Mike Brandly, Auctioneer
Tort law in the auction business
It might involve unfair trade practices, unreasonable or damaging conditions of employment or loss suffered from product malfunctions,...
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Mike Brandly, Auctioneer
May 21, 20132 min read
Auctioneers can’t commingle nor convert
Commingle Convert Both these terms regard actions that should not take place when holding client funds in a trust or escrow account. We...
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Mike Brandly, Auctioneer
May 13, 20132 min read
Auction is scheduled and then …
Kurt recently wrote about auctioneers entering into contracts with sellers, where the sellers want to sign the contract for auction, but...
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Mike Brandly, Auctioneer
Apr 27, 20133 min read
Auctioneer can’t sell items prior to auction?
Sometimes, people stop by Manny’s auction the day before — or the afternoon of — and see an item or two they want to buy “right now.”...
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Mike Brandly, Auctioneer
Apr 2, 20132 min read
The withdrawal at absolute auction
Yet, it’s maybe the most misunderstood (or at least the most misinterpreted) four paragraphs of law involving auctioneers. Today we focus...
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Mike Brandly, Auctioneer
Mar 20, 20133 min read
Your bid is irrevocable?
His interest in auctions began as a child, when he would go to auctions with his mother, Carol, in the Roanoke, Virginia area. They...
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Mike Brandly, Auctioneer
Mar 18, 20133 min read
Only certain bidders?
Many say, “With online auction software, we have thousands of bidders from all over the world …” and maybe that does differentiate online...
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Mike Brandly, Auctioneer
Feb 15, 20132 min read
The words “Selling at auction …”
For decades, all over the United States, auctioneers have been saying in marketing materials: “Selling at auction …” denoting a time and...
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Mike Brandly, Auctioneer
Jan 20, 20132 min read
Absolute with minimum increments
A recent auction attendee (we’ll call him James) is also an attorney. He called me once he arrived to an auction, asking me about what...
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Mike Brandly, Auctioneer
Jan 14, 20133 min read
Auctioneers and recovery funds
In that article, we mentioned that some states have augmented or completely replaced the requirement for auctioneers to be bonded, and...
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Mike Brandly, Auctioneer
Jan 7, 20133 min read
Charging the right charge for the charge?
Auctioneers charging those buyers with an additional fee? Likely this is counter to the terms of the merchant agreement the auctioneer...
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Mike Brandly, Auctioneer
Jan 3, 20133 min read
Auctioneers and bonding
There are a number of different types of surety bonding instruments. Auctioneer bonding is a type of surety bond (license and permit...
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Mike Brandly, Auctioneer
Jan 1, 20133 min read
Auctioneers circumventing licensing?
Typical requirements for licensure include auction school, a test, fees, bonding, background check, serving an apprenticeship and/or...
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Mike Brandly, Auctioneer
Dec 24, 20122 min read
Beware: Online auctions and reindeer games
Can’t you hear that Christmas song playing in the background …? Youragentbid (www.youragentbid.com) is hosting their own auctions these...
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Mike Brandly, Auctioneer
Dec 20, 20123 min read
The allure of the estate auction
However, another word used in auction advertising is nearly as captivating: “estate,” as in an “estate” auction. An “absolute” auction...
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Mike Brandly, Auctioneer
Dec 13, 20123 min read
Dutch auctions … the material difference
The winning participant in a Dutch auction pays the last announced price. This is also known as a so-called clock auction or an...
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Mike Brandly, Auctioneer
Dec 7, 20123 min read
Auctioneers and credit card chargebacks
For decades, the two most notable sections of the UCC for auctioneers were UCC 2-328 (dealing with types of auctions, and bid calling)...
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Mike Brandly, Auctioneer
Dec 2, 20125 min read
When does a bid become a bid?
With a large estate auction near Rachel’s home scheduled for next Saturday, Rachel calls Chris to see if he can return home. He can. The...
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Mike Brandly, Auctioneer
Dec 1, 20123 min read
Identify parties to auction sale contract
We previously wrote about keeping the seller’s identity (and sales price) confidential at auctions. That article can be read...
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Mike Brandly, Auctioneer
Nov 18, 20122 min read
Announcements made day of sale take precedence?
Sometimes it’s “… all prior printed material,” or, “… all prior announcements and printed material,” or, “… any other information either...
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