Mike Brandly, Auctioneer
A quick reference: when the auction buyer …
Auctioneers and their sellers occasionally encounter issues with buyers. Mostly these issues involve (personal property) possession...
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Mike Brandly, Auctioneer
Jul 16, 20212 min read
The NAA IAC Final Round Questions ’21
At the 2021 National Auctioneers Association (NAA) International Auctioneer Championship (IAC) held Friday, July 16 in Minneapolis,...
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Mike Brandly, Auctioneer
Jul 15, 20213 min read
Auctioneers celebrating diversity
I grew up in Preble County, Ohio less than one mile east of the (Indiana/Ohio) State Line Road. Growing up, I probably spent as much time...
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Mike Brandly, Auctioneer
Jul 12, 20213 min read
Consensus of value at auction
We’ve not only written about how auctions are collaborative in nature, but that auctioneers and sellers really only need the highest...
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Mike Brandly, Auctioneer
Jul 8, 20212 min read
The three big auction warranties
Steve Proffitt wrote in 2007 that there were at least three warranties made in auctions, as provided for in the [Uniform] commercial code....
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Mike Brandly, Auctioneer
Jul 5, 20213 min read
Can auctioneers disclaim what they tell you their sellers said …?
We previously wrote that auctioneers cannot disclaim express (expressed) warranties. That treatise involving the UCC § 2-316 is here: ...
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Mike Brandly, Auctioneer
Jul 2, 20213 min read
When to sell that “best item?”
We’ve written that you as an auctioneer should have an “order of sale” and of course, most auctioneers do. We’ve also written that once...
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Mike Brandly, Auctioneer
Jun 28, 20213 min read
Auctioneers: win or lose, you lose
It appears to some people that if I list a dozen lawsuit citations, all pointing out that courts around the United States say that...
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Mike Brandly, Auctioneer
Jun 26, 20213 min read
Can Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach be overridden?
We previously wrote about Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach, 844 S.E.2d 120 (W.Va. 2020) the Court held in...
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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
Jun 21, 20212 min read
Can an auctioneer disclaim an express warranty?
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling an...
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Mike Brandly, Auctioneer
Jun 10, 20214 min read
Court cases and one important lesson
… in 2015 the Superior Court of the State of California (Orange County) in a jury trial found that the auctioneer was permitted to treat...
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Mike Brandly, Auctioneer
Jun 3, 20215 min read
Unnecessary risk & really bad advice
Ever eat at a McDonald’s? I bet most auctioneers have at least once, if not more. I’ve eaten at one particular McDonald’s more lately as...
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Mike Brandly, Auctioneer
May 31, 20213 min read
United States v. Blair, 193 F.2d 557 (10th Cir. 1952) Revisited
We’ve written prior about United States v. Blair, 193 F.2d 557 (10th Cir. 1952) and United States v. Weisbrod, 202 F.2d 629 (7th Cir....
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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
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
May 20, 20213 min read
What is an “order of sale?”
Countless auctioneers announce (expressed) or post (expressed) or suggest (imply) some sort of “order of sale” at the start of any live,...
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Mike Brandly, Auctioneer
May 19, 20213 min read
Selling at (or about) a certain time
Many auctions have specific times set for certain property — the house/real property sells at 12:00 noon. The car sells at 1:00 pm. The...
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Mike Brandly, Auctioneer
May 18, 20213 min read
Changing the “order of sale?”
Your auction is set. As you have advertised on your website and posted at the auction, you will start in the front yard at 10:00 am and...
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