Mike Brandly, Auctioneer
We’re selling some absolute … but we haven’t decided (or disclosed) yet?
Russ asked, essentially, if an auction could start without the auctioneer making it clear if that particular lot (property) is selling...
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Mike Brandly, Auctioneer
Nov 10, 20142 min read
Auctioneer’s absolute right of withdrawal
Our previous article noted that Bib could offer property absolute, and if no bid was made within a reasonable time, Bib could withdraw...
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Mike Brandly, Auctioneer
Oct 24, 20142 min read
Seller commission & buyer’s premium
More recently, we again were asked about how seller commissions are calculated in relation to buyer’s premiums. Here’s that previous...
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Mike Brandly, Auctioneer
Oct 8, 20142 min read
Auctions & the 1866 Civil Rights Act
He or she would say that it is illegal in the United States to discriminate based on race, color or ancestry in regard to real property...
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Mike Brandly, Auctioneer
Sep 29, 20143 min read
We are, and we aren’t acting as an FFL?
Typically, non-FFL’s are concerned that something they do will trigger the requirement to either become an FFL, or utilize an FFL. ...
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Mike Brandly, Auctioneer
Sep 23, 20143 min read
Are you offering or inviting offers?
Photograph courtesy of Art & Visual Materials, Special Collections Department, Harvard Law School Library In the United States, an...
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Mike Brandly, Auctioneer
Sep 16, 20142 min read
Stopping an absolute auction
The question was, “Can an auctioneer stop an absolute auction once underway …?” Let’s take a look at this sign. “Everything will be sold...
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Mike Brandly, Auctioneer
Sep 15, 20143 min read
Auctioneers & the Statute of Frauds Part III
In Williston’s “Williston on Contracts” an important point about the Statute of Frauds for auctioneers is noted. In § 29:40 (4th Ed), as...
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Mike Brandly, Auctioneer
Aug 25, 20143 min read
Auctioneer doesn’t pay full price?
We previously wrote more about our operation here: http://mikebrandlyauctioneer.wordpress.com/2014/05/27/auctioneers-and-d-u-s-t/ Another...
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Mike Brandly, Auctioneer
Aug 20, 20143 min read
Auctioneer buys and then …
What about the auctioneer’s staff bidding? Can they bid at auctions when they are working for the auctioneer? Should they bid at...
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Mike Brandly, Auctioneer
Aug 11, 20143 min read
Bid calling is just numbers?
Actually, numbers, “Just rolling through the air?” was what I heard proposed. Auctioneers have bid called for 1,000’s of years. In the...
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Mike Brandly, Auctioneer
Aug 7, 20143 min read
We’ve always done it this way …
When the conversation turns to something like the UCC 2-328, contract law, or the like, and I point out that a certain practice is...
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Mike Brandly, Auctioneer
Aug 5, 20142 min read
Can an auctioneer refuse a higher bid?
It’s well established that there are only two types of auctions: Any auction is either “with reserve” or “without reserve.” And the...
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Mike Brandly, Auctioneer
Jul 21, 20143 min read
All known material facts
There might not be a real estate agent in the United States who hasn’t heard these four words. A home where there was a recent murder? A...
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Mike Brandly, Auctioneer
Jul 14, 20143 min read
When the auctioneer takes a bid
Equally, there seems to be lots of confusion. The auctioneer can’t bid; the auctioneer can bid; the auctioneer can maybe bid? Today, we...
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Mike Brandly, Auctioneer
Jul 3, 20142 min read
The auctioneer-hiring-another-auctioneer contract
In situations such as this, it is customary for the primary auctioneer to maintain his (or her) relationship with the client(s). Then,...
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Mike Brandly, Auctioneer
Jun 25, 20144 min read
As-is with the emphasis on “is”
The “as-is” standard is so widely used in the United States that even the Supreme Court of the United States has discussed the issue at...
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Mike Brandly, Auctioneer
Jun 17, 20142 min read
21 ways auctioneers denote age
“Antique chest of drawers,” “Vintage jewelry,” and “Retro clothing and costumes” all suggest a certain time frame or age of personal...
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Mike Brandly, Auctioneer
Jun 12, 20142 min read
Auctioneer clause concerns
Auctioneers typically enter into contracts with their sellers (clients.) These contracts often note the date and location of auction,...
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Mike Brandly, Auctioneer
Jun 9, 20142 min read
Contract terms counter to law
For example in a contract to sell or an agreement to abide by certain terms and conditions, that document counters established law. Two...
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