Mike Brandly, Auctioneer
Should your entire online auction be up?
The question is, for a 1,000 lot online auction, should the auctioneer wait to allow bidding (or even put the auction up live) until all...
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Mike Brandly, Auctioneer
Nov 3, 20213 min read
A preposterous commission structure
We previously wrote about so-called “tiered” auctioneer commissions utilized to [properly] address uncertainty:...
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Mike Brandly, Auctioneer
Oct 28, 20213 min read
Title, possession, and risks
Most agree that the Uniform Commercial Code (UCC) suggests that by default, once an auctioneer says, “Sold!” title transfers at that time...
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Mike Brandly, Auctioneer
Oct 25, 20212 min read
Steve Proffitt & Discretion
If one word is preached in auctioneer circles it’s “discretion.” For example, discretion to reopen the bid (or not,) or withdraw the...
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Mike Brandly, Auctioneer
Oct 22, 20212 min read
Can you sell a police car at auction?
Can auctioneers sell [decommissioned] police cars/trucks? Fire trucks? Ambulances? Auctioneers do sell these types of vehicles and...
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Mike Brandly, Auctioneer
Oct 17, 20214 min read
Auctioneers and medical freedom
I’m all for freedom. I eat where I want to eat (The Top Steakhouse the other night with the love of my life, for example,) I pretty much...
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Mike Brandly, Auctioneer
Oct 14, 20213 min read
Seller bids to raise prices, not to retain title
The UCC § 2-328 has a prescribed solution to solve a seller bidding without disclosure. Basically, the high bidder (the buyer) may void...
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Mike Brandly, Auctioneer
Oct 13, 20213 min read
You don’t conduct absolute auctions?
Auctions are of two distinct types: “With (some sort of) reserve, or without (any such) reserve, also known as “absolute.” Sellers who...
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Mike Brandly, Auctioneer
Oct 11, 20214 min read
An auctioneer court-ruling guide …
This issue really isn’t that complex, yet some still don’t seem (and/or refuse) to understand. This “court case” said this, this “court...
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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
Oct 6, 20213 min read
Highest “bona fide” bidder?
It’s been said (even memorialized in some state law) that at an absolute (without reserve) auction, the seller has the bona fide...
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Mike Brandly, Auctioneer
Oct 4, 20213 min read
Auctioneers: This could happen to anyone
You type in the “address” bar the website you want, and it’s not there. You see that your online auction is no longer up. You cannot...
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Mike Brandly, Auctioneer
Oct 1, 20213 min read
Can a potential bidder sue for being denied?
Our question today involves if a potential bidder at your auction can sue you in response to you denying his right (privilege) to bid? ...
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Mike Brandly, Auctioneer
Sep 29, 20212 min read
Auctioneers & trade fixtures
Auctioneers sell many personal property items from commercial and residential improvements, where either the owner or tenant has...
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Mike Brandly, Auctioneer
Sep 27, 20213 min read
Auctioneers and “times the money?”
For centuries auctioneers have — with a number of similar (or nearly identical) items — sold them “all for one money” or “choice” and/or...
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Mike Brandly, Auctioneer
Sep 24, 20212 min read
Auction Expert Witness Reports
I find myself sitting in a conference room with 7 attorneys — all with the same firm. We’re discussing the subject case when one...
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Mike Brandly, Auctioneer
Sep 22, 20213 min read
Following the law or your own law?
Is it okay to drive 70 miles per hour in a 70 miles per hour zone? Generally, yes, unless circumstances dictate a slower speed — for...
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Mike Brandly, Auctioneer
Sep 20, 20214 min read
Auctioneers and when the circumstances indicate otherwise …
Disclaiming warranties of merchantability and fitness for a particular purpose can be tricky business. As we previously have held,...
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Mike Brandly, Auctioneer
Sep 15, 20213 min read
Auctioneers, freedom, and liberty
Increasingly, it appears [Coronavirus] vaccines and auctioneers don’t mix. “It’s my body …” or “It’s a hoax …” or “There’s a 99% chance...
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Mike Brandly, Auctioneer
Sep 13, 20213 min read
Conspicuous auction disclaimers
Technically, the UCC § 2-316 says that certain disclaimers must be conspicuous and other disclaimers possibly do not. However, laws such...
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