Mike Brandly, Auctioneer
All “genuine” but no warranty it is?
It could be jewelry, coins, statuary, firearms, pottery, or any number of things. For example, if it’s an 1895-CC Morgan Silver Dollar,...
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Mike Brandly, Auctioneer
Sep 20, 20232 min read
Sorry … you bought it “as is”
Auctioneers have been proclaiming this since the “beginning of time.” The buyer has an issue with a purchase, and the auctioneer says,...
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Mike Brandly, Auctioneer
Jul 19, 20233 min read
What if it’s not as you’ve expressed?
Rescinding a contract is essentially putting both parties back where they were before they were bound by a contract. In other words, in...
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Mike Brandly, Auctioneer
Mar 15, 20233 min read
Except whatever else we express?
Could an auctioneer say that except for what he expresses (at a certain time) buyers cannot rely on anything else he expresses (at other...
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Mike Brandly, Auctioneer
Jul 14, 20223 min read
May attempt to describe?
We’ve noted that auctioneers cannot disclaim expressed warranties, and shouldn’t disclaim implied warranties, but many mistakenly...
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Mike Brandly, Auctioneer
Sep 3, 20213 min read
As is — what it is and what it isn’t
There likely isn’t an auctioneer on earth who hasn’t uttered the words, “as is” regarding how bidders are buying property at auction. ...
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Mike Brandly, Auctioneer
Jul 5, 20213 min read
Can auctioneers disclaim what they tell you their sellers said …?
We previously wrote that auctioneers cannot disclaim express (expressed) warranties. That treatise involving the UCC § 2-316 is here: ...
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Mike Brandly, Auctioneer
Jun 21, 20212 min read
Can an auctioneer disclaim an express warranty?
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling an...
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Mike Brandly, Auctioneer
Jun 3, 20215 min read
Unnecessary risk & really bad advice
Ever eat at a McDonald’s? I bet most auctioneers have at least once, if not more. I’ve eaten at one particular McDonald’s more lately as...
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Mike Brandly, Auctioneer
Apr 22, 20213 min read
Good faith, diligence, reasonableness, and care
Or, if you prefer, I suppose, “Bad faith, negligence, unreasonableness, and carelessness?” As a frequent auction expert witness (over 40...
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Mike Brandly, Auctioneer
Apr 18, 20213 min read
On any given Sunday …
As one who teaches classes to auctioneers all over the United States, one thing stands out: Many auctioneers are looking for the “one...
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Mike Brandly, Auctioneer
Mar 29, 20213 min read
Auctioneer: I’m lying but you know it?
Could an auctioneer lie about what is being sold, the high bid, shipping charges, provenance, and a bunch of other stuff and then claim...
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Mike Brandly, Auctioneer
May 21, 20202 min read
Auctioneers disclaiming everything?
https://mikebrandlyauctioneer.wordpress.com/2012/05/23/auctioneer-disclaimers/. We noted in that 2012 article, “If you are selling or...
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Mike Brandly, Auctioneer
Apr 20, 20202 min read
Coronavirus & auctioneer disclosure
There are those who say, “No, that doesn’t need to be disclosed” and would further argue that you as a buyer aren’t even entitled to...
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Mike Brandly, Auctioneer
May 22, 20123 min read
Auctioneer disclaimers
Auctioneer disclaimers are as common as actual auctions. For centuries, auctioneers have “disclaimed” certain responsibilities in their...
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