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Mike Brandly, Auctioneer
Dec 3, 20212 min read
Auctions and the chances of Alpha and Beta, etc.
In 2010 we introduced our formulas for the chances of one item at auction attracting the “most interested bidder” (Alpha) and the “second...
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Mike Brandly, Auctioneer
Nov 30, 20212 min read
“Selling to the highest bidder?”
Do you advertise that you’re “Selling to the highest bidder?” If so, then you should indeed be, “Selling to the highest bidder.” Yet,...
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Mike Brandly, Auctioneer
Nov 29, 20213 min read
Where’s the [auction] link?
Auctioneers regularly share their auctions on social media platforms. This benefits their clients by exposing the auction to more people....
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Mike Brandly, Auctioneer
Nov 25, 20212 min read
Auctions: Too slow? Too fast? Order? Sequence?
Some live auctioneers sell 3 items a minute. Some live auctioneers sell 2 items a minute. Some live auctioneers sell 1 item a minute. ...
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Mike Brandly, Auctioneer
Nov 11, 20213 min read
Auction disclosures in 1-pt type?
I recently testified in yet another auction case. The issue was basically a “title issue” which wasn’t adequately disclosed (in my...
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Mike Brandly, Auctioneer
Nov 8, 20212 min read
Should your entire online auction be up?
The question is, for a 1,000 lot online auction, should the auctioneer wait to allow bidding (or even put the auction up live) until all...
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Mike Brandly, Auctioneer
Oct 14, 20213 min read
Seller bids to raise prices, not to retain title
The UCC § 2-328 has a prescribed solution to solve a seller bidding without disclosure. Basically, the high bidder (the buyer) may void...
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Mike Brandly, Auctioneer
Oct 13, 20213 min read
You don’t conduct absolute auctions?
Auctions are of two distinct types: “With (some sort of) reserve, or without (any such) reserve, also known as “absolute.” Sellers who...
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Mike Brandly, Auctioneer
Sep 15, 20213 min read
Auctioneers, freedom, and liberty
Increasingly, it appears [Coronavirus] vaccines and auctioneers don’t mix. “It’s my body …” or “It’s a hoax …” or “There’s a 99% chance...
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Mike Brandly, Auctioneer
Sep 13, 20213 min read
Conspicuous auction disclaimers
Technically, the UCC § 2-316 says that certain disclaimers must be conspicuous and other disclaimers possibly do not. However, laws such...
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Mike Brandly, Auctioneer
Sep 8, 20214 min read
“AS IS” and who’s the buyer?
We frequently talk about auction-related contracts and more so recently on waving expressed and implied warranties. Of course, we’ve...
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Mike Brandly, Auctioneer
Aug 30, 20215 min read
Bidder know? Hear? Understand?
Case law for auctioneers is important. Since 2010 we’ve taught such classes across the United States and auctioneers tell me it’s some...
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Mike Brandly, Auctioneer
Aug 26, 20213 min read
Bidders — buyers — “ghosting” auctioneers
Do bidders who bid and win at auction … and then cease any further communication with the auctioneer/seller deserve our further attention?...
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Mike Brandly, Auctioneer
Aug 20, 20213 min read
Create your own marketplace?
I’m hearing it every day — pretty much all day — from auctioneers all over the country, and certainly from online platforms which do not...
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Mike Brandly, Auctioneer
Aug 17, 20213 min read
Auction bidders and “inquiry notice”
“Bidders at an auction ought to know that there are rules — terms and conditions — for the auction and should inquire about those rules...
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Mike Brandly, Auctioneer
Aug 9, 20212 min read
Sell absolute and end up in court?
I hear this on a somewhat regular basis … “Don’t hold absolute auctions so you can stay out of court.” I’m certainly aware some of the...
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Mike Brandly, Auctioneer
Aug 7, 20212 min read
Disclosing stigmatizations?
Many who sell real property at auction are required to disclose all known (should have known) material (latent) facts about property...
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Mike Brandly, Auctioneer
Aug 4, 20213 min read
Is that really the seller bidding?
Almost every week we receive a call, asking essentially “Can the seller bid disguised as another genuine bidder?” State law does allow...
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Mike Brandly, Auctioneer
Aug 2, 20213 min read
Can an online auction platform be too easy to use?
There may not be an auctioneer who has not said, “Why can’t the online platform be easier to use?” or similar words expressing...
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Mike Brandly, Auctioneer
Jul 27, 20213 min read
Which is better for the seller? Absolute? With reserve?
There are dozens of academic research papers (and maybe not many more) concerning with reserve auctions versus without reserve (absolute)...
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