Mike Brandly, Auctioneer
An auctioneer’s implied authority
One such way auctioneers are sued is for not following the contract with the client … and/or not following the client’s legal directions....
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Mike Brandly, Auctioneer
Nov 10, 20153 min read
An auctioneer’s as-is primer
I’ve told countless auctioneers that the most confusing 254 words in the English language is the UCC 2-328. I think the most confusing...
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Mike Brandly, Auctioneer
Oct 23, 20153 min read
You can’t believe anything I tell you …
Okay folks, let’s get our auction underway. I’m Walt Davis and I’ll be your auctioneer today. Now, remember, you can’t believe anything...
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Mike Brandly, Auctioneer
Oct 5, 20153 min read
Auctions and the intention to sell
Property owners typically contract with an auctioneer and then that auctioneer offers that property for sale … Or do they? Actually,...
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Mike Brandly, Auctioneer
Sep 29, 20151 min read
Can auctioneers sell “recalled” items?
The Federal Consumer Product Safety Improvement Act of 2008 (CPSIA) dictates among other restrictions that items recalled by the U.S....
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Mike Brandly, Auctioneer
Sep 17, 20153 min read
AuctionZip charging to list auctions
Nearly 30,000 auctioneers are able to list their auctions on the site, thus driving millions of people to the site, allowing AuctionZip...
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Mike Brandly, Auctioneer
Sep 10, 20153 min read
Auctioneer business structures
Many auctioneers work as sole proprietors; however, that is rarely the best business arrangement. Here we discuss the various business...
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Mike Brandly, Auctioneer
Sep 7, 20152 min read
Does an auction price equal market value?
This longstanding question is “Does an auction price equal market value?” Relatedly, Bill’s question was if a court had ruled on this...
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Mike Brandly, Auctioneer
Aug 24, 20153 min read
Two bidders, two different lots
Over 15 antique John Deere tractors plus other John Deere equipment and tools sat outside ready for tomorrow’s auction. Vern went to bed...
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Mike Brandly, Auctioneer
Aug 4, 20152 min read
When can the auctioneer change terms?
Let’s say an auctioneer has a live auction scheduled with online pre-bidding beginning several days prior. How would terms such as,...
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Mike Brandly, Auctioneer
Aug 1, 20152 min read
Can a minor sell a gun at auction?
We held that the contract for sale (transferring title and possession) is void in these cases and therefore the gun still belongs to...
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Mike Brandly, Auctioneer
Jul 27, 20152 min read
Auctions and equitable servitude
Albert is coincidentally 85 years old and has always told himself that when he reached that age he would sell his property to the county...
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Mike Brandly, Auctioneer
Jul 20, 20152 min read
An absolute auction with a minimum qualifying deposit
We were discussing absolute auctions at the NAA Conference & Show in Addition, Texas July 14-18, 2015. Our discussion involved that...
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Mike Brandly, Auctioneer
Jun 22, 20153 min read
Gun buyer at auction is denied
Federal Firearms Licensee (FF.) The buyer fills out the ATF Form 4473 and subsequently is denied possession of the gun. Upon denial, the...
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Mike Brandly, Auctioneer
Jun 14, 20153 min read
The murky auction market?
While world record prices are widely celebrated, some question the prices — some question the process. Picasso’s “Women of Algiers...
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Mike Brandly, Auctioneer
Jun 8, 20153 min read
Auctioneers profiting from illegal seller bidding?
This penalty might be a fixed amount above the sale price, and/or an increased commission. Specifically, let’s say an auctioneer’s...
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Mike Brandly, Auctioneer
Jun 3, 20154 min read
Changing the “type” of auction
The seller has informed his auctioneer that he is willing to sell his prized framed painting for $150,000, at his upcoming auction, and...
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Mike Brandly, Auctioneer
Jun 1, 20152 min read
With reserve with a reserve
As I’ve noted over the years, there are only two types of auctions — with reserve and without reserve. We discussed in more detail here:...
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Mike Brandly, Auctioneer
May 27, 20153 min read
How long is a bid a bid?
For example, an auctioneer saying, “Somebody start me out at $500,000 …” is a suggestion — an invitation to offer $500,000. If a bidder...
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Mike Brandly, Auctioneer
May 15, 20153 min read
Auctioneers and bulk sale laws
In the case of a business closing or the like, the auction itself may be subject to the “bulk sale” laws in the United States. Bulk sale...
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