Mike Brandly, Auctioneer
Bidders and tortious interference
For years, when we (and everyone else) only held live auctions, there were often one or two somewhat infamous bidders who attempted — and...
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Mike Brandly, Auctioneer
Feb 14, 20223 min read
Is “highest and best” selling by auction?
In very high demand, low inventory real property markets (seller markets) often listing brokers will note that they will entertain...
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Mike Brandly, Auctioneer
Feb 9, 20222 min read
Setting your auction bidder criteria
We’ve said auctioneers should treat all bidders the same — and they should. In that, we are suggesting you set your auction bidder...
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Mike Brandly, Auctioneer
Feb 7, 20223 min read
We’re selling on multiple platforms
The auction begins and there are bidders on Platform X, other bidders on Platform Y, and yet other bidders on Platform Z. In addition,...
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Mike Brandly, Auctioneer
Jan 27, 20223 min read
17 ways to avoid unnecessary risks
We’ve been writing and commenting regarding risk in the auction business on this platform since 2009. As a frequent auction expert...
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Mike Brandly, Auctioneer
Jan 25, 20223 min read
Buyer buys, leaves, and now auction company owns it?
It seems I hear about this all the time? An auction takes place (online and/or live) and a buyer buys an item, pays for it, and then...
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Mike Brandly, Auctioneer
Jan 22, 20222 min read
Auctioneers and secret profits
As I teach real estate law for Hondros College, we have discussed with students for many years — albeit briefly — “secret profits” … and...
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Mike Brandly, Auctioneer
Jan 19, 20223 min read
Buyer’s premiums charged, retained
Let’s see … Tracy hires an auctioneer to sell her family’s farm equipment and tools including tractors, tillage equipment, mowers, and...
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Mike Brandly, Auctioneer
Jan 17, 20222 min read
Buyer’s Premium in the contract
Auctioneers all over the United States charge a buyer’s premium (buyer’s fee or surcharge in Wisconsin) and many have such provisions in...
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Mike Brandly, Auctioneer
Jan 12, 20224 min read
Alex Lyon case and the larger issue
We continue to hold that the Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach, 844 S.E.2d 120 (W.Va. 2020) case was...
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Mike Brandly, Auctioneer
Jan 10, 20223 min read
Don’t be the next auction test case
My friend Mike Hanley, Auctioneer wrote an inciteful analysis regarding the Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v....
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Mike Brandly, Auctioneer
Jan 7, 20223 min read
Auctioneers Can? May? Should? Must?
Words auctioneers should be careful to discern. Can? May? Should? Must? As well, there’s Can’t, May not, Should not, and Must not....
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Mike Brandly, Auctioneer
Jan 5, 20223 min read
Before it’s sold or after it’s sold?
At an auction held by David Weisz Company (Weisz) on October 25, 1978, a certain metal rolling machine “Plate Rolls?” was sold at...
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Mike Brandly, Auctioneer
Jan 3, 20222 min read
More auction licensing hypocrisy
Some states (maybe 13 or so) require auctioneers to take continuing education (CE) periodically. The balance of other states either do...
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Mike Brandly, Auctioneer
Dec 31, 20215 min read
Auctioneers: Less risk? Who decides?
There’s no question that there is increasing risk being an auctioneer and it is an out-and-out fallacy that all this risk is largely...
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Mike Brandly, Auctioneer
Dec 26, 20214 min read
Auctioneer has the right to do whatever?
I read it, and then I read it again and yes, the claim is “Auctioneer has the right to do whatever the [heck] she or he wants to. ...
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Mike Brandly, Auctioneer
Dec 24, 20213 min read
A curious story and UCC § 2-401(3)
Auctioneers call me all the time. I’m truly humbled many are inquiring how they can stay out of court, rather than spend a bunch of time...
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Mike Brandly, Auctioneer
Dec 22, 20213 min read
“Anyone” can register and we’ll sell to “anyone?”
I walked out of my last day of auction school many years ago … and among my many fond memories, I recalled registering bidders with the...
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Mike Brandly, Auctioneer
Dec 17, 20213 min read
Good faith, fair dealing, and judicial review
Auctioneers would have much better chances of avoiding litigation (and the related) if they understood and applied “good faith” and “fair...
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Mike Brandly, Auctioneer
Dec 13, 20215 min read
Lyon, Leach, Lerch & “fair dealing”
We have held that bidders register with the auctioneer (and/or seller) to earn the right to participate in an auction. This registration...
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