Mike Brandly, Auctioneer
Pinhooking in the auction business
If alley trading, owner A is set to sell his car in the auction. Just before, B buys the car from A for $10,000. Then B runs the car...
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Mike Brandly, Auctioneer
May 22, 20172 min read
Bidders, last good faith bids and recourse
That analysis is here: https://mikebrandlyauctioneer.wordpress.com/2011/06/30/if-the-seller-bids/ As we have stated in countless...
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Mike Brandly, Auctioneer
May 18, 20172 min read
Auctioneer setting the bid in at the stated minimum?
We recently wrote twice about auctioneers setting the bid in: https://mikebrandlyauctioneer.wordpress.com/2016/12/22/should-the-auctionee...
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Mike Brandly, Auctioneer
May 11, 20172 min read
Auctions where buyer won’t pay; seller won’t convey
A bidder becomes the buyer and he refuses to pay for his purchase. A seller refuses to convey the property after a bidder becomes the...
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Mike Brandly, Auctioneer
Apr 28, 20172 min read
Online-only auction platform goes down …
We have previously written about online auction bidding becoming unavailable: https://mikebrandlyauctioneer.wordpress.com/2017/02/06/onl...
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Mike Brandly, Auctioneer
Apr 25, 20172 min read
Sued because of auction sale price
Here’s one such article from 2012 where the sellers actually sued the buyers for “buying too cheaply:” https://mikebrandlyauctioneer.wor...
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Mike Brandly, Auctioneer
Apr 17, 20172 min read
But that other bidder was drunk
Today, we explore the rights (if any) a high bidder may have if someone drunk or otherwise impaired bids against him. We broached this...
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Mike Brandly, Auctioneer
Apr 13, 20173 min read
Should the auctioneer “set the [bid] in?”
Randy Wells says, “I ran a weekly auction house for 17 years and I can say that I probably started 98.9% of the items we sold.” We have...
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Mike Brandly, Auctioneer
Apr 10, 20172 min read
Can auctioneers trust any online platform?
And, so far almost every online platform (once with enough data and/or enough money on the table) has decided to do one of two things:...
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Mike Brandly, Auctioneer
Apr 5, 20172 min read
At auction without the genuine intent to sell
We’ve written extensively about auctions where the seller has the “Genuine intent to transfer to the highest bidder regardless of price.”...
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Mike Brandly, Auctioneer
Apr 1, 20172 min read
But the bidders chose to bid again …
We would suggest not, and cite that the Supreme Court of the United States stated such in 1850. In what is the first substantive court...
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Mike Brandly, Auctioneer
Mar 27, 20171 min read
Car auction lights
What do those lights mean at a car auction? There is certainly no nationwide standard, but there is a pattern. Generally, most all buyers...
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Mike Brandly, Auctioneer
Mar 23, 20173 min read
When can auctioneers reopen the bid?
Of the few court cases involving this issue, what has resulted is a somewhat mixed message about reopening for so-called tie-bids,...
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Mike Brandly, Auctioneer
Mar 21, 20173 min read
Unconscionable auction terms
Frequently and particularly at his monthly coin auctions, bidders seem to bid at the last second, resulting in some bids being missed,...
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Mike Brandly, Auctioneer
Mar 20, 20172 min read
Auctioneers recording themselves
For that matter, people at auctions record video and take pictures frequently. They take pictures of the themselves, auctioneers, staff,...
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Mike Brandly, Auctioneer
Mar 15, 20173 min read
Every auction lawsuit: Perception vs. Reality
We’ve consulted in dozens of auction-related cases (litigation) since 2010. Additionally, it’s not unusual for my phone to ring...
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Mike Brandly, Auctioneer
Mar 13, 20173 min read
Should the online platform accept starting bids, max bids, fixed bids or what?
She sees one “offered” by an auctioneer in an online-only auction. She puts in her bid of $500. As Susan places her bid, she wonders …...
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Mike Brandly, Auctioneer
Mar 9, 20173 min read
When does title transfer at an auction?
Absent any contract provisions to the contrary, for personal property the UCC § 2-401 will be applicable here. For real property, title...
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Mike Brandly, Auctioneer
Mar 7, 20174 min read
Is accepting sealed bids an auction?
In fact, our topic today is more something Manson talks about within his numerous responsibilities of this three-day seminar. Our...
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Mike Brandly, Auctioneer
Mar 1, 20173 min read
Auctions that are manifestly unreasonable
Auctions have been taking place for over 2,000 years. Auctioneering is often referred to as the second-oldest profession. One could think...
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