Mike Brandly, Auctioneer
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 7, 20213 min read
Anomalist Auctioneers
I’ve only used the term once before on this platform. Generally, people use the word, “anomalist” for 2-3 different circumstances, but in...
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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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Mike Brandly, Auctioneer
May 17, 20213 min read
You don’t have an “order of sale?”
Your auction is set to start in about an hour (if you actually decide to start in about an hour?) and I’m an interested bidder. I’ve...
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Mike Brandly, Auctioneer
May 12, 20213 min read
Auctioneers reading the room
I have to admit … I left auction school and returned home thinking “I’m ready to be an auctioneer” but I wasn’t. I didn’t know how to...
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Mike Brandly, Auctioneer
May 10, 20213 min read
Online bidder retraction mechanics
We previously wrote that in an online auction, high bidders have the right (state law) to retract their bids prior to, “Sold!” We also...
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Mike Brandly, Auctioneer
May 5, 20213 min read
Should auctioneers be ethical?
We have held for decades that auctioneers should be ethical — without possibly expressing that exact wish on this platform. We have,...
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