Mike Brandly, Auctioneer
What if the seller bids first?
In a somewhat modest legal case, an attorney informed me that he represented a buyer who felt injured by the seller bidding against him...
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Mike Brandly, Auctioneer
May 1, 20153 min read
As-is and fairness
Many cars selling at auction sell, “as-is” and “where-is” and essentially include terms that the bidders are to not rely on any...
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Mike Brandly, Auctioneer
Apr 29, 20153 min read
Can an auctioneer say, “Sold!” and not mean it?
This typically involves promises between buyer and seller to provide the subject property to the high bidder and making the related...
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Mike Brandly, Auctioneer
Apr 24, 20152 min read
The Fast Talking Podcast
Andy Imholte has done an outstanding job of bringing quality audio podcasts to the auctioneer community. His website...
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Mike Brandly, Auctioneer
Apr 6, 20152 min read
Auction performance fees
Late 2014, Christie’s added a 2% auction performance fee. This fee would be added to the seller’s commission if their “piece” sold in...
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Mike Brandly, Auctioneer
Mar 30, 20155 min read
Auctioneers and religious freedom
Relatedly, in the United States, religious freedom is … as referred to by the First Amendment to the Constitution [December 15, 1791:]...
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Mike Brandly, Auctioneer
Mar 18, 20153 min read
13 things the UCC 2-328 doesn’t [quite] answer
It remains today the most misunderstood 254 words in the auction world — by far. The UCC 2-328 says lots of things: There are only two...
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Mike Brandly, Auctioneer
Mar 16, 20152 min read
Look! We’re not open yet.
“Great,” I replied. I’ll take a look at it online and get registered. As I searched online, I found the auction, only to note that...
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Mike Brandly, Auctioneer
Mar 11, 20152 min read
Auctioneers & the first-sale doctrine
This cornucopia of auction offerings sometimes includes copyrighted and/or trademarked property — such as a book, which clearly denotes...
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Mike Brandly, Auctioneer
Mar 9, 20152 min read
Proxibay
May 8, 2014, Invaluable and eBay announced a partnership: https://mikebrandlyauctioneer.wordpress.com/2014/05/15/invaluable-ebay/ July...
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Mike Brandly, Auctioneer
Mar 3, 20152 min read
I’m bidding online, but where is the property?
In other words, bidders are placing bids on property (chattels) without the actual knowledge of where that property is? Certainly,...
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Mike Brandly, Auctioneer
Mar 3, 20153 min read
Auctioneer dual agency
My belief is that auctioneers should be able to bid to enhance the seller’s position. If an auctioneer is selling a framed oil on canvas...
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Mike Brandly, Auctioneer
Feb 27, 20152 min read
State auctioneer boards’ liability
They are typically made up of auctioneers with some sort of minimum years experience as such. These boards (or commissions) typically...
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Mike Brandly, Auctioneer
Feb 24, 20152 min read
An auction where we won’t let you pay too much?
And I’ve studied the art and science of auctioneering for almost as many. A few things seem clear to me: we as auctioneers need sellers...
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Mike Brandly, Auctioneer
Feb 18, 20153 min read
The sliding scale versus the incremental scale
And sellers are right to ask what commission the auctioneer will charge for that service. Most of the time, a fixed percentage is...
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Mike Brandly, Auctioneer
Feb 10, 20153 min read
Your bidding today will include a 10% buyer’s premium
Such a conversation the other day recounted an auctioneer’s assessment of his community, and the general disdain for this additional...
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Mike Brandly, Auctioneer
Jan 9, 20152 min read
Would we rather it didn’t sell?
He decides to have an online-only auction, utilizing a well-known online auction software provider. In the following days, he photographs...
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Mike Brandly, Auctioneer
Dec 15, 20142 min read
When is an absolute auction an absolute auction?
Most recently, I’ve asked a particular question during these classes and sense virtually no consensus as to the answer. The issue regards...
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Mike Brandly, Auctioneer
Dec 5, 20142 min read
If you’re going to sell it, sell it.
Sometimes a particular writing really gets my attention; thanks to my friend Yvette VanDerBrink for saying it. Indeed, shouldn’t an...
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Mike Brandly, Auctioneer
Nov 24, 20142 min read
Auctioneers must … or must they?
In the landmark United States Supreme Court case Lochner v. New York, 198 U.S. 45 (1905), the Court held that the “liberty of contract”...
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