Mike Brandly, Auctioneer
Reopen with a tie bid is fair to both?
Countless auctioneers and those in the auction business believe they have the discretion per state law to reopen a so-called “tie-bid” —...
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Mike Brandly, Auctioneer
Aug 2, 20213 min read
Can an online auction platform be too easy to use?
There may not be an auctioneer who has not said, “Why can’t the online platform be easier to use?” or similar words expressing...
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Mike Brandly, Auctioneer
May 5, 20213 min read
Should auctioneers be ethical?
We have held for decades that auctioneers should be ethical — without possibly expressing that exact wish on this platform. We have,...
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Mike Brandly, Auctioneer
May 3, 20213 min read
Commissions, fees, and uncertainty
Auctioneers take on a number of diverse projects — maybe contract bid calling one day, cleaning and readying farm equipment the next day,...
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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
Jan 27, 20213 min read
Auctioneers opposed to “equity”
Suddenly I’m seeing again that “equity” is a bad thing — especially if you say it into a microphone more than once. No, not “equity”...
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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
Jun 21, 20202 min read
Auctioneers and what’s reasonable
A host of laws and rules auctioneers are encouraged to follow use the word, “reasonable.” So, what does reasonable mean? I have joked...
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Mike Brandly, Auctioneer
Feb 10, 20202 min read
Auction cancellation fee that is fair
As such, in the National Auctioneers Association award-winning magazine (Auctioneer, December 2019/January 2020) Matthew Parker...
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Mike Brandly, Auctioneer
Jan 1, 20203 min read
Auctions which are — or not — fair, balanced, reasonable
UCC 2-328 as adopted by states around the United States. Then too, there is general contract law and a select number of court cases which...
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Mike Brandly, Auctioneer
Feb 8, 20183 min read
Is that next bid a higher bid?
However, what if my $270 bidder was paying with a credit card costing the seller 3.5% and the $265 bidder is paying cash? $270 minus 3.5%...
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Mike Brandly, Auctioneer
Jul 19, 20175 min read
‘Reasonably advantageous’ auction terms
I stay at many hotels throughout the year (although I have never stayed at the Black Bear Hotel in Allentown, Pennsylvania.) In doing so,...
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Mike Brandly, Auctioneer
Mar 27, 20171 min read
Car auction lights
What do those lights mean at a car auction? There is certainly no nationwide standard, but there is a pattern. Generally, most all buyers...
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Mike Brandly, Auctioneer
Mar 15, 20173 min read
Every auction lawsuit: Perception vs. Reality
We’ve consulted in dozens of auction-related cases (litigation) since 2010. Additionally, it’s not unusual for my phone to ring...
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Mike Brandly, Auctioneer
Mar 13, 20173 min read
Should the online platform accept starting bids, max bids, fixed bids or what?
She sees one “offered” by an auctioneer in an online-only auction. She puts in her bid of $500. As Susan places her bid, she wonders …...
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Mike Brandly, Auctioneer
Dec 12, 20164 min read
Auctioneer Discretion and Control in Registering Bidders
In so doing, I always stress the importance of knowing the law as well as customary practice regarding the auction industry. One topic...
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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
Jul 6, 20113 min read
Never reopen the bidding?
His rule is, “I never reopen the bidding.” In over 35 years of auctioneering, he’s not reopened a bid — not once. All of Sammy’s clients...
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Mike Brandly, Auctioneer
May 22, 20106 min read
Bid increments at auctions
For example, if a 2009 Case IH Magnum 335 is selling at auction, and the auctioneer has $175,000 is asking for $177,500, then the bid...
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Mike Brandly, Auctioneer
Feb 28, 20103 min read
How to address online auction ethics
I have titled this post in reference to a post I recently read by Will McLemore titled similarly about unethical auctioneer bid calling...
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