Mike Brandly, Auctioneer
Agree to terms, and the terms change
We really don’t have to wonder, do we? For example, an auctioneer posts online auction terms and conditions (terms), and people click...
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Mike Brandly, Auctioneer
Oct 12, 20222 min read
Auction bidder banning policies
We have written many times about how auction registration policies need to be fixed prior to the auction event and then remain as such...
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Mike Brandly, Auctioneer
Oct 10, 20223 min read
That highest (not yet) bid
Auctioneers want to maximize the bidder pool. In doing so, many of us are allowing online bids either placed in real-time and/or for the...
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Mike Brandly, Auctioneer
Oct 6, 20223 min read
Auctioneers and/or real estate agents
There are maybe (as we believe) 50,000 auctioneers in the United States. The Association of Real Estate License Law Officials (ARELLO)...
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Mike Brandly, Auctioneer
Oct 3, 20224 min read
Courts interpreting “explicit”
We’ve held that a “bright line” defining when an auction is absolute or without reserve is horrible for the auction industry. What is...
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Mike Brandly, Auctioneer
Sep 26, 20223 min read
Absolute auctions and “de minimus”
Absolute auctions, by definition, involve selling to the highest bidder. So, if an auctioneer has a current bid of $750,000.00 and a...
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Mike Brandly, Auctioneer
Sep 23, 20222 min read
Using “absolute” to define a reserve?
Where in the United States can an auctioneer legally say, “This is selling absolute over a minimum bid of …?” The answer? Nowhere in...
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Mike Brandly, Auctioneer
Sep 20, 20223 min read
Explicit bright lines and auction malpractice
In a recent case before the Supreme Court of Virginia, parties discussed when an auction is with reserve and when it is without reserve,...
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Mike Brandly, Auctioneer
Sep 19, 20223 min read
Types or versions of auctions?
Yes, we’ve held for as long as I have been in the auction business that there are two types of auctions: With reserve and without...
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Mike Brandly, Auctioneer
Sep 14, 20222 min read
Could “worth” be an expressed warranty?
We have been in the auction and appraisal business for decades. We’ve written about the appraisal industry many times and have...
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Mike Brandly, Auctioneer
Sep 12, 20223 min read
A fixed amount of buyer’s premium?
Abby decides to attend in person an absolute (without reserve) simulcast auction as there are some items that interest her. She drives...
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Mike Brandly, Auctioneer
Sep 9, 20222 min read
Waiving bidder requirements?
Can an auctioneer/seller set the terms and conditions for auction registration, and then allow another bidder to bid who doesn’t satisfy...
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Mike Brandly, Auctioneer
Sep 7, 20222 min read
Auctions regardless …
I see the use of the word, “regardless” every day in the auction business. For instance: Selling absolute to the highest bidder...
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Mike Brandly, Auctioneer
Sep 5, 20222 min read
Bound by terms I can’t comply with?
We have tried to help auctioneers understand that setting the terms and conditions for your auction, and then sticking to them, requiring...
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Mike Brandly, Auctioneer
Sep 3, 20222 min read
Auctioneers: The expression of one …
In the case known as United States v. Barnes, 222 U.S. 513 (1912) (Supreme Court of the United States) the topic of expressio unius est...
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Mike Brandly, Auctioneer
Aug 29, 20222 min read
Undisclosed supply at auction
I attended an interesting auction where an item was put up for bids (offers) and then if the price was deemed sufficient, suddenly more...
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Mike Brandly, Auctioneer
Aug 22, 20223 min read
Expressed, implied, and fitness
An auctioneer might express what something is, be in the business of representing such property, or suggest (imply) what something is. ...
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Mike Brandly, Auctioneer
Aug 16, 20222 min read
Everything isn’t a “license” law issue
Some auctioneers lament that there is “shill” bidding in the auction industry — for example — and reply essentially, “Well, there’s no...
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Mike Brandly, Auctioneer
Aug 9, 20223 min read
Disclosing your agency
With any type of agency relationship, the agents should always disclose to others their status as someone’s agent before engaging them in...
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Mike Brandly, Auctioneer
Aug 7, 20222 min read
Is it “merger” time in the auction industry?
This auction company is merging with this other auction company “to serve our clients better” and that’s typically the given reason. We...
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