Mike Brandly, Auctioneer
Auctioneers “Can too …” defenses
Here’s what we’re seeing — and hearing as auctioneers: “You may have been told that you can’t do … something … and actually you can.” ...
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Mike Brandly, Auctioneer
Apr 14, 20202 min read
3 weeks of consecutive advertising?
Some jurisdictions have more recently permitted online (Internet) advertising to substitute for newspaper advertising. Nonetheless, what...
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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
Dec 23, 20192 min read
Can auctioneers be presumed guilty?
Supreme Court of the United States case Coffin v. United States, 156 U.S. 432 (1895) and numerous subsequent cases has established the...
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Mike Brandly, Auctioneer
Oct 31, 20192 min read
Lessons after over 30 cases as an auction expert witness
We’ve learned a lot since that first case in New Orleans, Louisiana. Most notably, if you are an auctioneer there is absolutely no...
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Mike Brandly, Auctioneer
Sep 9, 20192 min read
How competent must auctioneers be?
The National Auctioneers Association dictates in their Code of Ethics that auctioneers [members] “shall recognize the limitations of...
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Mike Brandly, Auctioneer
Jun 3, 20192 min read
Auctioneer licensing and auction lawsuits
After my presentation, one of the Committee members asked me if there appeared to me to be a correlation between the lack of licensing...
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Mike Brandly, Auctioneer
May 13, 20192 min read
Should I post that on Facebook — or anywhere?
https://mikebrandlyauctioneer.wordpress.com/2017/02/10/hiring-auctioneers-and-social-media/. Recently we noted this again in regard to...
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Mike Brandly, Auctioneer
Apr 26, 20192 min read
Auction super precedents
We discussed if there were any other cases which would help or hurt her client’s claims and there really aren’t any of material nature. ...
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Mike Brandly, Auctioneer
Feb 4, 20193 min read
What if the seller bids first in an absolute auction?
Our analysis today regards the seller bidding in an absolute auction — and in particular if the seller bids first. Within the few legal...
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Mike Brandly, Auctioneer
Jan 23, 20193 min read
Auctioneer opinions?
Mike Brandly, Opening Speaker, Ohio Auctioneers Association Conference 2019, Columbus, Ohio Seemingly everyone has an opinion about...
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Mike Brandly, Auctioneer
Oct 10, 20183 min read
Legal precedent in auction cases …
I note that any prior ruling could be binding or a principle and therefore persuasive. Therefore precedent may not be binding but be...
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Mike Brandly, Auctioneer
Aug 6, 20182 min read
Helping auctioneers or the auction industry?
First of all, I’m not going after anyone as I’m not a party to any of the lawsuits where I’m asked to testify. Rather, either the...
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Mike Brandly, Auctioneer
Jul 16, 20182 min read
Auction expert witness and standards of proof
Most cases in which we’ve been involved have been civil cases, where the standard of proof has been generally either a preponderance of...
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Mike Brandly, Auctioneer
Jun 18, 20183 min read
How the auction industry lost at least one bidder
If there is one single consistent theme running through the minds of plaintiffs in these cases, it might be: Auctioneers “running the...
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Mike Brandly, Auctioneer
Apr 12, 20184 min read
“Types” of auctions and ice cream
I would offer probably not. Cases at the Supreme Court of the United States are probably the best ones to use as fact. Yet, consider...
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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
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
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
Mar 1, 20162 min read
How much will I get at auction?
It might be land, a tractor or a piece of jewelry. Sellers want to know before consigning such, or maybe are just curious. Auctioneers...
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