Mike Brandly, Auctioneer
“Unintentional” misrepresentation?
An auctioneer offers to refund your money … if you can prove he intentionally misrepresented the property you bought. Interestingly, how...
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Mike Brandly, Auctioneer
Mar 9, 20213 min read
Staff bidding while privy to additional information?
If we’ve stressed one notion lately, it’s that all auction bidders must be held to the same terms and conditions. In other words, if the...
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Mike Brandly, Auctioneer
Nov 12, 20203 min read
The “Prudential Rule” and “as is”
The Texas Supreme Court heard the case of “Prudential Insurance Co. of America v. Jefferson Associates, Ltd., 896 S.W.2d 156 (Tex. 1995)”...
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Mike Brandly, Auctioneer
Oct 17, 20202 min read
Auctioneers and selective skepticism
We’ve written before about fake and other clearly unsubstantiated memes, posts, and stories being shared on social media by auctioneers. ...
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Mike Brandly, Auctioneer
Jul 27, 20202 min read
Auction previews and “as-is?”
An attorney suggested to me in a court case in which I was hired as an expert witness … that auction previews were subject to the “as-is”...
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Mike Brandly, Auctioneer
Jun 17, 20202 min read
Westgate State Bank v. Clark, 642 P.2d 961 (Kan. 1982)
Forced sales, court-ordered auctions, and the like are often held to a “commercially reasonable” standard. It’s clear commercially...
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Mike Brandly, Auctioneer
Mar 12, 20202 min read
Ritchie Bros. & buying with (more) confidence
Ritchie Bros. held their first auction in 1958 in Kelowna, BC, Canada. Ken, Dave and John conducted their first of many to follow...
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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
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
Aug 31, 20173 min read
“As-is” and I can or can’t inspect?
Bill’s father Gene had served in the Unites States Air Force from 1947 until his retirement in 1991 and had flown these 19B’s (UH-19’s)...
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Mike Brandly, Auctioneer
Jan 10, 20172 min read
Live auction credit card chargebacks
We wrote about credit card chargebacks in 2012, largely looking at when the buyer is out of town — or across the country — and the...
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Mike Brandly, Auctioneer
Mar 3, 20152 min read
I’m bidding online, but where is the property?
In other words, bidders are placing bids on property (chattels) without the actual knowledge of where that property is? Certainly,...
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Mike Brandly, Auctioneer
Dec 10, 20092 min read
Is it always “as-is” at an auction?
Actually, most auctions have some sort of guarantee or warranty. With only a few exceptions, auctioneers warranty clear title — in other...
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