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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
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
Aug 22, 20223 min read
Expressed, implied, and fitness
An auctioneer might express what something is, be in the business of representing such property, or suggest (imply) what something is. ...
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Mike Brandly, Auctioneer
Sep 20, 20214 min read
Auctioneers and when the circumstances indicate otherwise …
Disclaiming warranties of merchantability and fitness for a particular purpose can be tricky business. As we previously have held,...
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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
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 6, 20212 min read
Are you selling “AS IS” or “as is?”
Are you an auctioneer who’s selling property “AS IS” or “as is?” It likely makes a difference. Today, we discuss more on conspicuous...
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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
Nov 16, 20153 min read
An auctioneer’s implied authority
One such way auctioneers are sued is for not following the contract with the client … and/or not following the client’s legal directions....
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