — buyers — “ghosting” auctioneers
Do bidders who bid and win at auction … and then cease any further communication with the auctioneer/seller deserve our further attention?...
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Mike Brandly, Auctioneer
Aug 24, 20213 min read
Auctioneers and personal choice
The United States is a county founded on freedom. Freedom of speech, freedom of religion, freedom to assemble, freedom to keep and bear,...
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Mike Brandly, Auctioneer
Aug 20, 20213 min read
Create your own marketplace?
I’m hearing it every day — pretty much all day — from auctioneers all over the country, and certainly from online platforms which do not...
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Mike Brandly, Auctioneer
Aug 17, 20213 min read
Auction bidders and “inquiry notice”
“Bidders at an auction ought to know that there are rules — terms and conditions — for the auction and should inquire about those rules...
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Mike Brandly, Auctioneer
Aug 14, 20212 min read
Online bidding platforms and DDoS
Could one online bidding [auction] platform try to disrupt a competitor’s online bidding platform for personal gain? When any platform...
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Mike Brandly, Auctioneer
Aug 9, 20212 min read
Sell absolute and end up in court?
I hear this on a somewhat regular basis … “Don’t hold absolute auctions so you can stay out of court.” I’m certainly aware some of the...
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Mike Brandly, Auctioneer
Aug 7, 20212 min read
Disclosing stigmatizations?
Many who sell real property at auction are required to disclose all known (should have known) material (latent) facts about property...
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Mike Brandly, Auctioneer
Aug 4, 20213 min read
Is that really the seller bidding?
Almost every week we receive a call, asking essentially “Can the seller bid disguised as another genuine bidder?” State law does allow...
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Mike Brandly, Auctioneer
Aug 2, 20213 min read
Can an online auction platform be too easy to use?
There may not be an auctioneer who has not said, “Why can’t the online platform be easier to use?” or similar words expressing...
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