Mike Brandly, Auctioneer
‘Reasonably advantageous’ auction terms
I stay at many hotels throughout the year (although I have never stayed at the Black Bear Hotel in Allentown, Pennsylvania.) In doing so,...
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Mike Brandly, Auctioneer
Jun 29, 20172 min read
Real estate agents … auctioneers … and real estate auctioneers.
“They say that [Zillow,] a company they empowered and trusted, is taking advantage of them.” Yep — auctioneers heard how many times...
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Mike Brandly, Auctioneer
Jun 26, 20172 min read
Christie’s manifestly unreasonable terms and conditions
Christie’s is one of the world’s oldest and best known auction houses. They opened in London, England in 1766 and in New York in 1977. ...
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Mike Brandly, Auctioneer
Jun 20, 20173 min read
Does the “buyer’s premium” show to the seller?
Following the auction, of course, the auctioneer would have to settle the auction with his seller. In doing so, that settlement...
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Mike Brandly, Auctioneer
Jun 5, 20173 min read
Simulcast auctions and the timing of bids
I answered with the obvious observation, that the software would show which bids were placed by a person and which bids were placed...
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Mike Brandly, Auctioneer
Apr 25, 20172 min read
Sued because of auction sale price
Here’s one such article from 2012 where the sellers actually sued the buyers for “buying too cheaply:” https://mikebrandlyauctioneer.wor...
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Mike Brandly, Auctioneer
Apr 10, 20172 min read
Can auctioneers trust any online platform?
And, so far almost every online platform (once with enough data and/or enough money on the table) has decided to do one of two things:...
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Mike Brandly, Auctioneer
Mar 20, 20172 min read
Auctioneers recording themselves
For that matter, people at auctions record video and take pictures frequently. They take pictures of the themselves, auctioneers, staff,...
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Mike Brandly, Auctioneer
Mar 15, 20173 min read
Every auction lawsuit: Perception vs. Reality
We’ve consulted in dozens of auction-related cases (litigation) since 2010. Additionally, it’s not unusual for my phone to ring...
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Mike Brandly, Auctioneer
Mar 13, 20173 min read
Should the online platform accept starting bids, max bids, fixed bids or what?
She sees one “offered” by an auctioneer in an online-only auction. She puts in her bid of $500. As Susan places her bid, she wonders …...
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Mike Brandly, Auctioneer
Mar 1, 20173 min read
Auctions that are manifestly unreasonable
Auctions have been taking place for over 2,000 years. Auctioneering is often referred to as the second-oldest profession. One could think...
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Mike Brandly, Auctioneer
Feb 24, 20175 min read
Writing auction contracts to educate people?
I was asked just today in a seminar I was teaching what I thought of this phrase … what I thought it meant for auctioneers. I have to...
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Mike Brandly, Auctioneer
Nov 23, 20162 min read
Some implications of the UCC 2-328
Otherwise, this same brief 254 words is referenced in courts around the United States every day; the implications of the UCC 2-328 are...
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Mike Brandly, Auctioneer
Oct 11, 20162 min read
Who can sign?
In more modern times, and certainly in most auctioneer-license states, auctioneers endeavor (or are required) to enter into a written...
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Mike Brandly, Auctioneer
Jul 4, 20162 min read
Auction scheduled and auctioneer dies …
Our study today involves this question: “Did the seller (client) hire that specific auctioneer, and would that principal be okay with...
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Mike Brandly, Auctioneer
May 5, 20162 min read
Auction bidder drunk, high, or otherwise impaired?
Auctioneers are presented with these situations, and usually have one or more of the three following questions: “Can I take his bid?” “If...
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Mike Brandly, Auctioneer
Mar 4, 20163 min read
Auction post cancellation?
Frank bequeathed (and technically devised) the lumberyard to her upon his death per his will. However, Connie desired to sell the...
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Mike Brandly, Auctioneer
Jun 22, 20153 min read
Gun buyer at auction is denied
Federal Firearms Licensee (FF.) The buyer fills out the ATF Form 4473 and subsequently is denied possession of the gun. Upon denial, the...
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Mike Brandly, Auctioneer
Mar 3, 20153 min read
Auctioneer dual agency
My belief is that auctioneers should be able to bid to enhance the seller’s position. If an auctioneer is selling a framed oil on canvas...
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Mike Brandly, Auctioneer
Feb 18, 20153 min read
The sliding scale versus the incremental scale
And sellers are right to ask what commission the auctioneer will charge for that service. Most of the time, a fixed percentage is...
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