Mike Brandly, Auctioneer
Bad weather draws crowds?
Except — that is — if the weather or conditions are too bad for even those with an extraordinary resolution to attend. All roadways...
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Mike Brandly, Auctioneer
Jan 21, 20202 min read
Auction buyer wants to remain anonymous
Our question today is “Why would an auction buyer want to remain anonymous?” There could be a myriad of reasons: Security. More...
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Mike Brandly, Auctioneer
Jan 20, 20202 min read
Auctioneers not producing records
For instance, my home state of Ohio requires I maintain Ohio auction records for a minimum of two (2) years. In Ohio (and some other...
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Mike Brandly, Auctioneer
Jan 17, 20202 min read
Banning your (or their) past bidder?
Our question today involves the criteria for such, and does the evidence used depend upon any particular auctioneer’s personal experience...
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Mike Brandly, Auctioneer
Jan 16, 20203 min read
Maybe auctioneers shouldn’t lie … at all?
Except for recent legislation in California, a bid by or for the seller can be portrayed as someone else’s bid — namely a disinterested...
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Mike Brandly, Auctioneer
Jan 13, 20202 min read
Customary practice, industry standards and commercial reasonableness …
What is customary practice? What is the industry standard? What is considered commercially reasonable? Today we discuss these three...
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Mike Brandly, Auctioneer
Jan 10, 20202 min read
Give yourself a raise?
Our question today is … can you just give yourself a raise? In other words, you’ve been charging 10% on real property deals, so this...
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Mike Brandly, Auctioneer
Jan 8, 20203 min read
Is there any way to predict and prevent shill bidding?
In fact, one such discussion forum noted that a longtime auctioneer said, “The only bid you have to get right is the last one.” This was...
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Mike Brandly, Auctioneer
Jan 7, 20205 min read
United States v. Weisbrod, 202 F.2d 629 (7th Cir. 1953)
United States v. Weisbrod, 202 F.2d 629 (7th Cir. 1953) where this circuit court ruled auctioneers/sellers could use reasonable [terms...
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Mike Brandly, Auctioneer
Jan 6, 20202 min read
Is all auction advertising good news?
I almost assume since all this auction information is listed, it’s all good news. However, is it always good news? Let’s look at a...
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Mike Brandly, Auctioneer
Jan 3, 20203 min read
“Sold!” shouldn’t be a lie
Who else in commerce lies to customers and gets away with it? If Walmart is advertising a sale, and then you get there and they aren’t —...
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Mike Brandly, Auctioneer
Jan 2, 20203 min read
The costs and benefits of reopening or not reopening the bid
First, here’s a consideration — as we published and commented regarding in 2017: https://mikebrandlyauctioneer.wordpress.com/2017/07/28/...
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Mike Brandly, Auctioneer
Jan 1, 20203 min read
Auctions which are — or not — fair, balanced, reasonable
UCC 2-328 as adopted by states around the United States. Then too, there is general contract law and a select number of court cases which...
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Mike Brandly, Auctioneer
Dec 31, 20196 min read
United States v. Blair, 193 F.2d 557 (10th Cir. 1952)
The essence of this case is noted here: On Friday, July 25, 1947, the War Assets Administration conducted a sale of war surplus property...
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Mike Brandly, Auctioneer
Dec 30, 20194 min read
John Stephen Proffitt III and your right to reopen the bid
Steve Proffitt in auction circles) — attorney at law and auctioneer — proposed openly and consistently that auctioneers do not have the...
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Mike Brandly, Auctioneer
Dec 26, 20193 min read
Auctioneers and Second Amendment sanctuary regulations
The resolutions oppose enforcement of universal gun background checks, high capacity magazine bans, assault weapon bans, red flag laws,...
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Mike Brandly, Auctioneer
Dec 23, 20192 min read
Can auctioneers be presumed guilty?
Supreme Court of the United States case Coffin v. United States, 156 U.S. 432 (1895) and numerous subsequent cases has established the...
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Mike Brandly, Auctioneer
Dec 20, 20192 min read
“The chant is not important”
J. Stephen Proffitt III, Esq. (commonly known as Steve Proffitt) said it. I found such in a state auctioneer magazine published in 2011....
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Mike Brandly, Auctioneer
Dec 18, 20192 min read
Auctioneers representing property
When auctioneers do anything other than “properly represent” anything they are putting up for auction, they are doing a disservice. For...
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Mike Brandly, Auctioneer
Dec 16, 20192 min read
An auctioneer and the “just joking” defense
Facebook concerning Time Magazine. Indeed some people — when confronted with facts counter to their claims — use the “just joking”...
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