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But that other bidder was drunk
Today, we explore the rights (if any) a high bidder may have if someone drunk or otherwise impaired bids against him. We broached this...

Mike Brandly, Auctioneer
Apr 17, 20172 min read
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Can auctioneers trust any online platform?
And, so far almost every online platform (once with enough data and/or enough money on the table) has decided to do one of two things:...

Mike Brandly, Auctioneer
Apr 10, 20172 min read
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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...

Mike Brandly, Auctioneer
Mar 27, 20171 min read
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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 …...

Mike Brandly, Auctioneer
Mar 13, 20173 min read
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When does title transfer at an auction?
Absent any contract provisions to the contrary, for personal property the UCC § 2-401 will be applicable here. For real property, title...

Mike Brandly, Auctioneer
Mar 9, 20173 min read
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Auctions that are manifestly unreasonable
Auctions have been taking place for over 2,000 years. Auctioneering is often referred to as the second-oldest profession. One could think...

Mike Brandly, Auctioneer
Mar 1, 20173 min read
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The burden of auctioneer prowess
His story was fairly straightforward in that his seller-client had hired an auctioneer to sell a coin collection. The auction took place...

Mike Brandly, Auctioneer
Jan 6, 20172 min read
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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...

Mike Brandly, Auctioneer
Dec 12, 20164 min read
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The word “auction” in culture
More and more, auctioneers are being told not to use the word, “auction” in their advertising. We explored this in depth here: ...

Mike Brandly, Auctioneer
Oct 3, 20164 min read
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Auctioneers selling counterfeit property
While most auctioneers are probably aware of this law, some might not be as aware that the Act also applies to anyone knowingly selling...

Mike Brandly, Auctioneer
Sep 14, 20162 min read
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Auction scheduled and auctioneer dies …
Our study today involves this question: “Did the seller (client) hire that specific auctioneer, and would that principal be okay with...

Mike Brandly, Auctioneer
Jul 4, 20162 min read
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Can auctioneer take seller bid unknowingly?
Today, we look at paragraph four. In this paragraph, the law states basically that there is buyer recourse (remedy) if the seller bids...

Mike Brandly, Auctioneer
Jun 13, 20163 min read
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Auction bidder drunk, high, or otherwise impaired?
Auctioneers are presented with these situations, and usually have one or more of the three following questions: “Can I take his bid?” “If...

Mike Brandly, Auctioneer
May 5, 20162 min read
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What did your attorney say?
We help attorneys with appraising and selling assets held in estates, guardianships, bankruptcies and other similar situations. We assist...

Mike Brandly, Auctioneer
Apr 15, 20162 min read
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National Auctioneers Week
Here’s the scoop. Per the National Auctioneers Association (NAA), National Auctioneers Week has been marked as an extension of National...

Mike Brandly, Auctioneer
Apr 11, 20162 min read
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Two bidders, two different lots
Over 15 antique John Deere tractors plus other John Deere equipment and tools sat outside ready for tomorrow’s auction. Vern went to bed...

Mike Brandly, Auctioneer
Aug 24, 20153 min read
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Gun buyer at auction is denied
Federal Firearms Licensee (FF.) The buyer fills out the ATF Form 4473 and subsequently is denied possession of the gun. Upon denial, the...

Mike Brandly, Auctioneer
Jun 22, 20153 min read
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Auctioneer dual agency
My belief is that auctioneers should be able to bid to enhance the seller’s position. If an auctioneer is selling a framed oil on canvas...

Mike Brandly, Auctioneer
Mar 3, 20153 min read
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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...

Mike Brandly, Auctioneer
Feb 18, 20153 min read
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Seller commission & buyer’s premium
More recently, we again were asked about how seller commissions are calculated in relation to buyer’s premiums. Here’s that previous...

Mike Brandly, Auctioneer
Oct 24, 20142 min read
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