Mike Brandly, Auctioneer
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...
top of page
Search
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
Mike Brandly, Auctioneer
Sep 19, 20223 min read
Types or versions of auctions?
Yes, we’ve held for as long as I have been in the auction business that there are two types of auctions: With reserve and without...
0 views0 comments
Mike Brandly, Auctioneer
Sep 14, 20222 min read
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...
1 view0 comments
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...
0 views0 comments
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...
2 views0 comments
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...
0 views0 comments
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...
0 views0 comments
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...
0 views0 comments
Mike Brandly, Auctioneer
Aug 29, 20222 min read
Undisclosed supply at auction
I attended an interesting auction where an item was put up for bids (offers) and then if the price was deemed sufficient, suddenly more...
0 views0 comments
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. ...
0 views0 comments
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...
1 view0 comments
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...
0 views0 comments
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...
0 views0 comments
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...
0 views0 comments
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....
0 views0 comments
Mike Brandly, Auctioneer
Jul 29, 20223 min read
The NAA IAC Final Round Questions ’22
At the 2022 National Auctioneers Association (NAA) International Auctioneer Championship (IAC) held Friday, July 29 in San Diego,...
1 view0 comments
bottom of page