Mike Brandly, Auctioneer
“Sold!” to the previous bidder
Bill is the high bidder at $1,000 and the auctioneer is asking for a bid of $1,100. The auctioneer sees Aaron wave, and takes that as a...
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Mike Brandly, Auctioneer
Sep 2, 20133 min read
The 15 most misunderstood things about the UCC 2-328
I’ve taught classes involving the UCC 2-328 for nearly 15 years. In that time frame, I’ve talked to (and with) 1,000’s of auctioneers...
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Mike Brandly, Auctioneer
Aug 28, 20132 min read
Can an auctioneer reject an offer?
They market real and personal property and then coordinate the realization of the highest bid generally through a competitive manner....
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Mike Brandly, Auctioneer
Aug 21, 20132 min read
When, exactly, can the auctioneer take his commission?
The fee is a percentage of the gross proceeds. In this case, 20% will go to the auctioneer and 80% will go to the seller. The auction...
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Mike Brandly, Auctioneer
Aug 6, 20132 min read
Auction contract binding upon who?
I note a particular paragraph found in my contract as well as many (I suspect) other auction consignment contracts used by auctioneers...
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Mike Brandly, Auctioneer
Apr 27, 20133 min read
Auctioneer can’t sell items prior to auction?
Sometimes, people stop by Manny’s auction the day before — or the afternoon of — and see an item or two they want to buy “right now.”...
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Mike Brandly, Auctioneer
Oct 1, 20123 min read
Auction contract with binding (or nonbinding) arbitration
As well, we’ve written about the types of contracts auctioneers enter into, or are materially involved in supervising. Two such articles...
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Mike Brandly, Auctioneer
Sep 9, 20123 min read
Auctioneer says you can withdraw with penalty?
Claire decided after consigning some firearms, she wished to withdraw some of them, and place reserves on some otherwise selling without...
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Mike Brandly, Auctioneer
Sep 3, 20123 min read
Seller withdrawal or auctioneer withdrawal?
The auctioneer she chose was a Federal Firearms Licensee (FFL) with an auction facility near Louisville, Kentucky. With the auction day...
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Mike Brandly, Auctioneer
Aug 20, 20123 min read
The 29 things that should be in an auctioneer’s contract with a seller
Every time, no exceptions. This contract (and the particulars of such) may be mandated by state law. Every auctioneer is advised to seek...
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Mike Brandly, Auctioneer
Aug 19, 20125 min read
Hiring an auctioneer?
Bob owns a car auction and needs an auctioneer for his new Friday night run. Carla’s father died and she needs an auctioneer to sell his...
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Mike Brandly, Auctioneer
Aug 5, 20124 min read
Obligate backup bidder until high bidder signs?
For the most part, Harry’s real estate auctions have led to successful closings — with generally happy buyers and happy sellers. However,...
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Mike Brandly, Auctioneer
May 29, 20122 min read
Must the seller be at the auction?
We recently wrote about the advantages and disadvantages of the seller being present for the auction: http://mikebrandlyauctioneer.wordpr...
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Mike Brandly, Auctioneer
May 4, 20123 min read
Orderly conduct of the auction process?
Auctioneers use this phrase “as-is, where-is” to denote, generally, two conditions of the sale: As-is: The buyers are accepting the...
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Mike Brandly, Auctioneer
Jan 7, 20123 min read
Selling yourself, then their property …
He is to meet with Mary and Richard Gaines about selling Mary’s late mother’s real and personal property at auction. Upon arriving, Jim...
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Mike Brandly, Auctioneer
Jan 6, 20122 min read
When & Where: The UCC 2-328 applied to real estate
However we’ll use “real estate” here as this is typically how this question is posed. The UCC 2-328 was finally firmed as to language...
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Mike Brandly, Auctioneer
Nov 25, 20114 min read
Customary closing is … the price?
We write here about our analysis of this somewhat unusual type of auctioneer closing. The UCC 2-328 as adopted by 49 of the 50 states in...
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Mike Brandly, Auctioneer
Jul 19, 20113 min read
Sold! Subject to seller’s approval?
Bob replied, “Well, I’m unclear. The auctioneer said, “Sold!” but I then heard the seller had 48 hours to accept or reject the offer.”...
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Mike Brandly, Auctioneer
Jul 8, 20113 min read
Ringman & Bids
Typically someone will mention that, “My ringman had a bid,” or “My ringman was on,” in regard to where the bid was and who was in or...
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Mike Brandly, Auctioneer
Jul 6, 20113 min read
Never reopen the bidding?
His rule is, “I never reopen the bidding.” In over 35 years of auctioneering, he’s not reopened a bid — not once. All of Sammy’s clients...
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