Mike Brandly, Auctioneer
It’s (and it’s not) reliable information
An auctioneer says that his expressions are deemed reliable but not guaranteed. In other words, he “deems” them reliable (judges,...
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Mike Brandly, Auctioneer
Nov 13, 20233 min read
Auctioneer misrepresents, platform responsible?
Given some auctioneers misrepresent property in online auctions, and the high bidder has recourse against that auctioneer for doing so,...
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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
Oct 23, 20232 min read
Magnificent terms and conditions
Sometimes I’m so pleasantly surprised, I feel that it’s my duty to share the good news. Here’s an online auction platform that requires...
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Mike Brandly, Auctioneer
Oct 18, 20232 min read
Auctioneers warranty all the time …
In the auction business, warranties are expressions (words) describing property up for auction. It might be the brand name, size,...
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Mike Brandly, Auctioneer
Sep 11, 20232 min read
My descriptions may be accurate?
We’ve been telling auctioneers (and their sellers) that they have to “stand behind” their expressions concerning what they are selling. ...
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Mike Brandly, Auctioneer
May 25, 20233 min read
No auction works unless …
See, that marketplace auction platform didn’t work. However, it is the platform or is it the auctioneer? Let’s explore. In fact, it...
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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
Feb 13, 20234 min read
“AS IS” and what it is, maybe is, or isn’t
Let’s say this picture is an actual fork, marked “sterling silver.” Sterling silver here in the United States is generally by weight...
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Mike Brandly, Auctioneer
Nov 18, 20223 min read
Auctions and parol evidence
We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from...
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Mike Brandly, Auctioneer
Sep 8, 20214 min read
“AS IS” and who’s the buyer?
We frequently talk about auction-related contracts and more so recently on waving expressed and implied warranties. Of course, we’ve...
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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
Feb 23, 20213 min read
The dangers of “absolute discretion”
Tom is an auctioneer who takes various live and online classes on the subject of “auctioneering,” surveys the Internet for articles, and...
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Mike Brandly, Auctioneer
Feb 17, 20214 min read
Are auctioneers intentionally misleading buyers?
I’ve probably written about this issue more than any other. The question is essentially “Why are auctioneers intentionally misleading...
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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
Sep 1, 20204 min read
Seller’s tolerance for risk
We’ve held for many years that all bidders at any auction need to adhere to the same terms and conditions. For instance, all bidders...
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Mike Brandly, Auctioneer
Aug 11, 20202 min read
What are “Auction prices?”
Of course, we know that “Auction prices” are the prices obtained at public auctions. Our question is more so … What is the message when...
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Mike Brandly, Auctioneer
Aug 3, 20202 min read
Happy buyers = happy sellers?
Could happy buyers mean happy sellers? Not “happy” that they got a good deal necessarily, but happy with the process (and the property)...
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Mike Brandly, Auctioneer
Jul 1, 20202 min read
Auctioneer at a laundry
I had reason to stop in briefly to this laundry near our auction house. Probably not unlike countless small-town laundries across the...
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Mike Brandly, Auctioneer
Jun 12, 20202 min read
Magical auctioneer disclaimers
Yes, I used the term “magical disclaimers” where I suggested live auctioneers aren’t likely secure from potential (or actual) liability...
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