Mike Brandly, Auctioneer
Auctioneers bid calling faster than bidders can bid … or not
It is no wonder that we as auctioneers have a bad reputation among many people. We still have auctioneers that play games at their...
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Mike Brandly, Auctioneer
Feb 5, 20184 min read
The fall … falling … fallen hammer?
UCC 2-328 extensively in classes around the United States, as well as in several articles contained within this blog. One such UCC 2-328...
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Mike Brandly, Auctioneer
Feb 3, 20182 min read
Won? Sold? Reopen? Exceptions?
After a bidder has won the bid with his (or her) high bid, he has become the new owner of the item, even though he may not have paid for...
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Mike Brandly, Auctioneer
Feb 1, 20182 min read
Bidding with a contingency … a higher bid?
We touched on another unfortunate bid calling technique (https://mikebrandlyauctioneer.wordpress.com/2018/01/29/i-have-it-but-i-dont-and-...
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Mike Brandly, Auctioneer
Jan 29, 20183 min read
I have it but I don’t … and then again, again, again …
https://mikebrandlyauctioneer.wordpress.com/2010/02/04/unethical-bid-calling-3-he-loves-me-he-loves-me-not/ Amplifying this attorney’s...
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Mike Brandly, Auctioneer
Jan 25, 20182 min read
Will millennials kill live auctions?
You can read the entire article here: https://www.washingtonpost.com/business/economy/will-millennials-kill-costco/2018/01/19/d0de5dec-f...
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Mike Brandly, Auctioneer
Jan 11, 20182 min read
At auction: Is it wanting or buying?
Marsha L. Richins of the University of Missouri wrote about our title in her paper, “When Wanting Is Better Than Having,” in the Journal...
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Mike Brandly, Auctioneer
Jan 4, 20182 min read
Facebook groups for posting auctions?
https://mikebrandlyauctioneer.wordpress.com/2011/02/08/internet-auction-calendars/. It’s now 2018 and about seven years later from this...
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Mike Brandly, Auctioneer
Jan 2, 20182 min read
Who is the seller? We have that information …
A New York case in 2012 that shocked the auction industry was fortunately overturned recently. The subject involved the necessity to...
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Mike Brandly, Auctioneer
Dec 28, 20173 min read
Auctions with lost, misplaced and/or abandoned property
Property is generally deemed to have been … Lost if it is found in a place where the true owner likely did not intend to set it down, and...
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Mike Brandly, Auctioneer
Dec 18, 20172 min read
Can your bidder’s offer (bid) be irrevocable?
https://mikebrandlyauctioneer.wordpress.com/2014/08/11/bid-calling-is-just-numbers/ A twist on this offer and acceptance is that some...
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Mike Brandly, Auctioneer
Dec 15, 20172 min read
Is buying anything celebrity-related at auction a good investment?
As an example, we sold a replica “General Lee” 1969 Dodge Charger at auction about 15 years ago. Let’s just say that buyer calls me...
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Mike Brandly, Auctioneer
Dec 11, 20172 min read
Selling absolute mandates you “reopen bids?”
However, does selling absolute mandate you reopen the bid if another bid comes in as the hammer is falling, after the hammer falls, after...
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Mike Brandly, Auctioneer
Dec 7, 20172 min read
Absolute and the high bidder isn’t the buyer?
If you don’t, your seller is open to a lawsuit by the high bidder seeking specific performance. In other words, the high bidder (even if...
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Mike Brandly, Auctioneer
Dec 4, 20173 min read
Auctioneer may establish reasonable bid increments?
We have been discussing “cut bids” (most notably here: https://mikebrandlyauctioneer.wordpress.com/2017/11/21/as-the-auctioneer-do-you-h...
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Mike Brandly, Auctioneer
Dec 1, 20172 min read
Can auctioneers ignore bids?
It’s important for auctioneers to understand that first — they are typically agents for the seller (unless they are the seller,) and not...
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Mike Brandly, Auctioneer
Nov 24, 20173 min read
Negotiating with a “cut” bidder
www.fasttalkingpodcast.com — about cut bids (https://mikebrandlyauctioneer.wordpress.com/2017/11/21/as-the-auctioneer-do-you-have-to-take...
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Mike Brandly, Auctioneer
Nov 21, 20172 min read
As the auctioneer, do you have to take a “cut” bid?
This cut bid in our example is an offer, and our question involves if the auctioneer/seller must accept it. The answer depends upon the...
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Mike Brandly, Auctioneer
Nov 16, 20173 min read
At auction, can we force sellers to sell? Buyers to buy?
Our subject today involves when there is a breach of contract (as an auctioneer has announced, “Sold!” — for instance) and then the...
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Mike Brandly, Auctioneer
Oct 6, 20172 min read
The UCC 2-328 Sentence #1 (of 9)
UCC § 2-328 (Sale by Auction) only has nine sentences, but they all are widely misunderstood. Here we take a look at sentence #1,...
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