Mike Brandly, Auctioneer
Asking/requiring a bidder to leave the auction
This question is almost the same question we answered in 2017 when we wrote about denying a bidder from participating in an auction event....
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Mike Brandly, Auctioneer
Sep 17, 20182 min read
Auctioneers and standard form contracts
N.A.S.H (National Auction Supply House), Keifer Auction Supply and Missouri Auction School. Additionally, and our topic today, some...
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Mike Brandly, Auctioneer
Aug 24, 20182 min read
Auctioneers are asked, “What do you charge?”
Ask a surgeon what it costs to perform surgery. Ask a car repair technician what the charge will be to repair your car. Ask an insurance...
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Mike Brandly, Auctioneer
Jul 6, 20182 min read
Is free speech always free?
We wrote about contracts always being in writing here: https://mikebrandlyauctioneer.wordpress.com/2016/04/19/auctioneers-always-written...
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Mike Brandly, Auctioneer
Jun 1, 20182 min read
Auction bidders are told they “may have won?”
In fact, we proposed some time ago that “may” may be the worst word to use in the auction industry: https://mikebrandlyauctioneer.wordpr...
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Mike Brandly, Auctioneer
Apr 23, 20182 min read
Maybe selling absolute with binding opening bid?
In a without reserve auction, after the auctioneer calls for bids on a property, that property cannot be withdrawn unless no bid is made...
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Mike Brandly, Auctioneer
Apr 19, 20183 min read
Extraordinary liquidated damages in auction contract
Apparently, this auctioneer had (and maybe still has) severe financial penalties in his contract with his seller payable to him — in the...
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Mike Brandly, Auctioneer
Mar 1, 20183 min read
Giving my advice to auctioneers
I recently returned home from what has become my annual “auctioneer convention season” including conferences and other events in Ohio,...
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Mike Brandly, Auctioneer
Feb 15, 20183 min read
Auctioneers bid calling faster than bidders can bid … or not
It is no wonder that we as auctioneers have a bad reputation among many people. We still have auctioneers that play games at their...
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Mike Brandly, Auctioneer
Feb 8, 20183 min read
Is that next bid a higher bid?
However, what if my $270 bidder was paying with a credit card costing the seller 3.5% and the $265 bidder is paying cash? $270 minus 3.5%...
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Mike Brandly, Auctioneer
Feb 5, 20184 min read
The fall … falling … fallen hammer?
UCC 2-328 extensively in classes around the United States, as well as in several articles contained within this blog. One such UCC 2-328...
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Mike Brandly, Auctioneer
Feb 3, 20182 min read
Won? Sold? Reopen? Exceptions?
After a bidder has won the bid with his (or her) high bid, he has become the new owner of the item, even though he may not have paid for...
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Mike Brandly, Auctioneer
Feb 1, 20182 min read
Bidding with a contingency … a higher bid?
We touched on another unfortunate bid calling technique (https://mikebrandlyauctioneer.wordpress.com/2018/01/29/i-have-it-but-i-dont-and-...
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Mike Brandly, Auctioneer
Jan 29, 20183 min read
I have it but I don’t … and then again, again, again …
https://mikebrandlyauctioneer.wordpress.com/2010/02/04/unethical-bid-calling-3-he-loves-me-he-loves-me-not/ Amplifying this attorney’s...
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Mike Brandly, Auctioneer
Jan 8, 20183 min read
Unfair, unreasonable, inequitable … what does it all mean?
Shortly thereafter our first blog, fellow blogger extraordinaire and good friend Aaron Traffas wrote about our undertaking: ...
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Mike Brandly, Auctioneer
Jan 2, 20182 min read
Who is the seller? We have that information …
A New York case in 2012 that shocked the auction industry was fortunately overturned recently. The subject involved the necessity to...
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Mike Brandly, Auctioneer
Dec 28, 20173 min read
Auctions with lost, misplaced and/or abandoned property
Property is generally deemed to have been … Lost if it is found in a place where the true owner likely did not intend to set it down, and...
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Mike Brandly, Auctioneer
Dec 21, 20173 min read
… but my seller cashed the check
Most recently, an inquiry involved a breach of contact of sorts — where the auctioneer did not follow the legal expressed wishes of his...
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Mike Brandly, Auctioneer
Dec 18, 20172 min read
Can your bidder’s offer (bid) be irrevocable?
https://mikebrandlyauctioneer.wordpress.com/2014/08/11/bid-calling-is-just-numbers/ A twist on this offer and acceptance is that some...
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Mike Brandly, Auctioneer
Dec 7, 20172 min read
Absolute and the high bidder isn’t the buyer?
If you don’t, your seller is open to a lawsuit by the high bidder seeking specific performance. In other words, the high bidder (even if...
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