Mike Brandly, Auctioneer
Auctioneers: Less risk? Who decides?
There’s no question that there is increasing risk being an auctioneer and it is an out-and-out fallacy that all this risk is largely...
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Mike Brandly, Auctioneer
Dec 26, 20214 min read
Auctioneer has the right to do whatever?
I read it, and then I read it again and yes, the claim is “Auctioneer has the right to do whatever the [heck] she or he wants to. ...
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Mike Brandly, Auctioneer
Oct 8, 20213 min read
Contract … and then they remove?
There may not be a personal property auctioneer focused on estates, guardianships, and downsizing type auctions that hasn’t signed a...
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Mike Brandly, Auctioneer
Jul 29, 20212 min read
Auctioneers, the law says … and
Treat sellers, bidders, and buyers with good behavior? Endeavor to be fair and reasonable? Are these good thoughts to have when...
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Mike Brandly, Auctioneer
May 21, 20213 min read
Every auctioneer in court hears …
After sitting in courtrooms around the country, helping attorneys and their clients in auction litigation cases, I have to say that...
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Mike Brandly, Auctioneer
Jan 22, 20213 min read
An obligation to disclose?
Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure,...
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Mike Brandly, Auctioneer
Jan 8, 20213 min read
Auctioneers and judicial review
Auctioneers, albeit infrequently, find themselves in court. The issues could constitute a myriad of things including licensing laws...
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Mike Brandly, Auctioneer
Dec 7, 20202 min read
Absolute with a minimum opening
We have written numerous times about without reserve (absolute) auctions coupled with minimum opening bids or minimum bid increments. ...
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Mike Brandly, Auctioneer
Sep 28, 20203 min read
Escalation clauses and auctions
In so-called “hot” real estate markets (seller markets,) often sellers are presented with multiple offers soon after listing. In such...
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Mike Brandly, Auctioneer
Jul 27, 20202 min read
Auction previews and “as-is?”
An attorney suggested to me in a court case in which I was hired as an expert witness … that auction previews were subject to the “as-is”...
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Mike Brandly, Auctioneer
Jul 13, 20202 min read
Expert witness standards
Many people every day of the week testify in courts and otherwise as expert witnesses. I’ve testified dozens of times as such and today...
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Mike Brandly, Auctioneer
Jun 30, 20202 min read
How different attorneys can (and shouldn’t) help auctioneers
As one who’s worked with attorneys all over the United States as an expert witness, I’ve personally experienced these various roles and...
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Mike Brandly, Auctioneer
Jun 25, 20202 min read
Auctioneers: Stay in your lane
Auctioneers should be auctioneers. Dentists should be dentists. Doctors should be doctors. Attorneys should be attorneys. In other...
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Mike Brandly, Auctioneer
Jun 18, 20202 min read
Attorneys often don’t agree …
As I’ve pointed out in a few prior blogs, attorneys often don’t agree. One attorney states some auction-related law, rule, or the like...
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Mike Brandly, Auctioneer
Jun 14, 20202 min read
Auctioneers and attorney opinions
The last number I could find (2018) noted there were 1,338,678 licensed practicing lawyers in the 50 states, Washington, D.C., and five...
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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
Jun 1, 20202 min read
Auctioneers “Can too …” defenses
Here’s what we’re seeing — and hearing as auctioneers: “You may have been told that you can’t do … something … and actually you can.” ...
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Mike Brandly, Auctioneer
May 29, 20202 min read
Auctioneers, claims and insurance
Of course, what do some insurance companies do when a claim is filed? Deny coverage, attempt to limit their liability, and possibly...
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Mike Brandly, Auctioneer
May 24, 20202 min read
Some people just don’t know that they don’t know
The Dunning-Kruger Effect is relatedly known as more-or-less one “not knowing that one doesn’t know.” In other words, can intelligence...
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Mike Brandly, Auctioneer
May 23, 20202 min read
What causes [auctioneer] bad behavior?
As we get phone calls and emails from attorneys all over the United States, asking if we can be of assistance in litigation, sometimes,...
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