Mike Brandly, Auctioneer
Commercially reasonableness in court
I’ve held that “commercially reasonable” is a noble standard to adhere to as an auctioneer. Included in such is the opportunity for...
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Mike Brandly, Auctioneer
Dec 5, 20213 min read
Bidders with all the same terms?
Of course, my phone rings … “Hey, I may need your help. I have a bidder who is telling me this other bidder …” As I listen, I know this...
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Mike Brandly, Auctioneer
Dec 3, 20212 min read
Auctions and the chances of Alpha and Beta, etc.
In 2010 we introduced our formulas for the chances of one item at auction attracting the “most interested bidder” (Alpha) and the “second...
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Mike Brandly, Auctioneer
Nov 30, 20212 min read
“Selling to the highest bidder?”
Do you advertise that you’re “Selling to the highest bidder?” If so, then you should indeed be, “Selling to the highest bidder.” Yet,...
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![Where’s the [auction] link?](https://static.wixstatic.com/media/69aad9_190a0c608c9a4ec8ab1520f345c90841~mv2.jpg/v1/fill/w_1435,h_1078,fp_0.50_0.50,q_90,enc_auto/69aad9_190a0c608c9a4ec8ab1520f345c90841~mv2.jpg)
Mike Brandly, Auctioneer
Nov 29, 20213 min read
Where’s the [auction] link?
Auctioneers regularly share their auctions on social media platforms. This benefits their clients by exposing the auction to more people....
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Mike Brandly, Auctioneer
Nov 17, 20213 min read
Can two bidders have the same “max bid?”
For online auctions — and for that matter, any auction — bidders can disclose or keep confidential their maximum (max) bid. I might...
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Mike Brandly, Auctioneer
Nov 15, 20212 min read
Would auctioneers rather you didn’t read it?
Many say when it comes to contracting (contracts, terms, and conditions, and the like) that sellers and bidders have a “duty to read” the...
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Mike Brandly, Auctioneer
Nov 11, 20213 min read
Auction disclosures in 1-pt type?
I recently testified in yet another auction case. The issue was basically a “title issue” which wasn’t adequately disclosed (in my...
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Mike Brandly, Auctioneer
Nov 8, 20212 min read
Should your entire online auction be up?
The question is, for a 1,000 lot online auction, should the auctioneer wait to allow bidding (or even put the auction up live) until all...
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Mike Brandly, Auctioneer
Oct 31, 20213 min read
Auctioneers, Constitution,Vaccines
I previously suggested that auctioneers do not have a constitutional or natural right to “medical freedom.” Of course, many auctioneers...
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Mike Brandly, Auctioneer
Oct 28, 20213 min read
Title, possession, and risks
Most agree that the Uniform Commercial Code (UCC) suggests that by default, once an auctioneer says, “Sold!” title transfers at that time...
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Mike Brandly, Auctioneer
Oct 25, 20212 min read
Steve Proffitt & Discretion
If one word is preached in auctioneer circles it’s “discretion.” For example, discretion to reopen the bid (or not,) or withdraw the...
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Mike Brandly, Auctioneer
Oct 14, 20213 min read
Seller bids to raise prices, not to retain title
The UCC § 2-328 has a prescribed solution to solve a seller bidding without disclosure. Basically, the high bidder (the buyer) may void...
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Mike Brandly, Auctioneer
Oct 13, 20213 min read
You don’t conduct absolute auctions?
Auctions are of two distinct types: “With (some sort of) reserve, or without (any such) reserve, also known as “absolute.” Sellers who...
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Mike Brandly, Auctioneer
Oct 11, 20214 min read
An auctioneer court-ruling guide …
This issue really isn’t that complex, yet some still don’t seem (and/or refuse) to understand. This “court case” said this, this “court...
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Mike Brandly, Auctioneer
Oct 6, 20213 min read
Highest “bona fide” bidder?
It’s been said (even memorialized in some state law) that at an absolute (without reserve) auction, the seller has the bona fide...
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Mike Brandly, Auctioneer
Oct 4, 20213 min read
Auctioneers: This could happen to anyone
You type in the “address” bar the website you want, and it’s not there. You see that your online auction is no longer up. You cannot...
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Mike Brandly, Auctioneer
Oct 1, 20213 min read
Can a potential bidder sue for being denied?
Our question today involves if a potential bidder at your auction can sue you in response to you denying his right (privilege) to bid? ...
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Mike Brandly, Auctioneer
Sep 29, 20212 min read
Auctioneers & trade fixtures
Auctioneers sell many personal property items from commercial and residential improvements, where either the owner or tenant has...
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Mike Brandly, Auctioneer
Sep 27, 20213 min read
Auctioneers and “times the money?”
For centuries auctioneers have — with a number of similar (or nearly identical) items — sold them “all for one money” or “choice” and/or...
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