Mike Brandly, Auctioneer
Can auctioneers sell “recalled” items?
The Federal Consumer Product Safety Improvement Act of 2008 (CPSIA) dictates among other restrictions that items recalled by the U.S....
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Mike Brandly, Auctioneer
Aug 24, 20153 min read
Two bidders, two different lots
Over 15 antique John Deere tractors plus other John Deere equipment and tools sat outside ready for tomorrow’s auction. Vern went to bed...
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Mike Brandly, Auctioneer
Jul 27, 20152 min read
Auctions and equitable servitude
Albert is coincidentally 85 years old and has always told himself that when he reached that age he would sell his property to the county...
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Mike Brandly, Auctioneer
Jun 1, 20152 min read
With reserve with a reserve
As I’ve noted over the years, there are only two types of auctions — with reserve and without reserve. We discussed in more detail here:...
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Mike Brandly, Auctioneer
May 27, 20153 min read
How long is a bid a bid?
For example, an auctioneer saying, “Somebody start me out at $500,000 …” is a suggestion — an invitation to offer $500,000. If a bidder...
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Mike Brandly, Auctioneer
May 15, 20153 min read
Auctioneers and bulk sale laws
In the case of a business closing or the like, the auction itself may be subject to the “bulk sale” laws in the United States. Bulk sale...
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Mike Brandly, Auctioneer
May 1, 20153 min read
As-is and fairness
Many cars selling at auction sell, “as-is” and “where-is” and essentially include terms that the bidders are to not rely on any...
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Mike Brandly, Auctioneer
Apr 29, 20153 min read
Can an auctioneer say, “Sold!” and not mean it?
This typically involves promises between buyer and seller to provide the subject property to the high bidder and making the related...
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Mike Brandly, Auctioneer
Nov 11, 20143 min read
We’re selling some absolute … but we haven’t decided (or disclosed) yet?
Russ asked, essentially, if an auction could start without the auctioneer making it clear if that particular lot (property) is selling...
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Mike Brandly, Auctioneer
Nov 10, 20142 min read
Auctioneer’s absolute right of withdrawal
Our previous article noted that Bib could offer property absolute, and if no bid was made within a reasonable time, Bib could withdraw...
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Mike Brandly, Auctioneer
Sep 23, 20143 min read
Are you offering or inviting offers?
Photograph courtesy of Art & Visual Materials, Special Collections Department, Harvard Law School Library In the United States, an...
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Mike Brandly, Auctioneer
Aug 11, 20143 min read
Bid calling is just numbers?
Actually, numbers, “Just rolling through the air?” was what I heard proposed. Auctioneers have bid called for 1,000’s of years. In the...
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Mike Brandly, Auctioneer
Jul 3, 20142 min read
The auctioneer-hiring-another-auctioneer contract
In situations such as this, it is customary for the primary auctioneer to maintain his (or her) relationship with the client(s). Then,...
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Mike Brandly, Auctioneer
Jun 25, 20144 min read
As-is with the emphasis on “is”
The “as-is” standard is so widely used in the United States that even the Supreme Court of the United States has discussed the issue at...
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Mike Brandly, Auctioneer
Jun 12, 20142 min read
Auctioneer clause concerns
Auctioneers typically enter into contracts with their sellers (clients.) These contracts often note the date and location of auction,...
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Mike Brandly, Auctioneer
Jun 9, 20142 min read
Contract terms counter to law
For example in a contract to sell or an agreement to abide by certain terms and conditions, that document counters established law. Two...
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Mike Brandly, Auctioneer
Mar 13, 20143 min read
Can the high bidder bid against himself?
Fortunate for David, an auction in New York notes a complete liquidation of a longtime Boston Red Sox collector taking place Saturday. ...
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Mike Brandly, Auctioneer
Mar 10, 20143 min read
Auction, negotiate, auction, negotiate …
You might have guessed one is auction and the other is private negotiation. And today, we’re looking at the combination of these two...
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Mike Brandly, Auctioneer
Feb 2, 20144 min read
When is an auctioneer legally calling for bids?
A particular 11 words are of interest today:In an auction without reserve, after the auctioneer calls for bids on an article or lot, that...
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Mike Brandly, Auctioneer
Jan 3, 20143 min read
The 9 important traits of a contract bid caller
I had already given this some thought, and dug around in my file cabinet to find where I had written the word: Practical. The word...
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