Mike Brandly, Auctioneer
Expressed or the climate?
One only has to be marginally aware of the political “climate” to note that many feel it’s not the words being specifically expressed,...
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Mike Brandly, Auctioneer
Jan 33 min read
Disclaiming value and results
Should auctioneers guarantee their sellers any certain results from the auction of their property? Should sellers be persuaded to sell at...
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Mike Brandly, Auctioneer
Nov 8, 20232 min read
Auctioneer’s worthless clause defense
Many auctioneers attempt to disclaim anything they say and imply, and we’ve noted that auctioneers cannot successfully disclaim...
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Mike Brandly, Auctioneer
Jun 28, 20232 min read
Auctioneers and “survivorship bias”
During wars, planes would fly into battle, with unfortunately only some returning home. Those that did return might have bullet holes as...
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Mike Brandly, Auctioneer
Jun 22, 20232 min read
What’s a term? What’s a condition?
Auctioneers have been announcing and/or publishing their “terms and conditions” for their auctions for centuries. We look closer today...
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Mike Brandly, Auctioneer
Jan 31, 20232 min read
When you’re selling “high-valued” assets
If there’s been one consistent message I’ve tried to deliver over the past 10 years or more — it’s that when auctioneers are selling...
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Mike Brandly, Auctioneer
Jul 19, 20223 min read
Auction laws that are vague
I’ve repeatedly held that state and federal legislatures (and relatedly governors/presidents) aren’t terribly good at writing law, which...
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Mike Brandly, Auctioneer
May 16, 20223 min read
Must, shall, should, will, may …
Auctioneers are confronted with any number of laws. Legislators author bills that become law when a governor or the President signs (or...
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Mike Brandly, Auctioneer
Dec 31, 20215 min read
Auctioneers: Less risk? Who decides?
There’s no question that there is increasing risk being an auctioneer and it is an out-and-out fallacy that all this risk is largely...
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Mike Brandly, Auctioneer
Nov 15, 20212 min read
Would auctioneers rather you didn’t read it?
Many say when it comes to contracting (contracts, terms, and conditions, and the like) that sellers and bidders have a “duty to read” the...
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Mike Brandly, Auctioneer
Oct 11, 20214 min read
An auctioneer court-ruling guide …
This issue really isn’t that complex, yet some still don’t seem (and/or refuse) to understand. This “court case” said this, this “court...
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Mike Brandly, Auctioneer
Sep 24, 20212 min read
Auction Expert Witness Reports
I find myself sitting in a conference room with 7 attorneys — all with the same firm. We’re discussing the subject case when one...
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Mike Brandly, Auctioneer
Aug 26, 20213 min read
Bidders — buyers — “ghosting” auctioneers
Do bidders who bid and win at auction … and then cease any further communication with the auctioneer/seller deserve our further attention?...
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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....
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Mike Brandly, Auctioneer
May 21, 20213 min read
Every auctioneer in court hears …
After sitting in courtrooms around the country, helping attorneys and their clients in auction litigation cases, I have to say that...
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Mike Brandly, Auctioneer
Apr 20, 20213 min read
Perfect, flawless … or is it?
We’ve written about this issue numerous times. Something is held to be a certain type, condition … only to be disclaimed by the famous...
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Mike Brandly, Auctioneer
Jan 22, 20213 min read
An obligation to disclose?
Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure,...
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Mike Brandly, Auctioneer
Nov 16, 20203 min read
Frivolous auction lawsuits
As a frequent auction expert witness, we’ve been privy to some others’ thoughts on suing auctioneers, sellers, and buyers which would...
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Mike Brandly, Auctioneer
Oct 27, 20203 min read
Unless the circumstances indicate otherwise
Auctioneers can disclaim warranties for fitness and merchantability regarding property they are putting up for auction … typically by...
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Mike Brandly, Auctioneer
Sep 10, 20203 min read
What? Your vendor raised prices?
Auctioneers can’t ever seem to believe it … a vendor raised prices. It could be software, a platform’s sell-through, training,...
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