Mike Brandly, Auctioneer
Missed or misplaced bids?
That contention encompasses that it is the responsibility of the bidder to make his bid known, rather than the responsibility of the...
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Mike Brandly, Auctioneer
Jan 17, 20172 min read
Is bidding at auction a privilege or right?
An auction event essentially invites bidders/buyers to participate by allowing them to contract with the auctioneer/seller. This contract...
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Mike Brandly, Auctioneer
Jan 16, 20173 min read
Name your price … really?
We as auctioneers have two choices when selling anything at auction: Sell it absolute or sell it with reserve. The absolute auction...
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Mike Brandly, Auctioneer
Jan 6, 20172 min read
The burden of auctioneer prowess
His story was fairly straightforward in that his seller-client had hired an auctioneer to sell a coin collection. The auction took place...
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Mike Brandly, Auctioneer
Jan 2, 20173 min read
15 things … a bid calling law primer
However, it seems some auctioneers don’t know much of what legally is going on when they bid call. Here, we present the legal mechanics...
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Mike Brandly, Auctioneer
Dec 27, 20162 min read
“Auction,” “Price,” “Buy” & “Sale”
We have written before about the suggested shifts away from auctioneers using the word “auction” in their advertising. Most notably: The...
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Mike Brandly, Auctioneer
Dec 22, 20163 min read
Should the auctioneer start the bid?
For example, an auctioneer might say, “Start me out at $15,000 …” [the invitation to bid $15,000] and then a bidder might bid $5,000 [the...
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Mike Brandly, Auctioneer
Dec 20, 20162 min read
Reopen the bid to only certain bidders?
We have written extensively about auctioneers reopening the bid; for instance, here: https://mikebrandlyauctioneer.wordpress.com/2010/07...
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Mike Brandly, Auctioneer
Dec 16, 20162 min read
Another wacky auction legal argument
I have read virtually every article, book and blog regarding auction law and/or customary practice that exists. And I’ve sure seen some...
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Mike Brandly, Auctioneer
Dec 12, 20164 min read
Auctioneer Discretion and Control in Registering Bidders
In so doing, I always stress the importance of knowing the law as well as customary practice regarding the auction industry. One topic...
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Mike Brandly, Auctioneer
Dec 5, 20162 min read
What “may” be auctioneers’ terms & conditions’ worst word choice
Yet, I see this word in countless auctioneers’ terms and conditions, and suggest it’s the worst possible word choice. What is this word? ...
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Mike Brandly, Auctioneer
Nov 23, 20162 min read
Some implications of the UCC 2-328
Otherwise, this same brief 254 words is referenced in courts around the United States every day; the implications of the UCC 2-328 are...
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Mike Brandly, Auctioneer
Nov 14, 20163 min read
In an auction (lawsuit,) who has “standing?”
By standing in our context here we mean, “Who does have a legitimate right to sue … an auctioneer?” In a somewhat recent discussion...
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Mike Brandly, Auctioneer
Nov 10, 20163 min read
Auction title and possession
At auction, the words, “title” and “possession” take on somewhat special meaning — but not all that special. In a personal property...
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Mike Brandly, Auctioneer
Nov 3, 20162 min read
Come get a bargain?
Let’s start with this premise: Auction marketing is distinctly different than other marketing. Retail operations need buyers and when...
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Mike Brandly, Auctioneer
Oct 31, 20162 min read
Hiring an auctioneer without a written contract
“I hired an auctioneer and things didn’t go right … so what can I do? I don’t have a written contract.” Our first question might be,...
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Mike Brandly, Auctioneer
Oct 18, 20164 min read
Murray, Williston and auction contracts
Murray was a chancellor and a professor of law at Duquesne University in Pittsburgh, Pennsylvania. He was a former dean of the University...
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Mike Brandly, Auctioneer
Oct 13, 20162 min read
“Using” another auctioneer’s license
Likewise, real estate brokers are licensed by state and thus permitted to practice real estate in that state. As large regional [real...
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Mike Brandly, Auctioneer
Oct 11, 20162 min read
Who can sign?
In more modern times, and certainly in most auctioneer-license states, auctioneers endeavor (or are required) to enter into a written...
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Mike Brandly, Auctioneer
Oct 6, 20163 min read
You don’t know what an “auction” is?
After graduating from The Ohio State University, I attended auction school. Soon after I was working as an auctioneer in the Columbus,...
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