Mike Brandly, Auctioneer
Can an auctioneer disclaim an implied warranty?
Are you disclaiming implied warranties in your terms and conditions? You might be. Your terms note such and your attorney has told you...
top of page
Search
Mike Brandly, Auctioneer
Nov 18, 20223 min read
Auctions and parol evidence
We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from...
0 views0 comments
Mike Brandly, Auctioneer
Nov 16, 20222 min read
Anything I say is not binding?
Let’s just say that an auctioneer’s terms note: Buyer agrees that any oral representation made by the auctioneer shall not modify these...
0 views0 comments
Mike Brandly, Auctioneer
Nov 14, 20223 min read
Auctioneer evolution?
I’ve seen this graphic many times … we auctioneers started out as apes? Well, maybe not, but more recently we went from so-called live...
0 views0 comments
![Auction [license] law principles](https://static.wixstatic.com/media/69aad9_619d4b6001e544329a1e4a8c3c0515a2~mv2.png/v1/fill/w_1132,h_850,fp_0.50_0.50,q_95,enc_auto/69aad9_619d4b6001e544329a1e4a8c3c0515a2~mv2.png)
Mike Brandly, Auctioneer
Nov 12, 20222 min read
Auction [license] law principles
In states which license occupations, and in particular auctioneers and auction activity, the law essentially gives permission to conduct...
0 views0 comments
Mike Brandly, Auctioneer
Nov 9, 20222 min read
“Buy at your price” … or not.
Let’s see … I can buy “this” property for my price so I’m thinking I can determine the price. Of course, if it’s an auction, I’ll...
0 views0 comments
Mike Brandly, Auctioneer
Nov 7, 20223 min read
50,000 different websites? Really?
I admit I was one of the first auctioneers to denounce large online platforms — as I held they were a threat to us auctioneers. You can...
0 views0 comments
Mike Brandly, Auctioneer
Nov 4, 20222 min read
Regardless with a suggestion?
We’ve sold an immense amount of property at auction — absolute to the highest bidder. In other words, those sellers (clients) had the...
0 views0 comments
Mike Brandly, Auctioneer
Nov 2, 20222 min read
Auctioneers & Agency
No agency exists unless created — and what creates it? Knowledge of the relationship, and consent to it. Agency begins with the client...
0 views0 comments
Mike Brandly, Auctioneer
Oct 31, 20223 min read
What’s the bidder’s consideration?
We see auctioneers somewhat routinely noting that bidders’ bids once placed (accepted) can’t be revoked nor withdrawn — in other words,...
0 views0 comments
Mike Brandly, Auctioneer
Oct 27, 20222 min read
Absolute auction? Nope.
Yes, this was the claim. For any auction — once a bid is placed — that constitutes a minimum bid that the next bid must exceed. As...
0 views0 comments
Mike Brandly, Auctioneer
Oct 17, 20222 min read
Worth? Estimate? Value? Guide?
Do all these words mean the same thing? I believe this item is worth $140,000? I estimate this at $140,000? The value of this item is...
0 views0 comments
Mike Brandly, Auctioneer
Oct 14, 20222 min read
Agree to terms, and the terms change
We really don’t have to wonder, do we? For example, an auctioneer posts online auction terms and conditions (terms), and people click...
0 views0 comments
Mike Brandly, Auctioneer
Oct 12, 20222 min read
Auction bidder banning policies
We have written many times about how auction registration policies need to be fixed prior to the auction event and then remain as such...
0 views0 comments
Mike Brandly, Auctioneer
Oct 10, 20223 min read
That highest (not yet) bid
Auctioneers want to maximize the bidder pool. In doing so, many of us are allowing online bids either placed in real-time and/or for the...
0 views0 comments
Mike Brandly, Auctioneer
Oct 3, 20224 min read
Courts interpreting “explicit”
We’ve held that a “bright line” defining when an auction is absolute or without reserve is horrible for the auction industry. What is...
0 views0 comments
Mike Brandly, Auctioneer
Sep 29, 20222 min read
Auctioneer CE: states or associations?
Some states require auctioneer continuing education (CE) — and auctioneers complete it or lose their licenses to practice. Some state...
0 views0 comments
Mike Brandly, Auctioneer
Sep 26, 20223 min read
Absolute auctions and “de minimus”
Absolute auctions, by definition, involve selling to the highest bidder. So, if an auctioneer has a current bid of $750,000.00 and a...
0 views0 comments
Mike Brandly, Auctioneer
Sep 23, 20222 min read
Using “absolute” to define a reserve?
Where in the United States can an auctioneer legally say, “This is selling absolute over a minimum bid of …?” The answer? Nowhere in...
0 views0 comments
Mike Brandly, Auctioneer
Sep 20, 20223 min read
Explicit bright lines and auction malpractice
In a recent case before the Supreme Court of Virginia, parties discussed when an auction is with reserve and when it is without reserve,...
0 views0 comments
bottom of page