Mike Brandly, Auctioneer
An auctioneer’s as-is primer
I’ve told countless auctioneers that the most confusing 254 words in the English language is the UCC 2-328. I think the most confusing...
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Mike Brandly, Auctioneer
Oct 30, 20152 min read
Saying one thing and doing another
In that transition, the CEO of AutionCode said in response to a question about listings posted before the September 22 deadline: We are...
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Mike Brandly, Auctioneer
Oct 23, 20153 min read
You can’t believe anything I tell you …
Okay folks, let’s get our auction underway. I’m Walt Davis and I’ll be your auctioneer today. Now, remember, you can’t believe anything...
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Mike Brandly, Auctioneer
Sep 29, 20151 min read
Can auctioneers sell “recalled” items?
The Federal Consumer Product Safety Improvement Act of 2008 (CPSIA) dictates among other restrictions that items recalled by the U.S....
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Mike Brandly, Auctioneer
May 15, 20153 min read
Auctioneers and bulk sale laws
In the case of a business closing or the like, the auction itself may be subject to the “bulk sale” laws in the United States. Bulk sale...
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Mike Brandly, Auctioneer
May 1, 20153 min read
As-is and fairness
Many cars selling at auction sell, “as-is” and “where-is” and essentially include terms that the bidders are to not rely on any...
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Mike Brandly, Auctioneer
Feb 18, 20153 min read
The sliding scale versus the incremental scale
And sellers are right to ask what commission the auctioneer will charge for that service. Most of the time, a fixed percentage is...
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Mike Brandly, Auctioneer
Aug 5, 20142 min read
Can an auctioneer refuse a higher bid?
It’s well established that there are only two types of auctions: Any auction is either “with reserve” or “without reserve.” And the...
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Mike Brandly, Auctioneer
Jul 21, 20143 min read
All known material facts
There might not be a real estate agent in the United States who hasn’t heard these four words. A home where there was a recent murder? A...
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Mike Brandly, Auctioneer
Jul 14, 20143 min read
When the auctioneer takes a bid
Equally, there seems to be lots of confusion. The auctioneer can’t bid; the auctioneer can bid; the auctioneer can maybe bid? Today, we...
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Mike Brandly, Auctioneer
May 21, 20144 min read
Auctioneers and the seller’s identity
Secondly, there are no laws which require auctioneers to disclose the seller’s identity to (potential) bidders. Despite these facts, it...
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Mike Brandly, Auctioneer
Sep 17, 20133 min read
An auctioneer’s opening annoucement
Norm has been an auctioneer for 29 years. He conducts mostly onsite auctions, and occasionally rents a building at the fairgrounds for...
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Mike Brandly, Auctioneer
Jun 24, 20133 min read
Auction with only a picture of the defect?
Further, courts routinely rule that agents acting as a professional cannot purposely avoid knowledge about such property — also known as...
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Mike Brandly, Auctioneer
May 24, 20133 min read
Tort law in the auction business
It might involve unfair trade practices, unreasonable or damaging conditions of employment or loss suffered from product malfunctions,...
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Mike Brandly, Auctioneer
Oct 13, 20123 min read
Online platform owns the bidders’ email addresses?
Tim conducts auctions every other week at his 7,000 square foot auction facility just outside of town. Years ago, Tim decided to augment...
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Mike Brandly, Auctioneer
Aug 26, 20123 min read
Online auctioneers using the same photos for different items?
Obviously, at a live auction, bidders can see the property for themselves; and in that live environment, the human eye can isolate 10-12...
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Mike Brandly, Auctioneer
May 4, 20123 min read
Orderly conduct of the auction process?
Auctioneers use this phrase “as-is, where-is” to denote, generally, two conditions of the sale: As-is: The buyers are accepting the...
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Mike Brandly, Auctioneer
Apr 8, 20124 min read
Customer breaks item scheduled in online auction
Over 300 lots of glassware, china, figurines and other somewhat delicate collectibles are scheduled to sell to the highest bidders on...
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Mike Brandly, Auctioneer
Feb 3, 20123 min read
Online auctioneer policy changes
In essence, they are now being more upfront with bidders when the bidder’s maximum absentee bid [maximum pre-bid] is disclosed to the...
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Mike Brandly, Auctioneer
Jul 4, 20114 min read
Price fixing at auction
The story goes, in part, that Pritchard and Juno conspired to “appraise” a Confederate Civil War sword on the Antiques Roadshow...
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