Mike Brandly, Auctioneer
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 22, 20223 min read
Should auctioneers see your maximum bid?
Auctioneers often take absentee bids or allow bidders to bid online where they are privy to the bidder’s maximum bid. Our question today...
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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 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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Mike Brandly, Auctioneer
Jun 24, 20223 min read
Auctions, equal footing, binding alike …
Do we as auctioneers have to treat all bidders to the same terms and conditions — in other words, equal footing — and are those terms and...
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Mike Brandly, Auctioneer
Jun 15, 20222 min read
Are Auctioneers Third-Party Settlement Organizations?
With recent changes to 26 U.S. Code § 6050W lowering the threshold for transaction reporting requirements from $20,000 to $600 for...
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Mike Brandly, Auctioneer
Jun 13, 20223 min read
How to win an online auction
It’s supposed to be easy … and most of the time it is. However, things happen: The Internet goes down, the online platform goes down,...
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Mike Brandly, Auctioneer
Jun 8, 20222 min read
Auctioneers claiming “sole discretion”
Auctioneers like having a lot of discretion. Steve Proffitt held auctioneers should have little or no discretion and I tend to agree: ...
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Mike Brandly, Auctioneer
Jun 5, 20222 min read
Auctioneers should and shouldn’t
If I have used a guiding principle in my business as well as writings on this platform, I would say it comes down to two such thoughts:...
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Mike Brandly, Auctioneer
Jun 2, 20223 min read
Settling an auction the day of auction?
One of the first auctions I worked in Columbus, Ohio was a personal property auction conducted by Jack B. Smith, Auctioneer. It was a...
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Mike Brandly, Auctioneer
May 31, 20223 min read
Is it what the auctioneer said it is?
We have written lately and otherwise about auctioneers saying something is “something” and then disclaiming that this same property is...
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Mike Brandly, Auctioneer
May 28, 20222 min read
Irreconcilable E&O Disclaimers
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling a Vincent...
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Mike Brandly, Auctioneer
May 21, 20222 min read
This $87.8 million mansion went to auction?
A mansion (not the above mansion) went to auction and the high bid was $45.76 million. A news headline thereafter read that a “$87.8...
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Mike Brandly, Auctioneer
May 16, 20223 min read
Must, shall, should, will, may …
Auctioneers are confronted with any number of laws. Legislators author bills that become law when a governor or the President signs (or...
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