Mike Brandly, Auctioneer
Auctioneers: The expression of one …
In the case known as United States v. Barnes, 222 U.S. 513 (1912) (Supreme Court of the United States) the topic of expressio unius est...
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Mike Brandly, Auctioneer
Jul 4, 20224 min read
Seller wants to (should) sell absolute …
Our question today is: “Would an auctioneer accept a seller’s property for auction and sell it absolute if the seller requested such?” ...
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Mike Brandly, Auctioneer
May 19, 20222 min read
Auctioneers starting at the top
Almost like any other occupation, it’s difficult — if not impossible — to start “at the top.” Said another way, as an auctioneer, you...
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Mike Brandly, Auctioneer
May 18, 20222 min read
Do you have to auction … anything?
We have run an auction house since 1999. In that time, we’ve learned that there are some who attempt to treat these types of...
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Mike Brandly, Auctioneer
May 3, 20223 min read
Properly setting up … buy backs?
I know it happens, particularly in the online auction world, but the public (other bidders) detest the practice. You consign your...
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Mike Brandly, Auctioneer
Apr 22, 20223 min read
Variation by agreement, not uniform
We regularly write to [attempt to] help auctioneers stay out of court, rather than attempting to win in court, or worse yet, lose in...
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Mike Brandly, Auctioneer
Apr 11, 20222 min read
Buyer’s Premiums Basics
Buyer’s premiums have been used at auctions in the United States since 1977 — over 40 years. Yet, there remain many misunderstandings...
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Mike Brandly, Auctioneer
Feb 20, 20222 min read
Bidders and tortious interference
For years, when we (and everyone else) only held live auctions, there were often one or two somewhat infamous bidders who attempted — and...
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Mike Brandly, Auctioneer
Feb 7, 20223 min read
We’re selling on multiple platforms
The auction begins and there are bidders on Platform X, other bidders on Platform Y, and yet other bidders on Platform Z. In addition,...
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Mike Brandly, Auctioneer
Jan 22, 20222 min read
Auctioneers and secret profits
As I teach real estate law for Hondros College, we have discussed with students for many years — albeit briefly — “secret profits” … and...
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Mike Brandly, Auctioneer
Dec 24, 20213 min read
A curious story and UCC § 2-401(3)
Auctioneers call me all the time. I’m truly humbled many are inquiring how they can stay out of court, rather than spend a bunch of time...
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Mike Brandly, Auctioneer
Dec 17, 20213 min read
Good faith, fair dealing, and judicial review
Auctioneers would have much better chances of avoiding litigation (and the related) if they understood and applied “good faith” and “fair...
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Mike Brandly, Auctioneer
Dec 13, 20215 min read
Lyon, Leach, Lerch & “fair dealing”
We have held that bidders register with the auctioneer (and/or seller) to earn the right to participate in an auction. This registration...
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Mike Brandly, Auctioneer
Dec 3, 20212 min read
Auctions and the chances of Alpha and Beta, etc.
In 2010 we introduced our formulas for the chances of one item at auction attracting the “most interested bidder” (Alpha) and the “second...
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Mike Brandly, Auctioneer
Nov 25, 20212 min read
Auctions: Too slow? Too fast? Order? Sequence?
Some live auctioneers sell 3 items a minute. Some live auctioneers sell 2 items a minute. Some live auctioneers sell 1 item a minute. ...
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Mike Brandly, Auctioneer
Nov 11, 20213 min read
Auction disclosures in 1-pt type?
I recently testified in yet another auction case. The issue was basically a “title issue” which wasn’t adequately disclosed (in my...
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Mike Brandly, Auctioneer
Nov 8, 20212 min read
Should your entire online auction be up?
The question is, for a 1,000 lot online auction, should the auctioneer wait to allow bidding (or even put the auction up live) until all...
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Mike Brandly, Auctioneer
Oct 28, 20213 min read
Title, possession, and risks
Most agree that the Uniform Commercial Code (UCC) suggests that by default, once an auctioneer says, “Sold!” title transfers at that time...
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Mike Brandly, Auctioneer
Oct 25, 20212 min read
Steve Proffitt & Discretion
If one word is preached in auctioneer circles it’s “discretion.” For example, discretion to reopen the bid (or not,) or withdraw the...
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Mike Brandly, Auctioneer
Oct 14, 20213 min read
Seller bids to raise prices, not to retain title
The UCC § 2-328 has a prescribed solution to solve a seller bidding without disclosure. Basically, the high bidder (the buyer) may void...
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