Mike Brandly, Auctioneer
Writing auction contracts to educate people?
I was asked just today in a seminar I was teaching what I thought of this phrase … what I thought it meant for auctioneers. I have to...
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Mike Brandly, Auctioneer
Feb 22, 20172 min read
Is it ever legal to retract your bid?
Here’s the article, titled “Absolute versus reserve auctions: Is it ever legal to retract a bid?” The subtitle of Wayne’s article...
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Mike Brandly, Auctioneer
Feb 10, 20173 min read
Hiring auctioneers and social media
To paraphrase, he asked … “I wonder how one’s social media presence and activity may affect contract auctioneering and overall auctioneer...
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Mike Brandly, Auctioneer
Feb 6, 20173 min read
Online bidding goes down
There are likely four parties involved in such situations: (1) the seller, (2) the bidder(s,) (3) the auctioneer & (4) the online...
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Mike Brandly, Auctioneer
Jan 17, 20172 min read
Is bidding at auction a privilege or right?
An auction event essentially invites bidders/buyers to participate by allowing them to contract with the auctioneer/seller. This contract...
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Mike Brandly, Auctioneer
Jan 10, 20172 min read
Live auction credit card chargebacks
We wrote about credit card chargebacks in 2012, largely looking at when the buyer is out of town — or across the country — and the...
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Mike Brandly, Auctioneer
Jan 6, 20172 min read
The burden of auctioneer prowess
His story was fairly straightforward in that his seller-client had hired an auctioneer to sell a coin collection. The auction took place...
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Mike Brandly, Auctioneer
Jan 2, 20173 min read
15 things … a bid calling law primer
However, it seems some auctioneers don’t know much of what legally is going on when they bid call. Here, we present the legal mechanics...
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Mike Brandly, Auctioneer
Dec 22, 20163 min read
Should the auctioneer start the bid?
For example, an auctioneer might say, “Start me out at $15,000 …” [the invitation to bid $15,000] and then a bidder might bid $5,000 [the...
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Mike Brandly, Auctioneer
Dec 20, 20162 min read
Reopen the bid to only certain bidders?
We have written extensively about auctioneers reopening the bid; for instance, here: https://mikebrandlyauctioneer.wordpress.com/2010/07...
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Mike Brandly, Auctioneer
Nov 23, 20162 min read
Some implications of the UCC 2-328
Otherwise, this same brief 254 words is referenced in courts around the United States every day; the implications of the UCC 2-328 are...
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Mike Brandly, Auctioneer
Nov 14, 20163 min read
In an auction (lawsuit,) who has “standing?”
By standing in our context here we mean, “Who does have a legitimate right to sue … an auctioneer?” In a somewhat recent discussion...
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Mike Brandly, Auctioneer
Oct 31, 20162 min read
Hiring an auctioneer without a written contract
“I hired an auctioneer and things didn’t go right … so what can I do? I don’t have a written contract.” Our first question might be,...
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Mike Brandly, Auctioneer
Oct 18, 20164 min read
Murray, Williston and auction contracts
Murray was a chancellor and a professor of law at Duquesne University in Pittsburgh, Pennsylvania. He was a former dean of the University...
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Mike Brandly, Auctioneer
Oct 11, 20162 min read
Who can sign?
In more modern times, and certainly in most auctioneer-license states, auctioneers endeavor (or are required) to enter into a written...
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Mike Brandly, Auctioneer
Sep 29, 20162 min read
When does an FFL need to be an auctioneer?
The ATF licenses persons who “engage in the business” of selling firearms in the United States. A Federal Firearms Licensee (FFL) is...
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Mike Brandly, Auctioneer
Sep 27, 20162 min read
Terms and conditions only for seller’s protection?
Terms such as this often include that “buyer’s must register,” “everything is being sold ‘as-is,'” and “payment is due at a certain...
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Mike Brandly, Auctioneer
Aug 5, 20164 min read
Two confusing auction cases …
Specifically, we’ve looked closely at court cases which have concerned — and in many cases provided precedent in regard to — the auction...
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Mike Brandly, Auctioneer
Aug 1, 20163 min read
An auction where 2=1?
In contrast, we work in an environment of “customary practice” more than anything else. What we do — how we operate — our procedures —...
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Mike Brandly, Auctioneer
Jul 28, 20165 min read
Terms which say there are “tie bids?”
Interesting that auctioneers (and attorneys advising auctioneers) are talking about putting terms addressing “tie bids” in their terms...
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