Mike Brandly, Auctioneer
Forced to be the high bidder
Most people probably know that someone can’t be “forced” to sign a contract binding their performance rendering it invalid (or at minimum...
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Mike Brandly, Auctioneer
May 4, 20234 min read
Buyer’s premiums can help sellers
You are an auctioneer and you don’t charge a buyer’s premium. Why not? I continue to hear that charging such is a disservice,...
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Mike Brandly, Auctioneer
Feb 25, 20212 min read
Auctions and the restraint of trade
Could an auctioneer (and/or seller) be guilty or liable for restraint of trade for restricting an auction to only certain — qualified —...
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Mike Brandly, Auctioneer
Feb 4, 20213 min read
Are “anonymous” buyers real buyers?
The so-called “hammer” falls at an auction, and the property (car, firearm, airplane, truck, tractor, artwork …) is sold to … who? ...
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Mike Brandly, Auctioneer
Feb 6, 20203 min read
Online auction where he can’t bid, they can’t bid and/or maybe nobody can bid …
So, auctioneers are no-doubt being advised to put in their terms that if the online bidding platform is not accessible, the auction can...
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Mike Brandly, Auctioneer
Jan 13, 20202 min read
Customary practice, industry standards and commercial reasonableness …
What is customary practice? What is the industry standard? What is considered commercially reasonable? Today we discuss these three...
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Mike Brandly, Auctioneer
Jan 1, 20203 min read
Auctions which are — or not — fair, balanced, reasonable
UCC 2-328 as adopted by states around the United States. Then too, there is general contract law and a select number of court cases which...
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Mike Brandly, Auctioneer
Oct 7, 20193 min read
Bids that can/can’t be placed at auction
Here’s who can and can’t bid for the two types of auctions (with reserve and without reserve:) Absolute (without reserve) auctions:...
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Mike Brandly, Auctioneer
Apr 11, 20192 min read
Bad auction bidder and we do what?
First of all — auctioneers are advised that in order to do that, you better have your client’s knowledge and consent — memorialized in...
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Mike Brandly, Auctioneer
Mar 20, 20193 min read
An auction that is both with AND without reserve?
First, let me clarify that this term “auction” here is just one lot, rather than the term “auction event” consisting of all the lots as...
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Mike Brandly, Auctioneer
Oct 22, 20183 min read
I’d rather buy from Amazon than at auction; is it any wonder?
Amazon.com (or countless other online retailers.) Let’s see, what’s involved in such a transaction? Click? Yep, pretty much. No...
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Mike Brandly, Auctioneer
Sep 25, 20182 min read
Asking/requiring a bidder to leave the auction
This question is almost the same question we answered in 2017 when we wrote about denying a bidder from participating in an auction event....
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Mike Brandly, Auctioneer
Sep 10, 20183 min read
UCC 2-328 allows reopen if other bidder is upset?
Quite frankly, bid calling isn’t terribly complicated in that auctioneers basically take (accept) bids from individual bidders until...
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Mike Brandly, Auctioneer
Mar 26, 20183 min read
Bidder vs buyer performance breach
Our discussion today regards what can — or should — auctioneers do in such instances. Is there anything they can do? If you’re not...
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Mike Brandly, Auctioneer
Aug 7, 20172 min read
Auctioneer associations — licensing & discipline
It is not unusual for an auctioneer association executive director, officer and/or director to receive a communication from a consumer...
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Mike Brandly, Auctioneer
May 22, 20172 min read
Bidders, last good faith bids and recourse
That analysis is here: https://mikebrandlyauctioneer.wordpress.com/2011/06/30/if-the-seller-bids/ As we have stated in countless...
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Mike Brandly, Auctioneer
Sep 27, 20162 min read
Terms and conditions only for seller’s protection?
Terms such as this often include that “buyer’s must register,” “everything is being sold ‘as-is,'” and “payment is due at a certain...
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Mike Brandly, Auctioneer
Aug 1, 20163 min read
An auction where 2=1?
In contrast, we work in an environment of “customary practice” more than anything else. What we do — how we operate — our procedures —...
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Mike Brandly, Auctioneer
Jul 28, 20165 min read
Terms which say there are “tie bids?”
Interesting that auctioneers (and attorneys advising auctioneers) are talking about putting terms addressing “tie bids” in their terms...
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Mike Brandly, Auctioneer
Mar 1, 20162 min read
How much will I get at auction?
It might be land, a tractor or a piece of jewelry. Sellers want to know before consigning such, or maybe are just curious. Auctioneers...
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