Mike Brandly, Auctioneer
Can the seller, client, or consignee dictate your commission?
Countless auctioneers work with sellers, clients, or consignees and many times the auctioneer dictates the commission or charge for their...
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Mike Brandly, Auctioneer
Apr 10, 20232 min read
We don’t sell those so we … throw them away?
Auctioneers are typically agents for sellers. As such, the seller puts their property in the hands of the auctioneer and trusts the...
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Mike Brandly, Auctioneer
Jun 24, 20213 min read
A common law adhesion standard
I wonder if these six points below sound familiar to any auctioneer in regard to their buyer registration terms and conditions (a.k.a....
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Mike Brandly, Auctioneer
May 27, 20213 min read
Bidders agreeing or contracting?
We’ve held here on this platform and otherwise that an “agreement” and a “contract” are essentially the same things — one sounding a bit...
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Mike Brandly, Auctioneer
May 25, 20213 min read
Did you really agree with (to) those terms?
Bidders don’t read. Bidders don’t understand. Bidders ignore what we tell them. Yet, we auctioneers write our own terms and conditions...
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Mike Brandly, Auctioneer
Mar 19, 20213 min read
One lot, multiple owners, at auction
We had been in the auction business only a few months when we received a telephone call from Larry who said he owned an antique store and...
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Mike Brandly, Auctioneer
Jun 4, 20202 min read
Legal advice without the “the rest of the story …”
Auctioneers are certainly advised to secure an attorney for any legal advice. Yet, the advice that any certain action/plan is permitted...
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Mike Brandly, Auctioneer
May 31, 20202 min read
Auctions, fairness and equity
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) was a case in New York where the seller of a home previously held as “haunted”...
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Mike Brandly, Auctioneer
Apr 8, 20202 min read
Sharing auctioneer contracts …
As well, we wrote that these contracts have three (3) essential ingredients: https://mikebrandlyauctioneer.wordpress.com/2009/12/01/the-...
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Mike Brandly, Auctioneer
Jan 22, 20202 min read
Bad weather draws crowds?
Except — that is — if the weather or conditions are too bad for even those with an extraordinary resolution to attend. All roadways...
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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
Jun 21, 20183 min read
That other bidder, and fraudulent inducement
There are only two types of auctions: with reserve and without reserve. We have written various times about this topic, including here:...
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Mike Brandly, Auctioneer
Apr 23, 20182 min read
Maybe selling absolute with binding opening bid?
In a without reserve auction, after the auctioneer calls for bids on a property, that property cannot be withdrawn unless no bid is made...
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Mike Brandly, Auctioneer
Apr 19, 20183 min read
Extraordinary liquidated damages in auction contract
Apparently, this auctioneer had (and maybe still has) severe financial penalties in his contract with his seller payable to him — in the...
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Mike Brandly, Auctioneer
Feb 26, 20183 min read
Don’t bid live — bid online?
Such is the case (again) with http://www.youragentbid.com (Youragentbid) as they continue to contend that they are partnering with large...
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Mike Brandly, Auctioneer
Feb 15, 20183 min read
Auctioneers bid calling faster than bidders can bid … or not
It is no wonder that we as auctioneers have a bad reputation among many people. We still have auctioneers that play games at their...
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Mike Brandly, Auctioneer
Feb 8, 20183 min read
Is that next bid a higher bid?
However, what if my $270 bidder was paying with a credit card costing the seller 3.5% and the $265 bidder is paying cash? $270 minus 3.5%...
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Mike Brandly, Auctioneer
Feb 1, 20182 min read
Bidding with a contingency … a higher bid?
We touched on another unfortunate bid calling technique (https://mikebrandlyauctioneer.wordpress.com/2018/01/29/i-have-it-but-i-dont-and-...
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Mike Brandly, Auctioneer
Jan 8, 20183 min read
Unfair, unreasonable, inequitable … what does it all mean?
Shortly thereafter our first blog, fellow blogger extraordinaire and good friend Aaron Traffas wrote about our undertaking: ...
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Mike Brandly, Auctioneer
Jan 2, 20182 min read
Who is the seller? We have that information …
A New York case in 2012 that shocked the auction industry was fortunately overturned recently. The subject involved the necessity to...
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