Mike Brandly, Auctioneer
“Sold!” shouldn’t be a lie
Who else in commerce lies to customers and gets away with it? If Walmart is advertising a sale, and then you get there and they aren’t —...
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Mike Brandly, Auctioneer
Dec 16, 20192 min read
An auctioneer and the “just joking” defense
Facebook concerning Time Magazine. Indeed some people — when confronted with facts counter to their claims — use the “just joking”...
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Mike Brandly, Auctioneer
Dec 2, 20192 min read
Auctioneers behaving more “reasonably”
Does this sound familiar? Bidders must agree to sales which are “as-is” where-is, all selling “with reserve,” we’ll be taking fictitious...
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Mike Brandly, Auctioneer
Nov 25, 20194 min read
Sales talk and puffing held as fact
We’ve written about sales talk or puffing more than once, including here: https://mikebrandlyauctioneer.wordpress.com/2011/11/15/puffing-...
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Mike Brandly, Auctioneer
Aug 28, 20192 min read
When to disclose the reserve and when not to …
The answer to that question is fairly straightforward. If the minimum is good news, it should be disclosed and if it’s bad news (or...
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Mike Brandly, Auctioneer
Apr 30, 20192 min read
Is it simply “as-is” with inspection and/or a “return policy?”
First, if you as an auctioneer are selling property “as-is” and “where-is” then you need to allow bidders reasonable opportunity to...
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Mike Brandly, Auctioneer
Apr 18, 20192 min read
Are we making buying at auction easier or more difficult?
I’ve been a long-standing advocate for auctioneers to join the 21st century — simpler, more equitable terms and conditions. Yet,...
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Mike Brandly, Auctioneer
Feb 22, 20192 min read
Is your absolute auction being advertised/conducted as such?
First of all — why would any auctioneer not want the public to know an auction is indeed absolute? The words “absolute” or “without...
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Mike Brandly, Auctioneer
Feb 20, 20193 min read
Online auction bidders don’t read?
Terms and conditions of an auction [particularly online-only or simulcast] might say, “No shipping,” “15% Buyer’s premium,” “$20 handling...
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Mike Brandly, Auctioneer
Feb 11, 20193 min read
“As-is” and should have known
ALL HORSES ARE SOLD AS IS WITH ALL FAULTS AND DEFECTS. The buying and selling of horses, especially horses purchased to serve as...
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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
Dec 14, 20182 min read
Bid from the comfort of your home or office
Apparently an attorney told an auctioneer that this phrase should immediately be removed from his auction advertising — as it implied a...
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Mike Brandly, Auctioneer
Dec 10, 20182 min read
Are we making it harder or easier to buy at auction?
However, auctioneers seem late to the party. While many auctioneers offer online bidding to make it easier to play, otherwise buying at...
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Mike Brandly, Auctioneer
Oct 5, 20183 min read
“As-is” with absolutely no inspection opportunity
Of course, caveat emptor is the principle that the buyer alone is responsible for checking the quality and suitability of goods before a...
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Mike Brandly, Auctioneer
Jul 6, 20182 min read
Is free speech always free?
We wrote about contracts always being in writing here: https://mikebrandlyauctioneer.wordpress.com/2016/04/19/auctioneers-always-written...
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Mike Brandly, Auctioneer
Mar 7, 20182 min read
Is the reserve price a material fact?
However, some information which buyers might feel is material is also by default confidential. Such is the reserve price which twice in...
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Mike Brandly, Auctioneer
Jan 11, 20182 min read
At auction: Is it wanting or buying?
Marsha L. Richins of the University of Missouri wrote about our title in her paper, “When Wanting Is Better Than Having,” in the Journal...
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Mike Brandly, Auctioneer
Jan 8, 20183 min read
Unfair, unreasonable, inequitable … what does it all mean?
Shortly thereafter our first blog, fellow blogger extraordinaire and good friend Aaron Traffas wrote about our undertaking: ...
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Mike Brandly, Auctioneer
Dec 21, 20173 min read
… but my seller cashed the check
Most recently, an inquiry involved a breach of contact of sorts — where the auctioneer did not follow the legal expressed wishes of his...
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Mike Brandly, Auctioneer
Nov 27, 20172 min read
What exactly does selling at absolute auction mean?
On the contrary, selling without reserve means the seller has the genuine intent to transfer to the highest bidder regardless of price as...
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