Mike Brandly, Auctioneer
Auctioneers, the law says … and
Treat sellers, bidders, and buyers with good behavior? Endeavor to be fair and reasonable? Are these good thoughts to have when...
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Mike Brandly, Auctioneer
Jul 27, 20213 min read
Which is better for the seller? Absolute? With reserve?
There are dozens of academic research papers (and maybe not many more) concerning with reserve auctions versus without reserve (absolute)...
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Mike Brandly, Auctioneer
Jul 23, 20213 min read
National Auctioneers Association makes data ownership statement
The National Auctioneers Association (NAA) recently surveyed their membership and found that 70.4% of members use a third-party vendor to...
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Mike Brandly, Auctioneer
Jul 20, 20212 min read
A quick reference: when the auction buyer …
Auctioneers and their sellers occasionally encounter issues with buyers. Mostly these issues involve (personal property) possession...
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Mike Brandly, Auctioneer
Jul 15, 20213 min read
Auctioneers celebrating diversity
I grew up in Preble County, Ohio less than one mile east of the (Indiana/Ohio) State Line Road. Growing up, I probably spent as much time...
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Mike Brandly, Auctioneer
Jul 12, 20213 min read
Consensus of value at auction
We’ve not only written about how auctions are collaborative in nature, but that auctioneers and sellers really only need the highest...
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Mike Brandly, Auctioneer
Jul 8, 20212 min read
The three big auction warranties
Steve Proffitt wrote in 2007 that there were at least three warranties made in auctions, as provided for in the [Uniform] commercial code....
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Mike Brandly, Auctioneer
Jul 5, 20213 min read
Can auctioneers disclaim what they tell you their sellers said …?
We previously wrote that auctioneers cannot disclaim express (expressed) warranties. That treatise involving the UCC § 2-316 is here: ...
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Mike Brandly, Auctioneer
Jul 2, 20213 min read
When to sell that “best item?”
We’ve written that you as an auctioneer should have an “order of sale” and of course, most auctioneers do. We’ve also written that once...
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Mike Brandly, Auctioneer
Jun 28, 20213 min read
Auctioneers: win or lose, you lose
It appears to some people that if I list a dozen lawsuit citations, all pointing out that courts around the United States say that...
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Mike Brandly, Auctioneer
Jun 26, 20213 min read
Can Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach be overridden?
We previously wrote about Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach, 844 S.E.2d 120 (W.Va. 2020) the Court held in...
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Mike Brandly, Auctioneer
Jun 24, 20213 min read
A common law adhesion standard
I wonder if these six points below sound familiar to any auctioneer in regard to their buyer registration terms and conditions (a.k.a....
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Mike Brandly, Auctioneer
Jun 21, 20212 min read
Can an auctioneer disclaim an express warranty?
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling an...
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Mike Brandly, Auctioneer
Jun 10, 20214 min read
Court cases and one important lesson
… in 2015 the Superior Court of the State of California (Orange County) in a jury trial found that the auctioneer was permitted to treat...
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Mike Brandly, Auctioneer
Jun 7, 20213 min read
Anomalist Auctioneers
I’ve only used the term once before on this platform. Generally, people use the word, “anomalist” for 2-3 different circumstances, but in...
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Mike Brandly, Auctioneer
Jun 3, 20215 min read
Unnecessary risk & really bad advice
Ever eat at a McDonald’s? I bet most auctioneers have at least once, if not more. I’ve eaten at one particular McDonald’s more lately as...
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Mike Brandly, Auctioneer
May 31, 20213 min read
United States v. Blair, 193 F.2d 557 (10th Cir. 1952) Revisited
We’ve written prior about United States v. Blair, 193 F.2d 557 (10th Cir. 1952) and United States v. Weisbrod, 202 F.2d 629 (7th Cir....
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Mike Brandly, Auctioneer
May 27, 20213 min read
Bidders agreeing or contracting?
We’ve held here on this platform and otherwise that an “agreement” and a “contract” are essentially the same things — one sounding a bit...
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Mike Brandly, Auctioneer
May 25, 20213 min read
Did you really agree with (to) those terms?
Bidders don’t read. Bidders don’t understand. Bidders ignore what we tell them. Yet, we auctioneers write our own terms and conditions...
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Mike Brandly, Auctioneer
May 21, 20213 min read
Every auctioneer in court hears …
After sitting in courtrooms around the country, helping attorneys and their clients in auction litigation cases, I have to say that...
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