Mike Brandly, Auctioneer
Auctioneers — you want to win in court, or stay out of court?
We’ve discussed the legal issues, merits and otherwise the prudence of following the UCC 2-328 more strictly and not modifying it per the...
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Mike Brandly, Auctioneer
Jul 16, 20182 min read
Auction expert witness and standards of proof
Most cases in which we’ve been involved have been civil cases, where the standard of proof has been generally either a preponderance of...
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Mike Brandly, Auctioneer
Jul 11, 20183 min read
No auctioneer licensing so anything goes?
Similarly, charity auctions typically involve a charity as defined under IRS regulation section 501(c)(3). These auctions might be for...
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Mike Brandly, Auctioneer
Jul 9, 20183 min read
Can a lot be unsold at auction?
Items are put up for auction in the United States and around the world every second of every day. In the United States alone, millions...
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Mike Brandly, Auctioneer
Jul 2, 20183 min read
The “basics” of the auction business?
https://mikebrandlyauctioneer.wordpress.com/2018/06/18/how-the-auction-industry-lost-at-least-one-bidder/ In that blog, I noted that a...
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Mike Brandly, Auctioneer
Jun 27, 20182 min read
What does your free auctioneer cost you?
Christie asked, “What is your ‘free’ auctioneer costing your fundraising event?” I invite you to read more here: ...
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Mike Brandly, Auctioneer
Jun 25, 20182 min read
At auction … when is it “Sold!?”
However, online it’s apparently not that clear. It could be when the auctioneer (or software) says “Sold! or it could be when the invoice...
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Mike Brandly, Auctioneer
Jun 23, 20183 min read
South Dakota v. Wayfair, Inc., et al.
A very material case for auctioneers at the Supreme Court of the United States was decided June 21, 2018. The decision can be read here:...
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Mike Brandly, Auctioneer
Jun 21, 20183 min read
That other bidder, and fraudulent inducement
There are only two types of auctions: with reserve and without reserve. We have written various times about this topic, including here:...
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Mike Brandly, Auctioneer
Jun 18, 20183 min read
How the auction industry lost at least one bidder
If there is one single consistent theme running through the minds of plaintiffs in these cases, it might be: Auctioneers “running the...
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Mike Brandly, Auctioneer
Jun 6, 20182 min read
Absolute with bid then retraction
An attorney called and asked me if his client-auctioneer had to right to withdraw a property after receiving a bid on the property in an...
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Mike Brandly, Auctioneer
Jun 1, 20182 min read
Auction bidders are told they “may have won?”
In fact, we proposed some time ago that “may” may be the worst word to use in the auction industry: https://mikebrandlyauctioneer.wordpr...
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Mike Brandly, Auctioneer
May 28, 20182 min read
Reasonable expectation of privacy at auction
https://mikebrandlyauctioneer.wordpress.com/2016/02/17/seller-and-buyer-identity-at-auction/ However, certainly here in 2018 there is an...
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Mike Brandly, Auctioneer
May 22, 20183 min read
Benefit auctions and auctioneer escrow accounts
https://mikebrandlyauctioneer.wordpress.com/2016/09/05/tax-issues-at-a-benefit-auction/ Our analysis today involves when the auctioneer...
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Mike Brandly, Auctioneer
May 14, 20183 min read
Seller bidding beyond reserve?
https://mikebrandlyauctioneer.wordpress.com/2009/11/15/different-types-of-auctions/ The right for the seller to bid — outside of a forced...
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Mike Brandly, Auctioneer
May 7, 20182 min read
Online-only auction starts to close … and we have a problem
This would mean that 142 lots are already sold, and 358 lots are not sold. The auctioneer running the online-only auction extends the...
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Mike Brandly, Auctioneer
May 4, 20182 min read
Auctioneers and antique firearms
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulates what is an antique firearm and their definition is as follows;...
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Mike Brandly, Auctioneer
May 2, 20182 min read
How do we know online bidders are real?
Such a bird’s-eye view of this issue would include questions such as, “How do we know that live bidder is real?” “How do we know that car...
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Mike Brandly, Auctioneer
Apr 30, 20183 min read
Disclosing the seller can bid at auction …
UCC 2-328. Here are those last two sentences: (4) If the auctioneer knowingly receives a bid on the seller’s behalf or the seller makes...
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Mike Brandly, Auctioneer
Apr 23, 20182 min read
Maybe selling absolute with binding opening bid?
In a without reserve auction, after the auctioneer calls for bids on a property, that property cannot be withdrawn unless no bid is made...
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