Mike Brandly, Auctioneer
Auctioneers, tolerance, empathy and caring
There are many definitions of tolerance, empathy and caring. For auctioneers — and especially auctioneers in auctioneer associations —...
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Mike Brandly, Auctioneer
Jun 23, 20202 min read
Commercially reasonable & Inspection
We wrote about a week ago about a case litigated in Kansas and the citing of the basic tenets of commercially reasonable sales in such. ...
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Mike Brandly, Auctioneer
Jun 22, 20202 min read
Auction block removed
June 5, 2020, this 176-year-old 800-pound slave auction block was removed from a street corner in Fredericksburg, Virginia. I say its...
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Mike Brandly, Auctioneer
Jun 21, 20202 min read
Auctioneers and what’s reasonable
A host of laws and rules auctioneers are encouraged to follow use the word, “reasonable.” So, what does reasonable mean? I have joked...
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Mike Brandly, Auctioneer
Jun 20, 20202 min read
Selling “as-is” and “where-is”
More today on auctioneers selling “as-is” and “where-is” and not allowing bidders the opportunity to inspect prior. It would seem the...
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Mike Brandly, Auctioneer
Jun 19, 20202 min read
Bidder can’t reasonably inspect?
I’ve had this question dozens of times when I talk about pre-auction inspection opportunities. That question is generally, “What if the...
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Mike Brandly, Auctioneer
Jun 18, 20202 min read
Attorneys often don’t agree …
As I’ve pointed out in a few prior blogs, attorneys often don’t agree. One attorney states some auction-related law, rule, or the like...
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Mike Brandly, Auctioneer
Jun 17, 20202 min read
Westgate State Bank v. Clark, 642 P.2d 961 (Kan. 1982)
Forced sales, court-ordered auctions, and the like are often held to a “commercially reasonable” standard. It’s clear commercially...
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Mike Brandly, Auctioneer
Jun 16, 20202 min read
Can auctions be irritating?
Our question today is: Can auctions be irritating? I’ve held they can be, but when a fellow auctioneer tells me they are, and cause him...
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Mike Brandly, Auctioneer
Jun 15, 20203 min read
The Supreme Court of the United States & auctioneers
I’ve seen reference to the Supreme Court of the United States (the Court) and “common law” rulings, and that decisions by the Court are...
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Mike Brandly, Auctioneer
Jun 14, 20202 min read
Auctioneers and attorney opinions
The last number I could find (2018) noted there were 1,338,678 licensed practicing lawyers in the 50 states, Washington, D.C., and five...
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Mike Brandly, Auctioneer
Jun 13, 20203 min read
Auctioneers and case law
Auctioneers (along with the public) are regulated by law here in the United States. Where does that law come from? Generally, our...
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Mike Brandly, Auctioneer
Jun 12, 20202 min read
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 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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