Mike Brandly, Auctioneer
Murray, Williston and auction contracts
Murray was a chancellor and a professor of law at Duquesne University in Pittsburgh, Pennsylvania. He was a former dean of the University...
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Mike Brandly, Auctioneer
Oct 13, 20162 min read
“Using” another auctioneer’s license
Likewise, real estate brokers are licensed by state and thus permitted to practice real estate in that state. As large regional [real...
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Mike Brandly, Auctioneer
Oct 11, 20162 min read
Who can sign?
In more modern times, and certainly in most auctioneer-license states, auctioneers endeavor (or are required) to enter into a written...
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Mike Brandly, Auctioneer
Sep 29, 20162 min read
When does an FFL need to be an auctioneer?
The ATF licenses persons who “engage in the business” of selling firearms in the United States. A Federal Firearms Licensee (FFL) is...
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Mike Brandly, Auctioneer
Sep 27, 20162 min read
Terms and conditions only for seller’s protection?
Terms such as this often include that “buyer’s must register,” “everything is being sold ‘as-is,'” and “payment is due at a certain...
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Mike Brandly, Auctioneer
Sep 19, 20162 min read
Absolute but soliciting pre-bids?
Lots of auctioneers recently have been discussing (and sharing) an article exploring why “Wealthy people” choose to sell their...
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Mike Brandly, Auctioneer
Aug 18, 20162 min read
Yes, you can sell absolute with a lien present
Of those many questions, this one has been asked several times, and it’s usually phrased more-so as a statement. It usually goes like...
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Mike Brandly, Auctioneer
Aug 11, 20164 min read
What is a missed bid?
So just what is a missed bid? Is it a bid at all? Maybe not. First, some contract basics in regard to auctions: Bids are offers made...
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Mike Brandly, Auctioneer
Aug 5, 20164 min read
Two confusing auction cases …
Specifically, we’ve looked closely at court cases which have concerned — and in many cases provided precedent in regard to — the auction...
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Mike Brandly, Auctioneer
Aug 1, 20163 min read
An auction where 2=1?
In contrast, we work in an environment of “customary practice” more than anything else. What we do — how we operate — our procedures —...
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Mike Brandly, Auctioneer
Jul 28, 20165 min read
Terms which say there are “tie bids?”
Interesting that auctioneers (and attorneys advising auctioneers) are talking about putting terms addressing “tie bids” in their terms...
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Mike Brandly, Auctioneer
Jul 15, 20162 min read
“As-is” it is represented?
But in reality, despite this disclaimer, the more accurate phrase might be, “You’re buying today as-is as I describe the lots for sale.”...
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Mike Brandly, Auctioneer
Jul 11, 20163 min read
Auctioneer non-compete clauses
Roy is the regular auctioneer for this three hour event, but during the spring and fall, his farming operation requires he find a...
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Mike Brandly, Auctioneer
Jul 4, 20162 min read
Auction scheduled and auctioneer dies …
Our study today involves this question: “Did the seller (client) hire that specific auctioneer, and would that principal be okay with...
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Mike Brandly, Auctioneer
Jun 28, 20162 min read
Does a bid number grant the right to bid?
There was a large crowd in attendance. People just parked, walked up to the auction area, and started bidding. No registration; no...
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Mike Brandly, Auctioneer
Jun 15, 20163 min read
Toto, I’ve a feeling we’re not in Kansas any more
I’ve been to Kansas; in fact, several times. It appeared to me at those times, I was in the United States, but maybe I wasn’t? Possibly...
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Mike Brandly, Auctioneer
Jun 13, 20163 min read
Can auctioneer take seller bid unknowingly?
Today, we look at paragraph four. In this paragraph, the law states basically that there is buyer recourse (remedy) if the seller bids...
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Mike Brandly, Auctioneer
May 5, 20162 min read
Auction bidder drunk, high, or otherwise impaired?
Auctioneers are presented with these situations, and usually have one or more of the three following questions: “Can I take his bid?” “If...
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Mike Brandly, Auctioneer
Apr 22, 20162 min read
Auctions with shared costs
Many auctioneers have auctions at facilities such as a fairgrounds, community center, and the like. These facilities charge rent — say...
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Mike Brandly, Auctioneer
Apr 19, 20162 min read
Auctioneers: always written contracts
That’s because I thought every auctioneer knew this, and such writing would be largely uninteresting; however, I have been convinced of...
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