Mike Brandly, Auctioneer
Writing auction contracts to educate people?
I was asked just today in a seminar I was teaching what I thought of this phrase … what I thought it meant for auctioneers. I have to...
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Mike Brandly, Auctioneer
Feb 22, 20172 min read
Is it ever legal to retract your bid?
Here’s the article, titled “Absolute versus reserve auctions: Is it ever legal to retract a bid?” The subtitle of Wayne’s article...
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Mike Brandly, Auctioneer
Feb 16, 20173 min read
At an auction, who’s not the seller?
The auction was underway, and after about 30 minutes, a fairly regular buyer known by the auctioneer interrupted the auction with this...
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Mike Brandly, Auctioneer
Feb 6, 20173 min read
Online bidding goes down
There are likely four parties involved in such situations: (1) the seller, (2) the bidder(s,) (3) the auctioneer & (4) the online...
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Mike Brandly, Auctioneer
Jan 26, 20172 min read
Missed or misplaced bids?
That contention encompasses that it is the responsibility of the bidder to make his bid known, rather than the responsibility of the...
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Mike Brandly, Auctioneer
Jan 17, 20172 min read
Is bidding at auction a privilege or right?
An auction event essentially invites bidders/buyers to participate by allowing them to contract with the auctioneer/seller. This contract...
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Mike Brandly, Auctioneer
Jan 16, 20173 min read
Name your price … really?
We as auctioneers have two choices when selling anything at auction: Sell it absolute or sell it with reserve. The absolute auction...
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Mike Brandly, Auctioneer
Jan 10, 20172 min read
Live auction credit card chargebacks
We wrote about credit card chargebacks in 2012, largely looking at when the buyer is out of town — or across the country — and the...
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Mike Brandly, Auctioneer
Jan 6, 20172 min read
The burden of auctioneer prowess
His story was fairly straightforward in that his seller-client had hired an auctioneer to sell a coin collection. The auction took place...
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Mike Brandly, Auctioneer
Jan 2, 20173 min read
15 things … a bid calling law primer
However, it seems some auctioneers don’t know much of what legally is going on when they bid call. Here, we present the legal mechanics...
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Mike Brandly, Auctioneer
Dec 27, 20162 min read
“Auction,” “Price,” “Buy” & “Sale”
We have written before about the suggested shifts away from auctioneers using the word “auction” in their advertising. Most notably: The...
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Mike Brandly, Auctioneer
Dec 22, 20163 min read
Should the auctioneer start the bid?
For example, an auctioneer might say, “Start me out at $15,000 …” [the invitation to bid $15,000] and then a bidder might bid $5,000 [the...
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Mike Brandly, Auctioneer
Dec 20, 20162 min read
Reopen the bid to only certain bidders?
We have written extensively about auctioneers reopening the bid; for instance, here: https://mikebrandlyauctioneer.wordpress.com/2010/07...
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Mike Brandly, Auctioneer
Dec 16, 20162 min read
Another wacky auction legal argument
I have read virtually every article, book and blog regarding auction law and/or customary practice that exists. And I’ve sure seen some...
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Mike Brandly, Auctioneer
Dec 12, 20164 min read
Auctioneer Discretion and Control in Registering Bidders
In so doing, I always stress the importance of knowing the law as well as customary practice regarding the auction industry. One topic...
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Mike Brandly, Auctioneer
Dec 5, 20162 min read
What “may” be auctioneers’ terms & conditions’ worst word choice
Yet, I see this word in countless auctioneers’ terms and conditions, and suggest it’s the worst possible word choice. What is this word? ...
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Mike Brandly, Auctioneer
Nov 23, 20162 min read
Some implications of the UCC 2-328
Otherwise, this same brief 254 words is referenced in courts around the United States every day; the implications of the UCC 2-328 are...
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Mike Brandly, Auctioneer
Nov 14, 20163 min read
In an auction (lawsuit,) who has “standing?”
By standing in our context here we mean, “Who does have a legitimate right to sue … an auctioneer?” In a somewhat recent discussion...
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Mike Brandly, Auctioneer
Nov 10, 20163 min read
Auction title and possession
At auction, the words, “title” and “possession” take on somewhat special meaning — but not all that special. In a personal property...
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Mike Brandly, Auctioneer
Oct 31, 20162 min read
Hiring an auctioneer without a written contract
“I hired an auctioneer and things didn’t go right … so what can I do? I don’t have a written contract.” Our first question might be,...
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