Mike Brandly, Auctioneer
No warranties, but call and ask us?
It sometimes gets even more crazy. The auctioneer is selling personal property “AS IS” and is disclaiming any warranties expressed or...
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Mike Brandly, Auctioneer
May 31, 20223 min read
Is it what the auctioneer said it is?
We have written lately and otherwise about auctioneers saying something is “something” and then disclaiming that this same property is...
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Mike Brandly, Auctioneer
May 28, 20222 min read
Irreconcilable E&O Disclaimers
The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling a Vincent...
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Mike Brandly, Auctioneer
Mar 10, 20223 min read
Only the first sentence of § 1-302?
The Uniform Commercial Code § 1-302 titled “Variation by Agreement” clearly says (emphasis added:) (a) Except as otherwise provided in...
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Mike Brandly, Auctioneer
Sep 13, 20213 min read
Conspicuous auction disclaimers
Technically, the UCC § 2-316 says that certain disclaimers must be conspicuous and other disclaimers possibly do not. However, laws such...
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Mike Brandly, Auctioneer
Apr 26, 20212 min read
World record for a one-of-a-kind?
We in the auction business like to say “world record” maybe more than any other occupation. “This sold for a world record,” and “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
Apr 2, 20213 min read
Are there bad auction laws?
I’ve often said state and federal legislatures don’t do a very good job legislating. Laws are written and/or adopted and then enacted,...
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Mike Brandly, Auctioneer
Aug 24, 20202 min read
More on COVID-19 magic waivers
It seems no matter the issue, some people always assure everyone all we need is yet another disclaimer and/or waiver (attempting) to...
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Mike Brandly, Auctioneer
Jun 2, 20202 min read
… and you’re not doing it online for what reason?
I’ll continue to ask this when I hear anything like, “I don’t know how we’re going to keep bidders 6′ apart, and insist they all …” If...
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Mike Brandly, Auctioneer
May 10, 20202 min read
I’m not responsible for anything …
There’s a subtle but important difference between — for example — these two statements. “Watch your step” suggested Jack wasn’t watching...
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Mike Brandly, Auctioneer
Apr 21, 20203 min read
What kind of auctioneer do you want to be?
Yet, we don’t have to be. The law (apparently) lets us auctioneers disclaim everything (possibly not expressed warranties) but what are...
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Mike Brandly, Auctioneer
Mar 5, 20202 min read
So you’re telling me I can’t rely on anything you say?
Today, we explore a different topic; auctioneers literally say this sometimes: “You can not rely on anything I say …” Our question...
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Mike Brandly, Auctioneer
Jan 4, 20192 min read
Auction disclaimers with irreconcilable conflicts
https://mikebrandlyauctioneer.wordpress.com/2012/05/23/auctioneer-disclaimers/ Kurt R. Bachman, Attorney and Auctioneer with Beers...
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Mike Brandly, Auctioneer
Apr 15, 20162 min read
What did your attorney say?
We help attorneys with appraising and selling assets held in estates, guardianships, bankruptcies and other similar situations. We assist...
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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
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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