Mike Brandly, Auctioneer
What is (and isn’t) a counterbid
Some auctioneers refer to seller bidding (in a with reserve or forced sale auction) as counterbidding (counter-bidding.) Despite bids...
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Mike Brandly, Auctioneer
Nov 27, 20232 min read
Not looking for a possible deal?
I’m sometimes mystified by how some auctioneers view their business model. We’ve held for decades that all auction bidders/buyers are...
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Mike Brandly, Auctioneer
Nov 24, 20233 min read
Auctioneers can’t (won’t) believe it
Two American economists won the Nobel Prize on Monday, October 12, 2020 — namely Paul R. Milgrom Ph.D. and Robert B. Wilson DrBA — for...
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Mike Brandly, Auctioneer
Nov 21, 20233 min read
Who are these “right” bidders?
We’ve said it. Many auctioneers have said it. We need (or secure) the “right” bidders for your auction. But, who are they? Do they...
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Mike Brandly, Auctioneer
Nov 19, 20232 min read
Precious space and time
Ever since the Internet became the place to advertise auctions, auctioneers have used it to advertise such including advertising...
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Mike Brandly, Auctioneer
Nov 15, 20232 min read
Publish the reserve? Sure, unless …
We’ve sold a bunch of real property (real estate) at auction. One thing is obvious — other than selling “absolute” to the highest bidder...
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Mike Brandly, Auctioneer
Nov 13, 20233 min read
Auctioneer misrepresents, platform responsible?
Given some auctioneers misrepresent property in online auctions, and the high bidder has recourse against that auctioneer for doing so,...
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Mike Brandly, Auctioneer
Nov 10, 20233 min read
No warranties, but call and ask us?
It sometimes gets even more crazy. The auctioneer is selling personal property “AS IS” and is disclaiming any warranties expressed or...
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Mike Brandly, Auctioneer
Nov 8, 20232 min read
Auctioneer’s worthless clause defense
Many auctioneers attempt to disclaim anything they say and imply, and we’ve noted that auctioneers cannot successfully disclaim...
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Mike Brandly, Auctioneer
Nov 6, 20233 min read
Customary but not customary?
As auctioneers, we’re all trying to maximize the seller’s position. In that spirit, some argue that if a higher bid (or even another bid...
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Mike Brandly, Auctioneer
Nov 1, 20232 min read
A disclaimer ruling in court
Do “disclaimers” ever end up in court? They do, and maybe the most famous ruling (in part) concerning a disclaimer was ruled upon just...
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Mike Brandly, Auctioneer
Oct 30, 20232 min read
So, you can do what? Anything?
I’m reviewing some terms and conditions for a without-reserve “absolute” auction and specifically trying to reconcile these terms with...
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Mike Brandly, Auctioneer
Oct 27, 20232 min read
Absolute but reserve not met?
Sometimes it’s this flagrant. The auction is advertised as absolute but it’s not. Why would an auctioneer do this? The word,...
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Mike Brandly, Auctioneer
Oct 25, 20233 min read
Reopen with a tie bid is fair to both?
Countless auctioneers and those in the auction business believe they have the discretion per state law to reopen a so-called “tie-bid” —...
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Mike Brandly, Auctioneer
Oct 23, 20232 min read
Magnificent terms and conditions
Sometimes I’m so pleasantly surprised, I feel that it’s my duty to share the good news. Here’s an online auction platform that requires...
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Mike Brandly, Auctioneer
Oct 20, 20232 min read
Reasonable auction practice
Why is it in every auctioneer’s interest to treat their bidders in a reasonable fashion? As Peter Gehres so aptly notes, so those...
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Mike Brandly, Auctioneer
Oct 18, 20232 min read
Auctioneers warranty all the time …
In the auction business, warranties are expressions (words) describing property up for auction. It might be the brand name, size,...
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Mike Brandly, Auctioneer
Oct 16, 20232 min read
As it was, is, or as it will be?
When buyers buy anything at auction — particularly “AS IS and WHERE IS” — we would propose the buyer accepts the property in its current...
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Mike Brandly, Auctioneer
Oct 13, 20232 min read
Artificially intelligent shill bidding?
Shill bidding is not difficult to find in the auction business. What is “shill bidding?” It’s bidding lacking the genuine intent to...
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Mike Brandly, Auctioneer
Oct 10, 20233 min read
Auctioneers’ reputations & messaging
Let’s say it’s 1930 — for example — auctioneers were primarily known in their “community” and we knew his or her spouses, their kids’...
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