Mike Brandly, Auctioneer
Hollow illusions at auction
There is very little that gets the attention of an auction buyer more than being awarded the property (the “bid”) and then suddenly (or...
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Mike Brandly, Auctioneer
Aug 31, 20203 min read
Contractual (tortious) interference
There are probably not too many college football fans who don’t remember the 2003 double-overtime Fiesta Bowl — OSU 31, Miami 24 for the...
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Mike Brandly, Auctioneer
Jul 28, 20202 min read
Sending out to an expert?
Hailey is an auctioneer in Vermont who sells primarily sports memorabilia. Her auctions include basketball, football, baseball, hockey,...
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Mike Brandly, Auctioneer
Jul 4, 20202 min read
Auctioneer purchased my items — do I still pay commission?
A recent caller asked me, “If the auctioneer purchased my items, do I still pay commission?” My answer was, “Yes, you do, so long as the...
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Mike Brandly, Auctioneer
Jun 4, 20202 min read
Legal advice without the “the rest of the story …”
Auctioneers are certainly advised to secure an attorney for any legal advice. Yet, the advice that any certain action/plan is permitted...
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Mike Brandly, Auctioneer
May 30, 20202 min read
Title transfers on, “Sold!?”
We ask this question in light of some buyers (denoted as such) not paying, saying they didn’t bid, wanting to renegotiate the terms or...
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Mike Brandly, Auctioneer
May 20, 20202 min read
An auction net listing
While most all net listings are deemed illegal in real property transactions, are net listings legal when the subject property is...
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Mike Brandly, Auctioneer
May 8, 20202 min read
Contract provisions — the foreseen vs the unforeseen
In other words, such clauses could address unexpected circumstances. These would be things generally not thought of at the time the...
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Mike Brandly, Auctioneer
Apr 8, 20202 min read
Sharing auctioneer contracts …
As well, we wrote that these contracts have three (3) essential ingredients: https://mikebrandlyauctioneer.wordpress.com/2009/12/01/the-...
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Mike Brandly, Auctioneer
Apr 1, 20202 min read
The Kentucky “Tie Bid” mess
If it becomes immediately apparent at the close of the bidding that the auctioneer and a bid assistant or ringman have acknowledged the...
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Mike Brandly, Auctioneer
Mar 27, 20202 min read
Auctioneers & force majeure clauses
What is “force majeure?” French and Latin languages suggest the origin of the word means “superior force.” Other meanings include “chance...
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Mike Brandly, Auctioneer
Mar 17, 20203 min read
Does auction law have to catch up with technology?
Contract law has been around since the middle ages — meaning that contracts start with an offer and form with acceptance and in today’s...
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Mike Brandly, Auctioneer
Feb 18, 20202 min read
Is being an auctioneer like gambling?
For instance, an auctioneer named Emily meets with Frank and Wanda Horton to discuss their upcoming move to a retirement center. Most of...
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Mike Brandly, Auctioneer
Feb 11, 20202 min read
The question was, “Can I bid what I want to bid?”
https://mikebrandlyauctioneer.wordpress.com/2014/08/11/bid-calling-is-just-numbers/. An out-of-town bidder arrived at our auction house...
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Mike Brandly, Auctioneer
Feb 10, 20202 min read
Auction cancellation fee that is fair
As such, in the National Auctioneers Association award-winning magazine (Auctioneer, December 2019/January 2020) Matthew Parker...
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Mike Brandly, Auctioneer
Jan 22, 20202 min read
Bad weather draws crowds?
Except — that is — if the weather or conditions are too bad for even those with an extraordinary resolution to attend. All roadways...
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Mike Brandly, Auctioneer
Jan 20, 20202 min read
Auctioneers not producing records
For instance, my home state of Ohio requires I maintain Ohio auction records for a minimum of two (2) years. In Ohio (and some other...
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Mike Brandly, Auctioneer
Jan 10, 20202 min read
Give yourself a raise?
Our question today is … can you just give yourself a raise? In other words, you’ve been charging 10% on real property deals, so this...
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Mike Brandly, Auctioneer
Jan 3, 20203 min read
“Sold!” shouldn’t be a lie
Who else in commerce lies to customers and gets away with it? If Walmart is advertising a sale, and then you get there and they aren’t —...
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Mike Brandly, Auctioneer
Jan 1, 20203 min read
Auctions which are — or not — fair, balanced, reasonable
UCC 2-328 as adopted by states around the United States. Then too, there is general contract law and a select number of court cases which...
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