Mike Brandly, Auctioneer
Could “worth” be an expressed warranty?
We have been in the auction and appraisal business for decades. We’ve written about the appraisal industry many times and have...
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Mike Brandly, Auctioneer
Sep 12, 20223 min read
A fixed amount of buyer’s premium?
Abby decides to attend in person an absolute (without reserve) simulcast auction as there are some items that interest her. She drives...
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Mike Brandly, Auctioneer
Sep 9, 20222 min read
Waiving bidder requirements?
Can an auctioneer/seller set the terms and conditions for auction registration, and then allow another bidder to bid who doesn’t satisfy...
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Mike Brandly, Auctioneer
Sep 7, 20222 min read
Auctions regardless …
I see the use of the word, “regardless” every day in the auction business. For instance: Selling absolute to the highest bidder...
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Mike Brandly, Auctioneer
Sep 5, 20222 min read
Bound by terms I can’t comply with?
We have tried to help auctioneers understand that setting the terms and conditions for your auction, and then sticking to them, requiring...
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Mike Brandly, Auctioneer
Sep 3, 20222 min read
Auctioneers: The expression of one …
In the case known as United States v. Barnes, 222 U.S. 513 (1912) (Supreme Court of the United States) the topic of expressio unius est...
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Mike Brandly, Auctioneer
Aug 22, 20223 min read
Expressed, implied, and fitness
An auctioneer might express what something is, be in the business of representing such property, or suggest (imply) what something is. ...
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Mike Brandly, Auctioneer
Aug 16, 20222 min read
Everything isn’t a “license” law issue
Some auctioneers lament that there is “shill” bidding in the auction industry — for example — and reply essentially, “Well, there’s no...
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Mike Brandly, Auctioneer
Aug 9, 20223 min read
Disclosing your agency
With any type of agency relationship, the agents should always disclose to others their status as someone’s agent before engaging them in...
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Mike Brandly, Auctioneer
Aug 7, 20222 min read
Is it “merger” time in the auction industry?
This auction company is merging with this other auction company “to serve our clients better” and that’s typically the given reason. We...
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Mike Brandly, Auctioneer
Aug 4, 20223 min read
Sullivan v. Max Spann
The case at the Supreme Court of New Jersey known as John C. Sullivan v. Max Spann Real Estate & Auction Co. (A-57-20) (085225) was...
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Mike Brandly, Auctioneer
Aug 2, 20222 min read
Your auction platform is down, so …
Auctioneers use a variety of platforms to host their own websites, provide for online bidding, and/or to disseminate a variety of content....
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Mike Brandly, Auctioneer
Jul 19, 20223 min read
Auction laws that are vague
I’ve repeatedly held that state and federal legislatures (and relatedly governors/presidents) aren’t terribly good at writing law, which...
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Mike Brandly, Auctioneer
Jul 14, 20223 min read
May attempt to describe?
We’ve noted that auctioneers cannot disclaim expressed warranties, and shouldn’t disclaim implied warranties, but many mistakenly...
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Mike Brandly, Auctioneer
Jul 12, 20223 min read
No liability for accuracy, errors, or omissions?
Let’s see … an auctioneer is selling some real property at auction. He advertises that this subject property is about 5 acres (+/-) with...
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Mike Brandly, Auctioneer
Jul 8, 20223 min read
Is a with reserve auction better for the seller?
Auctioneers often ask if there is any “proof” absolute auctions produce the highest prices for sellers. While there isn’t a consensus of...
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Mike Brandly, Auctioneer
Jul 4, 20224 min read
Seller wants to (should) sell absolute …
Our question today is: “Would an auctioneer accept a seller’s property for auction and sell it absolute if the seller requested such?” ...
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Mike Brandly, Auctioneer
Jul 1, 20222 min read
Right of Refusal vs. Reserve Bids
I have noted that Daniel P. West has linked to my blog once if not more times and I appreciate that, and I have linked to his blog in...
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Mike Brandly, Auctioneer
Jun 29, 20222 min read
What if the buyer says he never received?
With more and more shipping of auction purchases, auctioneers occasionally discover that buyers will report they never received their...
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Mike Brandly, Auctioneer
Jun 27, 20222 min read
Your seller “seeing the market?”
Many auctioneers have told me that their favorite type of “with reserve” auction is a seller-confirmation auction — a right to accept or...
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