Mike Brandly, Auctioneer
Online ownership prior to auction?
For example, say the auction date is November 15. November 1 the auction house places a list of the items to be offered at auction on...
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Mike Brandly, Auctioneer
Dec 25, 20112 min read
Should auctioneers announce the buyer’s (or bidder’s) name? Part II
Our original story is here: Should auctioneers announce the buyer’s (or bidder’s) name? Nancy purchased a rare pair of Japanese Carl...
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Mike Brandly, Auctioneer
Dec 24, 20113 min read
The law allows one bid to be placed?
In December, 2009, Harold French, a licensed auctioneer attended an auction conducted by Stephen Bennett, another licensed auctioneer....
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Mike Brandly, Auctioneer
Dec 11, 20113 min read
Retraction made while the hammer is falling?
One such “playing field” issue is that outside of seller withdrawal, the buyer may retract his bid anytime before the property is deemed...
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Mike Brandly, Auctioneer
Nov 25, 20114 min read
Customary closing is … the price?
We write here about our analysis of this somewhat unusual type of auctioneer closing. The UCC 2-328 as adopted by 49 of the 50 states in...
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Mike Brandly, Auctioneer
Nov 15, 20113 min read
Should auctioneers announce the buyer’s (or bidder’s) name?
Ed conducts an “Every Friday” consignment auction in Carlin, Nevada. This particular Friday, he opens his auction with the first item up...
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Mike Brandly, Auctioneer
Nov 15, 20113 min read
Puffing versus misrepresentation at auction
Puffing goes on in the auction business every day. Auctioneers (and sellers utilizing auctioneers) talk to bidders, and represent in...
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Mike Brandly, Auctioneer
Nov 7, 20112 min read
Types of auction commission structures
Prevailing theory is that with a commission structure, the auctioneer and client work together with the same interest … the more the...
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Mike Brandly, Auctioneer
Nov 6, 20113 min read
Auction bidders deserve to know seller identity?
And as more and more sellers sell their property by auction, some sellers — despite believing in the auction method of marketing — wish...
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Mike Brandly, Auctioneer
Oct 27, 20114 min read
Last good faith bid?
This 4-paragraph section of state law is the most paramount law for auctioneers in the United States. It dictates, among many things,...
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Mike Brandly, Auctioneer
Sep 24, 20113 min read
High bidder doesn’t win?
As we’re waiting for our entrees to arrive to our table, I asked him a question: “Have you ever had two bids of the same amount come in...
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Mike Brandly, Auctioneer
Sep 10, 20113 min read
Sealed Bid & Absolute Auction
“Is it just me or does “Sealed Bid & Absolute Auction” seem rather confusing? I read about an upcoming auction where it’s called a...
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Mike Brandly, Auctioneer
Sep 1, 20112 min read
Does the UCC 2-328 apply to an online auction?
Despite there not being any licensing law for online auctions in most states, there is contract law and related statutes which courts use...
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Mike Brandly, Auctioneer
Aug 30, 20113 min read
Does the UCC 2-328 apply to real estate?
First, we did ask if the UCC 2-328 applies to real estate and we should probably say, “real property” instead, as real estate is only the...
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Mike Brandly, Auctioneer
Aug 28, 20113 min read
Different increments for different bidders?
In other words, can an auctioneer have Julie on at $500 and ask (demand) Rachel bid $525 to outbid Julie, and when Rachel bids $525, then...
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Mike Brandly, Auctioneer
Aug 20, 20113 min read
If I had written the UCC 2-328
The UCC 2-328 as it is today, and as largely adopted verbatim by the states in the United States, is here:(1) In a sale by auction if...
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Mike Brandly, Auctioneer
Aug 17, 20113 min read
Caveat emptor and auctions
The practical matter of caveat emptor is that buyers should be alert to omission, deception and misrepresentation in transactions,...
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Mike Brandly, Auctioneer
Aug 6, 20113 min read
We’ll both buy?
Vince arrives to a restaurant auction on Saturday and finds several palettes of new coffee filters. He estimates that there are about...
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Mike Brandly, Auctioneer
Jul 19, 20113 min read
Sold! Subject to seller’s approval?
Bob replied, “Well, I’m unclear. The auctioneer said, “Sold!” but I then heard the seller had 48 hours to accept or reject the offer.”...
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Mike Brandly, Auctioneer
Jul 8, 20113 min read
Ringman & Bids
Typically someone will mention that, “My ringman had a bid,” or “My ringman was on,” in regard to where the bid was and who was in or...
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