Mike Brandly, Auctioneer
25 basics for every auctioneer
It seems we’re all busy and sometimes forget the very basics of the auction profession. While there are many things every auctioneer...
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Mike Brandly, Auctioneer
Dec 13, 20232 min read
There’s only the “highest bid”
Auctions have been going on for over 2,000 years. Since auctioneers started to use the Internet for online and simulcast auctions,...
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Mike Brandly, Auctioneer
Nov 29, 20232 min read
What is (and isn’t) a counterbid
Some auctioneers refer to seller bidding (in a with reserve or forced sale auction) as counterbidding (counter-bidding.) Despite bids...
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Mike Brandly, Auctioneer
Oct 6, 20233 min read
Auctions, contracts, two identical lots
Lot #2 and Lot #184 are mistakenly the same lot. Lot #2 sells and we have a buyer and seller in contract. Lot #184 comes up and a...
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Mike Brandly, Auctioneer
Jun 12, 20233 min read
“With” or “without” reserve
Auctions are by default “with reserve” unless explicitly denoted as “without reserve” in 49 states. In Louisiana, it’s the opposite, as...
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Mike Brandly, Auctioneer
May 1, 20232 min read
Auctioneer says, “I’m just bid calling …”
I’ve heard for years in regard to firearm laws and many other topics, auctioneers desiring to disclaim any responsibility say “I’m just...
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Mike Brandly, Auctioneer
Apr 3, 20232 min read
United States v. Barry D. Dyer, Mackie E. Shelton
In the case, United States of America v. Barry D. Dyer, Mackie E. Shelton 1:21-CR-00016-GNS, these two defendants were accused of...
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Mike Brandly, Auctioneer
Mar 31, 20232 min read
Are bid-calling contracts potentially assignable?
Given that auctioneer bid calling (and online “bid calling”) obviously creates contracts, our question today involves if a high bidder...
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Mike Brandly, Auctioneer
Jan 26, 20232 min read
Apparently little known bid calling basics
If you have participated in a live or online auction, the auctioneer’s “chant” nor the online platform is generally placing bids. We say...
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Mike Brandly, Auctioneer
Dec 24, 20204 min read
Can auction bidders be held to things they don’t read?
We have held that by registering for an auction — live and/or online — that such constitutes a contract. We have competent parties,...
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Mike Brandly, Auctioneer
Dec 8, 20203 min read
Auctioneers and fine print
As an expert witness in auction cases, I’m seeing more and more fine print — particularly in auction terms and conditions. The thinking...
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Mike Brandly, Auctioneer
May 31, 20202 min read
Auctions, fairness and equity
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) was a case in New York where the seller of a home previously held as “haunted”...
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Mike Brandly, Auctioneer
Aug 4, 20152 min read
When can the auctioneer change terms?
Let’s say an auctioneer has a live auction scheduled with online pre-bidding beginning several days prior. How would terms such as,...
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Mike Brandly, Auctioneer
Sep 15, 20143 min read
Auctioneers & the Statute of Frauds Part III
In Williston’s “Williston on Contracts” an important point about the Statute of Frauds for auctioneers is noted. In § 29:40 (4th Ed), as...
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Mike Brandly, Auctioneer
Sep 24, 20113 min read
High bidder doesn’t win?
As we’re waiting for our entrees to arrive to our table, I asked him a question: “Have you ever had two bids of the same amount come in...
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Mike Brandly, Auctioneer
Jul 21, 20102 min read
Should I go to auction school?
First, many states in the United States require a license to act as an auctioneer. And, most of those license states require...
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Mike Brandly, Auctioneer
Feb 19, 20103 min read
Auctioneers & the Statute of Frauds Part II
In Williston’s “Williston on Contracts” an important point about the Statute of Frauds for auctioneers is noted. In § 29:40 (4th Ed), as...
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Mike Brandly, Auctioneer
Dec 29, 20092 min read
The Three (3) Types of Auction Contracts
In my post: http://mikebrandlyauctioneer.wordpress.com/2009/12/01/the-essential-elements-of-any-contract/ I mentioned that auctioneers...
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Mike Brandly, Auctioneer
Dec 7, 20092 min read
Tie Bids — they don’t exist at an auction
When bid calling, there can be only one high bidder who is in contract with the seller (i.e. one seller, one buyer). If it were possible...
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