Mike Brandly, Auctioneer
Auctioneers … would a space or two help?
I’m viewing an online auction on my phone (as most do) and I realize space is a premium. Yet, I see “High Bid:111.00 USD” and have to...
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Mike Brandly, Auctioneer
Apr 28, 20233 min read
You can charge a buyer’s premium …
Auctioneers who charge a buyer’s premium are being told they shouldn’t be charging a buyer’s premium. Maybe auctioneers who solely...
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Mike Brandly, Auctioneer
Feb 10, 20232 min read
Auction increment nonsense
We have conducted thousands of auctions, and taught auction bid calling techniques around the United States, and testified in several...
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Mike Brandly, Auctioneer
Jan 28, 20232 min read
Can (and do) auctioneers change the “size” of the “ask?”
The short answer is, “yes.” Relatedly, this has been going on for as long as auctions have been used to sell property in the...
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Mike Brandly, Auctioneer
Jan 8, 20233 min read
Social media and Proverbs 20:14
We sold lots of real and personal property at live auctions for decades, until our first online (simulcast) auction was held. In that...
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Mike Brandly, Auctioneer
Jan 3, 20232 min read
Auctioneer reserves the right to reject any bid?
More specifically, “Auctioneer reserves the right to reject any bid from any bidder?” We would ask, does “bidder” mean “registered...
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Mike Brandly, Auctioneer
Dec 7, 20223 min read
Who is the [auction] seller?
I was testifying in an auction case, and told the presiding judge that “Anyone can bid at an absolute auction except the seller unless...
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Mike Brandly, Auctioneer
Nov 4, 20222 min read
Regardless with a suggestion?
We’ve sold an immense amount of property at auction — absolute to the highest bidder. In other words, those sellers (clients) had the...
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Mike Brandly, Auctioneer
Oct 12, 20222 min read
Auction bidder banning policies
We have written many times about how auction registration policies need to be fixed prior to the auction event and then remain as such...
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Mike Brandly, Auctioneer
Sep 26, 20223 min read
Absolute auctions and “de minimus”
Absolute auctions, by definition, involve selling to the highest bidder. So, if an auctioneer has a current bid of $750,000.00 and a...
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Mike Brandly, Auctioneer
Sep 20, 20223 min read
Explicit bright lines and auction malpractice
In a recent case before the Supreme Court of Virginia, parties discussed when an auction is with reserve and when it is without reserve,...
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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
Mar 8, 20223 min read
Do your bidders feel good?
We run an auction house and know the names of upwards of 60% of our bidders who we see on a regular basis. Roger and his wife are...
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Mike Brandly, Auctioneer
Feb 20, 20222 min read
Bidders and tortious interference
For years, when we (and everyone else) only held live auctions, there were often one or two somewhat infamous bidders who attempted — and...
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Mike Brandly, Auctioneer
Jan 10, 20223 min read
Don’t be the next auction test case
My friend Mike Hanley, Auctioneer wrote an inciteful analysis regarding the Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v....
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Mike Brandly, Auctioneer
Jan 5, 20223 min read
Before it’s sold or after it’s sold?
At an auction held by David Weisz Company (Weisz) on October 25, 1978, a certain metal rolling machine “Plate Rolls?” was sold at...
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Mike Brandly, Auctioneer
Dec 24, 20213 min read
A curious story and UCC § 2-401(3)
Auctioneers call me all the time. I’m truly humbled many are inquiring how they can stay out of court, rather than spend a bunch of time...
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Mike Brandly, Auctioneer
Dec 17, 20213 min read
Good faith, fair dealing, and judicial review
Auctioneers would have much better chances of avoiding litigation (and the related) if they understood and applied “good faith” and “fair...
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Mike Brandly, Auctioneer
Dec 13, 20215 min read
Lyon, Leach, Lerch & “fair dealing”
We have held that bidders register with the auctioneer (and/or seller) to earn the right to participate in an auction. This registration...
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Mike Brandly, Auctioneer
Dec 5, 20213 min read
Bidders with all the same terms?
Of course, my phone rings … “Hey, I may need your help. I have a bidder who is telling me this other bidder …” As I listen, I know this...
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