Mike Brandly, Auctioneer
A sale is invalidated by incorrect descriptions
Auction terms and conditions are important. Auction terms and conditions also have to make sense, and sometimes they don’t. For...
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Mike Brandly, Auctioneer
Oct 6, 20233 min read
Auctions, contracts, two identical lots
Lot #2 and Lot #184 are mistakenly the same lot. Lot #2 sells and we have a buyer and seller in contract. Lot #184 comes up and a...
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Mike Brandly, Auctioneer
Oct 4, 20232 min read
How much is (+) or (-) at auction?
Auctions sometimes involve approximations. For instance, a vase is 9″ (+/-) or the real property lot is 1.25 acres (+/-). Of course,...
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Mike Brandly, Auctioneer
Oct 2, 20233 min read
We’re acting in good faith, but not
Auctioneers, sellers, and bidders/buyers have to be more careful. In this regard, there are [maybe] some firearms, equipment, or jewelry...
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Mike Brandly, Auctioneer
Sep 29, 20233 min read
Restricting [auctioneer] speech?
There is a “new” case being currently litigated (Will McLemore et al. v. Tennessee Auction Commission et al., in the United States...
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Mike Brandly, Auctioneer
Sep 26, 20232 min read
The “list” of what you don’t sell …
I see many auctioneers openly publishing lists of what they “don’t sell” or don’t even accept. I find this interesting in that, for...
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Mike Brandly, Auctioneer
Sep 23, 20232 min read
Selling “subject to …” deters bidders
Any auction — any time — anywhere — benefits from the “prospect of a deal,” where the bidders sense the chance to “get a deal.” Of...
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Mike Brandly, Auctioneer
Sep 20, 20232 min read
Sorry … you bought it “as is”
Auctioneers have been proclaiming this since the “beginning of time.” The buyer has an issue with a purchase, and the auctioneer says,...
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Mike Brandly, Auctioneer
Sep 15, 20232 min read
Auctioneers, laws, codes of ethics
Auctioneers have to deal with a myriad of laws and rules in their businesses. License law affects many auctioneers, plus the Uniform...
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Mike Brandly, Auctioneer
Sep 11, 20232 min read
My descriptions may be accurate?
We’ve been telling auctioneers (and their sellers) that they have to “stand behind” their expressions concerning what they are selling. ...
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Mike Brandly, Auctioneer
Sep 8, 20232 min read
You don’t accept credit/debit cards?
As an auctioneer selling personal property — and over 91% (as of today) of United States consumers using credit and debit cards instead...
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Mike Brandly, Auctioneer
Sep 6, 20232 min read
Are you using another’s FFL?
You? An auctioneer who’s selling firearms and isn’t licensed as a Federal Firearms Licensee (FFL.) You decide you will utilize an FFL...
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Mike Brandly, Auctioneer
Sep 4, 20232 min read
The auction starts and then …
We wrote in 2013 that auctioneer/seller contracts are “agency contracts” and as such would typically end if the auctioneer or seller died....
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Mike Brandly, Auctioneer
Aug 31, 20232 min read
You are “binding” your bidder
Auctions involve bidders making offers, and auctioneers generally accept those offers if they are higher in amount than the prior bid. ...
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Mike Brandly, Auctioneer
Aug 29, 20232 min read
Auctions … and how much is the shipping?
All auctioneers who accept bids online for chattels should provide for shipping. In fact, all auctioneers should offer shipping options...
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Mike Brandly, Auctioneer
Aug 26, 20233 min read
Auction Litigation Consulting
We’ve helped attorneys and others with auction litigation consulting since 2010. The other day, I was asked what “auction litigation...
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Mike Brandly, Auctioneer
Aug 21, 20232 min read
“All normal auction terms?”
What would you think as a potential bidder if an auction was advertised as having “all normal auction terms?” What would those be...
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Mike Brandly, Auctioneer
Aug 19, 20232 min read
You can sell it. You don’t have to …
If you want a discussion with auctioneers that might last a few hours, all day, or even several days …. discuss if they can, should, or...
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Mike Brandly, Auctioneer
Aug 12, 20232 min read
The scales of justice and auctioneers
I’ve checked this graphic over and over — the “scales of justice” — and it appears the right plate or bowl suspended from a fulcrum is no...
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Mike Brandly, Auctioneer
Aug 10, 20233 min read
Live auction and a review process?
The ring worker holds up Lot #26 and the auctioneer asks for a bid of $5,000. Nobody bids $5,000 so the auctioneer asks for $2,000 and...
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