Mike Brandly, Auctioneer
When, exactly, can the auctioneer take his commission?
The fee is a percentage of the gross proceeds. In this case, 20% will go to the auctioneer and 80% will go to the seller. The auction...
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Mike Brandly, Auctioneer
Aug 19, 20132 min read
Is it an auction or something else?
Real or personal property is sold by competitive bidding, with the high bidder becoming the owner. As such, a typical public auction...
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Mike Brandly, Auctioneer
Aug 16, 20133 min read
How long of a delay is considered a withdrawal?
And with only four paragraphs, there are many subtleties which are less obvious. For example, our topic today. Our scenario is a...
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Mike Brandly, Auctioneer
Aug 14, 20132 min read
Can you have an absolute online-only auction? Should you?
An absolute auction: An auction where once a lot (property) is put up for bid, and a bid is received within a reasonable time, the lot...
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Mike Brandly, Auctioneer
Aug 8, 20133 min read
Public auction invitations
Bob has had live auction crowds ranging from only a few bidders to over 1,000 bidders. He normally attributes the size of his crowd to...
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Mike Brandly, Auctioneer
Aug 6, 20132 min read
Auction contract binding upon who?
I note a particular paragraph found in my contract as well as many (I suspect) other auction consignment contracts used by auctioneers...
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Mike Brandly, Auctioneer
Jul 31, 20133 min read
Bidder “decision fatigue”
I wrote about “sale order” and if it matters here:http://mikebrandlyauctioneer.wordpress.com/2011/01/01/does-order-of-sale-matter/ Our...
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Mike Brandly, Auctioneer
Jul 25, 20132 min read
Is the ringman an agent?
These ringmen typically help present property to the bidders, and also relay bids and other information to/from the audience and the...
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Mike Brandly, Auctioneer
Jul 9, 20132 min read
In Louisianna it sells absolute
The only state which did not adopt the UCC 2-328 into their state law is Louisiana, however their courts regularly rule as if they had....
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Mike Brandly, Auctioneer
Jun 24, 20133 min read
Auction with only a picture of the defect?
Further, courts routinely rule that agents acting as a professional cannot purposely avoid knowledge about such property — also known as...
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Mike Brandly, Auctioneer
Jun 19, 20133 min read
Online auction licensing is here …
AuctionWeb (soon after to be www.eBay.com) was opened for business September 5, 1995 and the first item sold via an online auction was a...
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Mike Brandly, Auctioneer
Jun 10, 20133 min read
How often is it really selling absolute?
I see absolute auctions advertised all the time, all over the United States. However, how often is that really the case? Let’s look at...
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Mike Brandly, Auctioneer
May 27, 20132 min read
Auctions with mostly resellers present
Mary collected McCoy pottery; Tim collected B&G plates; Roberta collected pink depression; Jerry collected Hummels; Frank collected...
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Mike Brandly, Auctioneer
May 24, 20133 min read
Tort law in the auction business
It might involve unfair trade practices, unreasonable or damaging conditions of employment or loss suffered from product malfunctions,...
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Mike Brandly, Auctioneer
May 21, 20132 min read
Auctioneers can’t commingle nor convert
Commingle Convert Both these terms regard actions that should not take place when holding client funds in a trust or escrow account. We...
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Mike Brandly, Auctioneer
May 13, 20132 min read
Auction is scheduled and then …
Kurt recently wrote about auctioneers entering into contracts with sellers, where the sellers want to sign the contract for auction, but...
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Mike Brandly, Auctioneer
May 8, 20133 min read
Auctioneers have to excite their bidders?
Those companies that are in trouble are trying to target everybody: young, old, fat, skinny. But then you become totally vanilla. You...
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Mike Brandly, Auctioneer
Apr 27, 20133 min read
Auctioneer can’t sell items prior to auction?
Sometimes, people stop by Manny’s auction the day before — or the afternoon of — and see an item or two they want to buy “right now.”...
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Mike Brandly, Auctioneer
Apr 2, 20132 min read
The withdrawal at absolute auction
Yet, it’s maybe the most misunderstood (or at least the most misinterpreted) four paragraphs of law involving auctioneers. Today we focus...
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Mike Brandly, Auctioneer
Mar 20, 20133 min read
Your bid is irrevocable?
His interest in auctions began as a child, when he would go to auctions with his mother, Carol, in the Roanoke, Virginia area. They...
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