Mike Brandly, Auctioneer
As it was, is, or as it will be?
When buyers buy anything at auction — particularly “AS IS and WHERE IS” — we would propose the buyer accepts the property in its current...
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Mike Brandly, Auctioneer
Aug 7, 20212 min read
Disclosing stigmatizations?
Many who sell real property at auction are required to disclose all known (should have known) material (latent) facts about property...
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Mike Brandly, Auctioneer
Feb 8, 20214 min read
Auctions, disclosure, patent & latent
We’ve held that auctioneers should disclose all known material facts concerning any property they are putting up for auction. This...
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Mike Brandly, Auctioneer
Jan 22, 20213 min read
An obligation to disclose?
Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure,...
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Mike Brandly, Auctioneer
Oct 29, 20202 min read
What page should that be on?
It’s interesting to me that terms and conditions — particularly for real property auctions — keep getting longer and longer. ...
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Mike Brandly, Auctioneer
Oct 26, 20203 min read
Possible liability for nondisclosure
Some states and some courts have adopted the Restatement (Second) of Torts § 551 (1965) and as such § 551. Liability For Nondisclosure. ...
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Mike Brandly, Auctioneer
Jul 6, 20202 min read
How auctioneers know something …
How do auctioneers know something? How does anyone know anything? Generally, people learn things through observation and research. We...
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Mike Brandly, Auctioneer
Jul 2, 20202 min read
Disclosing what you should know
This is an “Iron Clad” 4 Quart Watering Can. Best I can tell it’s in good shape and likely is able to water plants, flowers, grass,...
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Mike Brandly, Auctioneer
Apr 20, 20202 min read
Coronavirus & auctioneer disclosure
There are those who say, “No, that doesn’t need to be disclosed” and would further argue that you as a buyer aren’t even entitled to...
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Mike Brandly, Auctioneer
Feb 11, 20193 min read
“As-is” and should have known
ALL HORSES ARE SOLD AS IS WITH ALL FAULTS AND DEFECTS. The buying and selling of horses, especially horses purchased to serve as...
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Mike Brandly, Auctioneer
Jul 15, 20162 min read
“As-is” it is represented?
But in reality, despite this disclaimer, the more accurate phrase might be, “You’re buying today as-is as I describe the lots for sale.”...
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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
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
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
Aug 12, 20113 min read
The effect of the “as-is” clause
Here we explore the effect of the “as-is” clause. First, some terminology for our discussion today: Patent: Open, obvious, viewable...
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Mike Brandly, Auctioneer
May 30, 20103 min read
Seller wants his identity and sales prices kept confidential at auction
It is now 3 years after Mr. Georges Wyatt purchased his long-desired painting. He now wishes to sell the painting at auction, and wants...
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Mike Brandly, Auctioneer
Jan 12, 20104 min read
Live auctions disappear?
Scott Musser, current National Auctioneer Association President, said recently:“I think in five years that 50 percent of auctions will be...
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