Mike Brandly, Auctioneer
Magical auctioneer disclaimers
Yes, I used the term “magical disclaimers” where I suggested live auctioneers aren’t likely secure from potential (or actual) liability...
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Mike Brandly, Auctioneer
Jun 11, 20202 min read
Only some Constitutional rights?
I try to never venture outside of auction-related topics on this blog. I decided this subject was important, and did indeed apply to...
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Mike Brandly, Auctioneer
Jun 10, 20202 min read
Auctions, non-refundable deposits
A bidder registers for an auction, with a required $5,000 deposit. He is deemed the high bidder and that $5,000 is deposited in the...
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Mike Brandly, Auctioneer
Jun 9, 20202 min read
Auctioneer immunity?
Is there such a thing as “auctioneer immunity?” I can’t find a reference to any federal or state law, but maybe I missed it? In other...
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Mike Brandly, Auctioneer
Jun 8, 20202 min read
Weren’t we all supposed to be doing online auctions?
I’ve heard it for nearly 20 years … “You’re doing live auctions? You need to move to online-only — lots more bidders, higher prices,...
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Mike Brandly, Auctioneer
Jun 7, 20202 min read
Online-only and absolutely essential
Sandy Schwartz, head of Cox Automotive, Manheim’s owner, recently said — in part — Essential to online-auction success are “absolutely...
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Mike Brandly, Auctioneer
Jun 6, 20202 min read
You’ve got to be kidding me?
I wasn’t sure what I was reading. Surely I misunderstood? We’re making buying at auction easier, aren’t we? Or are we making it more...
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Mike Brandly, Auctioneer
Jun 5, 20202 min read
Auctioneers individual rights vs any one else’s
In other words, you can do whatever you want, and I can do whatever I want? In fact, most auctioneers would likely agree that: Safety is...
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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 3, 20203 min read
So is it time to reopen?
Auctioneers all over the United States have had their businesses affected by the Coronavirus (COVID-19) — some live auctions have been...
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Mike Brandly, Auctioneer
Jun 2, 20202 min read
… and you’re not doing it online for what reason?
I’ll continue to ask this when I hear anything like, “I don’t know how we’re going to keep bidders 6′ apart, and insist they all …” If...
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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 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
May 30, 20202 min read
Title transfers on, “Sold!?”
We ask this question in light of some buyers (denoted as such) not paying, saying they didn’t bid, wanting to renegotiate the terms or...
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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 28, 20202 min read
The fallacy of tort claims and all these disclaimers
You’re being lied to. There’s not really any need for “serious tort reform” nor are there “all these tort lawsuits …” While some states...
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Mike Brandly, Auctioneer
May 27, 20202 min read
Auctioneers: What does this sign say?
No Skateboarding, Rollerskating or Rollerblading and there’s a possible fine if you do. You can Skateboard, Rollerskate or Rollerblade...
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Mike Brandly, Auctioneer
May 26, 20203 min read
As-is with inspection or return policy if not
First, let’s define some terms here: Express warranties are statements of fact and/or promises that the property will conform to the...
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Mike Brandly, Auctioneer
May 25, 20202 min read
Start the auction or commence private treaty?
So let’s say an absolute auction (of one property) is scheduled and only one bidder shows up; does the auctioneer open the auction? ...
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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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