Mike Brandly, Auctioneer
But if there was one that didn’t work …?
I talk about the merits of auction sellers committing to sell (instead of maybe selling or maybe not.) Some auctioneers disagree and...
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Mike Brandly, Auctioneer
Feb 182 min read
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
Feb 82 min read
Deposit to bid, or after bidding?
I want to bid at your auction. Do you require me to give you a deposit (money) to bid, or do you require me as the eventual high bidder...
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Mike Brandly, Auctioneer
Jan 33 min read
Disclaiming value and results
Should auctioneers guarantee their sellers any certain results from the auction of their property? Should sellers be persuaded to sell at...
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Mike Brandly, Auctioneer
Nov 29, 20232 min read
What is (and isn’t) a counterbid
Some auctioneers refer to seller bidding (in a with reserve or forced sale auction) as counterbidding (counter-bidding.) Despite bids...
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Mike Brandly, Auctioneer
Nov 19, 20232 min read
Precious space and time
Ever since the Internet became the place to advertise auctions, auctioneers have used it to advertise such including advertising...
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Mike Brandly, Auctioneer
Sep 26, 20232 min read
The “list” of what you don’t sell …
I see many auctioneers openly publishing lists of what they “don’t sell” or don’t even accept. I find this interesting in that, for...
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Mike Brandly, Auctioneer
Aug 31, 20232 min read
You are “binding” your bidder
Auctions involve bidders making offers, and auctioneers generally accept those offers if they are higher in amount than the prior bid. ...
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Mike Brandly, Auctioneer
Jul 19, 20233 min read
What if it’s not as you’ve expressed?
Rescinding a contract is essentially putting both parties back where they were before they were bound by a contract. In other words, in...
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Mike Brandly, Auctioneer
Jun 5, 20233 min read
In the case of a tied bid, there’s not?
I’m watching an online-only auction and see the note: “In the case of a tied bid, precedence is given to the earlier bid.” My first...
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Mike Brandly, Auctioneer
Jun 2, 20232 min read
Can the seller, client, or consignee dictate your commission?
Countless auctioneers work with sellers, clients, or consignees and many times the auctioneer dictates the commission or charge for their...
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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
Apr 10, 20232 min read
We don’t sell those so we … throw them away?
Auctioneers are typically agents for sellers. As such, the seller puts their property in the hands of the auctioneer and trusts the...
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Mike Brandly, Auctioneer
Apr 6, 20233 min read
More on auction contract assignability
We wrote that bid-calling contracts are assignable focusing on the bidder’s (or buyer’s) ability to assign their equity to another...
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Mike Brandly, Auctioneer
Mar 28, 20232 min read
Auction bid calling creates contracts
Yes, absolutely, live bid calling (and even online auctions) create contracts. One such contract is when the auctioneer (or software)...
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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 6, 20232 min read
Auctioneers … and for no reason at all?
We recently wrote about auctioneers reserving unilaterally to decline any bid and any bidder — apparently, even a registered bidder with...
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Mike Brandly, Auctioneer
Oct 31, 20223 min read
What’s the bidder’s consideration?
We see auctioneers somewhat routinely noting that bidders’ bids once placed (accepted) can’t be revoked nor withdrawn — in other words,...
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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 5, 20222 min read
Bound by terms I can’t comply with?
We have tried to help auctioneers understand that setting the terms and conditions for your auction, and then sticking to them, requiring...
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