Mike Brandly, Auctioneer
May attempt to describe?
We’ve noted that auctioneers cannot disclaim expressed warranties, and shouldn’t disclaim implied warranties, but many mistakenly...
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Mike Brandly, Auctioneer
Jul 12, 20223 min read
No liability for accuracy, errors, or omissions?
Let’s see … an auctioneer is selling some real property at auction. He advertises that this subject property is about 5 acres (+/-) with...
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Mike Brandly, Auctioneer
Jul 8, 20223 min read
Is a with reserve auction better for the seller?
Auctioneers often ask if there is any “proof” absolute auctions produce the highest prices for sellers. While there isn’t a consensus of...
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Mike Brandly, Auctioneer
Jul 6, 20222 min read
What is “scheduled maintenance?”
We ask a somewhat rhetorical question this morning … what is “scheduled maintenance?” Of course, it’s two things: “Scheduled” and...
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Mike Brandly, Auctioneer
Jul 4, 20224 min read
Seller wants to (should) sell absolute …
Our question today is: “Would an auctioneer accept a seller’s property for auction and sell it absolute if the seller requested such?” ...
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Mike Brandly, Auctioneer
Jul 1, 20222 min read
Right of Refusal vs. Reserve Bids
I have noted that Daniel P. West has linked to my blog once if not more times and I appreciate that, and I have linked to his blog in...
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Mike Brandly, Auctioneer
Jun 29, 20222 min read
What if the buyer says he never received?
With more and more shipping of auction purchases, auctioneers occasionally discover that buyers will report they never received their...
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Mike Brandly, Auctioneer
Jun 27, 20222 min read
Your seller “seeing the market?”
Many auctioneers have told me that their favorite type of “with reserve” auction is a seller-confirmation auction — a right to accept or...
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Mike Brandly, Auctioneer
Jun 24, 20223 min read
Auctions, equal footing, binding alike …
Do we as auctioneers have to treat all bidders to the same terms and conditions — in other words, equal footing — and are those terms and...
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Mike Brandly, Auctioneer
Jun 22, 20223 min read
Auctioneers … does shipping matter?
As more auctioneers are selling online, and consumer expectations now include shipping even in many live auction events, auctioneers must...
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Mike Brandly, Auctioneer
Jun 15, 20222 min read
Are Auctioneers Third-Party Settlement Organizations?
With recent changes to 26 U.S. Code § 6050W lowering the threshold for transaction reporting requirements from $20,000 to $600 for...
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Mike Brandly, Auctioneer
Jun 13, 20223 min read
How to win an online auction
It’s supposed to be easy … and most of the time it is. However, things happen: The Internet goes down, the online platform goes down,...
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Mike Brandly, Auctioneer
Jun 11, 20222 min read
At an auction, it “appears” to be …
I’ve said it, primarily because I had heard other auctioneers say it when I attended auctions as an adolescent. For this writing, we’re...
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Mike Brandly, Auctioneer
Jun 8, 20222 min read
Auctioneers claiming “sole discretion”
Auctioneers like having a lot of discretion. Steve Proffitt held auctioneers should have little or no discretion and I tend to agree: ...
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Mike Brandly, Auctioneer
Jun 5, 20222 min read
Auctioneers should and shouldn’t
If I have used a guiding principle in my business as well as writings on this platform, I would say it comes down to two such thoughts:...
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Mike Brandly, Auctioneer
Jun 2, 20223 min read
Settling an auction the day of auction?
One of the first auctions I worked in Columbus, Ohio was a personal property auction conducted by Jack B. Smith, Auctioneer. It was a...
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Mike Brandly, Auctioneer
May 31, 20223 min read
Is it what the auctioneer said it is?
We have written lately and otherwise about auctioneers saying something is “something” and then disclaiming that this same property is...
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Mike Brandly, Auctioneer
May 28, 20222 min read
Irreconcilable E&O Disclaimers
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling a Vincent...
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Mike Brandly, Auctioneer
May 25, 20223 min read
Auctioneer escrow accounts
We would suggest every auctioneer has an escrow account (sometimes called a special account or trust account) for other people’s money —...
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Mike Brandly, Auctioneer
May 23, 20222 min read
New York City auction licensing
The New York Times published an article on May 3, 2022, titled “New York City Eliminates the Rules That Govern Art and Other Auctions.“ ...
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