Mike Brandly, Auctioneer
Crazy auction terms and conditions?
Auction/auctioneer has the right to terminate any contract between auction/auctioneer and consignor/seller for any reason, up to and...
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Mike Brandly, Auctioneer
Nov 16, 20182 min read
Cold weather bid calling
Indeed there are such considerations. Here’s a summary: Nose breathing (in) and mouth breathing (out) allows warm air to accumulate and...
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Mike Brandly, Auctioneer
Nov 10, 20183 min read
Auctions and contract symmetry
We have argued for years that auction contracts (listing contracts, consignment contracts, terms and conditions, bid calling contracts)...
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Mike Brandly, Auctioneer
Oct 30, 20182 min read
Auction theft or an auction unpaid?
If this buyer’s check bounced and the buyer has possession and control of the property — this is likely theft — a criminal matter. If...
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Mike Brandly, Auctioneer
Oct 26, 20182 min read
Are competitive pre-auction bids pre-auction?
https://mikebrandlyauctioneer.wordpress.com/2018/09/03/simulcast-auctions-how-they-work-and-how-they-dont/ For example, if a simulcast...
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Mike Brandly, Auctioneer
Oct 24, 20183 min read
Possible risk with assigning risk
https://mikebrandlyauctioneer.wordpress.com/2018/10/18/puffing-or-representing-while-bid-calling/ and as promised, here’s our more...
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Mike Brandly, Auctioneer
Oct 22, 20183 min read
I’d rather buy from Amazon than at auction; is it any wonder?
Amazon.com (or countless other online retailers.) Let’s see, what’s involved in such a transaction? Click? Yep, pretty much. No...
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Mike Brandly, Auctioneer
Oct 18, 20183 min read
Puffing or representing while bid calling
Kurt Bachman is a skilled attorney and auctioneer. We don’t always agree, but his recent article regarding “Does your chant create an...
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Mike Brandly, Auctioneer
Oct 12, 20182 min read
Auctioneers deal with urgency …
Hondros College. In those classes, students often ask what the customary commission is for selling real property; additionally, they...
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Mike Brandly, Auctioneer
Oct 10, 20183 min read
Legal precedent in auction cases …
I note that any prior ruling could be binding or a principle and therefore persuasive. Therefore precedent may not be binding but be...
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Mike Brandly, Auctioneer
Oct 8, 20182 min read
Going, going, gone … at auction
Sotheby’s recently sold a framed image of a girl reaching out for a red, heart-shaped balloon for $1.4 million. Then moments later a...
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Mike Brandly, Auctioneer
Oct 5, 20183 min read
“As-is” with absolutely no inspection opportunity
Of course, caveat emptor is the principle that the buyer alone is responsible for checking the quality and suitability of goods before a...
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Mike Brandly, Auctioneer
Oct 3, 20182 min read
Make an auction offer irrevocable … accept it.
As most know, in contract law offers basically remain open until acceptance, rejection, revocation, expiration, operation of law, death,...
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Mike Brandly, Auctioneer
Oct 1, 20182 min read
The highest price … or the highest offer?
Song Dynasty. One such example came up for auction in London, England and Dr. Yao planned to attend and bid. The day of the auction, Dr....
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Mike Brandly, Auctioneer
Sep 25, 20182 min read
Asking/requiring a bidder to leave the auction
This question is almost the same question we answered in 2017 when we wrote about denying a bidder from participating in an auction event....
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Mike Brandly, Auctioneer
Sep 21, 20182 min read
Auction events are often not perfect …
One thing I think we’ve learned over this time is that “auction events are not perfect.” What do we mean by that? We mean just that …...
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Mike Brandly, Auctioneer
Sep 20, 20182 min read
Using a POA to circumvent auction licensing
The question becomes: “Can a power of attorney (POA) circumvent the licensing requirement?” It appears to us that unless the state has...
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Mike Brandly, Auctioneer
Sep 17, 20182 min read
Auctioneers and standard form contracts
N.A.S.H (National Auction Supply House), Keifer Auction Supply and Missouri Auction School. Additionally, and our topic today, some...
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Mike Brandly, Auctioneer
Sep 10, 20183 min read
UCC 2-328 allows reopen if other bidder is upset?
Quite frankly, bid calling isn’t terribly complicated in that auctioneers basically take (accept) bids from individual bidders until...
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Mike Brandly, Auctioneer
Sep 5, 20183 min read
The opportunity to bid a certain amount?
Auctions generally don’t assure this bidder he’ll get this item if it sells for $750 — or even less depending upon the increments. For...
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