Mike Brandly, Auctioneer
Contract … and then they remove?
There may not be a personal property auctioneer focused on estates, guardianships, and downsizing type auctions that hasn’t signed a...
top of page
Search
Mike Brandly, Auctioneer
Sep 29, 20212 min read
Auctioneers & trade fixtures
Auctioneers sell many personal property items from commercial and residential improvements, where either the owner or tenant has...
0 views0 comments
Mike Brandly, Auctioneer
Sep 8, 20214 min read
“AS IS” and who’s the buyer?
We frequently talk about auction-related contracts and more so recently on waving expressed and implied warranties. Of course, we’ve...
0 views0 comments
Mike Brandly, Auctioneer
Sep 1, 20212 min read
No sale and that “second auction”
We’ve seen it more than once. Property sells for millions of dollars at auction, and the buyer (the high bidder) breaches the contract...
0 views0 comments
Mike Brandly, Auctioneer
Aug 30, 20215 min read
Bidder know? Hear? Understand?
Case law for auctioneers is important. Since 2010 we’ve taught such classes across the United States and auctioneers tell me it’s some...
0 views0 comments
Mike Brandly, Auctioneer
Aug 20, 20213 min read
Create your own marketplace?
I’m hearing it every day — pretty much all day — from auctioneers all over the country, and certainly from online platforms which do not...
0 views0 comments
Mike Brandly, Auctioneer
Aug 17, 20213 min read
Auction bidders and “inquiry notice”
“Bidders at an auction ought to know that there are rules — terms and conditions — for the auction and should inquire about those rules...
0 views0 comments
Mike Brandly, Auctioneer
Aug 9, 20212 min read
Sell absolute and end up in court?
I hear this on a somewhat regular basis … “Don’t hold absolute auctions so you can stay out of court.” I’m certainly aware some of the...
0 views0 comments
Mike Brandly, Auctioneer
Aug 7, 20212 min read
Disclosing stigmatizations?
Many who sell real property at auction are required to disclose all known (should have known) material (latent) facts about property...
0 views0 comments
Mike Brandly, Auctioneer
Jul 29, 20212 min read
Auctioneers, the law says … and
Treat sellers, bidders, and buyers with good behavior? Endeavor to be fair and reasonable? Are these good thoughts to have when...
0 views0 comments
Mike Brandly, Auctioneer
Jul 23, 20213 min read
National Auctioneers Association makes data ownership statement
The National Auctioneers Association (NAA) recently surveyed their membership and found that 70.4% of members use a third-party vendor to...
1 view0 comments
Mike Brandly, Auctioneer
Jul 20, 20212 min read
A quick reference: when the auction buyer …
Auctioneers and their sellers occasionally encounter issues with buyers. Mostly these issues involve (personal property) possession...
0 views0 comments
Mike Brandly, Auctioneer
Jul 12, 20213 min read
Consensus of value at auction
We’ve not only written about how auctions are collaborative in nature, but that auctioneers and sellers really only need the highest...
0 views0 comments
Mike Brandly, Auctioneer
Jun 26, 20213 min read
Can Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach be overridden?
We previously wrote about Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach, 844 S.E.2d 120 (W.Va. 2020) the Court held in...
0 views0 comments
Mike Brandly, Auctioneer
Jun 24, 20213 min read
A common law adhesion standard
I wonder if these six points below sound familiar to any auctioneer in regard to their buyer registration terms and conditions (a.k.a....
0 views0 comments
Mike Brandly, Auctioneer
Jun 21, 20212 min read
Can an auctioneer disclaim an express warranty?
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling an...
0 views0 comments
Mike Brandly, Auctioneer
May 27, 20213 min read
Bidders agreeing or contracting?
We’ve held here on this platform and otherwise that an “agreement” and a “contract” are essentially the same things — one sounding a bit...
0 views0 comments
Mike Brandly, Auctioneer
May 3, 20213 min read
Commissions, fees, and uncertainty
Auctioneers take on a number of diverse projects — maybe contract bid calling one day, cleaning and readying farm equipment the next day,...
0 views0 comments
Mike Brandly, Auctioneer
Apr 18, 20213 min read
On any given Sunday …
As one who teaches classes to auctioneers all over the United States, one thing stands out: Many auctioneers are looking for the “one...
0 views0 comments
Mike Brandly, Auctioneer
Mar 19, 20213 min read
One lot, multiple owners, at auction
We had been in the auction business only a few months when we received a telephone call from Larry who said he owned an antique store and...
0 views0 comments
bottom of page