Mike Brandly, Auctioneer
Auctioneers and the “zero-sum” game
Relatedly, the American Bar Association, suggests that attorneys serve various roles when working with clients. These roles include...
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Mike Brandly, Auctioneer
Feb 17, 20202 min read
Can an auctioneer sell something he knows nothing about?
Auctioneers who contract with sellers to serve as their auctioneer to market, promote and secure the highest possible bid need to know...
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Mike Brandly, Auctioneer
Oct 31, 20192 min read
Lessons after over 30 cases as an auction expert witness
We’ve learned a lot since that first case in New Orleans, Louisiana. Most notably, if you are an auctioneer there is absolutely no...
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Mike Brandly, Auctioneer
Jun 3, 20192 min read
Auctioneer licensing and auction lawsuits
After my presentation, one of the Committee members asked me if there appeared to me to be a correlation between the lack of licensing...
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Mike Brandly, Auctioneer
Apr 26, 20192 min read
Auction super precedents
We discussed if there were any other cases which would help or hurt her client’s claims and there really aren’t any of material nature. ...
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Mike Brandly, Auctioneer
Oct 24, 20183 min read
Possible risk with assigning risk
https://mikebrandlyauctioneer.wordpress.com/2018/10/18/puffing-or-representing-while-bid-calling/ and as promised, here’s our more...
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Mike Brandly, Auctioneer
Aug 6, 20182 min read
Helping auctioneers or the auction industry?
First of all, I’m not going after anyone as I’m not a party to any of the lawsuits where I’m asked to testify. Rather, either the...
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Mike Brandly, Auctioneer
Jul 16, 20182 min read
Auction expert witness and standards of proof
Most cases in which we’ve been involved have been civil cases, where the standard of proof has been generally either a preponderance of...
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Mike Brandly, Auctioneer
Jun 18, 20183 min read
How the auction industry lost at least one bidder
If there is one single consistent theme running through the minds of plaintiffs in these cases, it might be: Auctioneers “running the...
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Mike Brandly, Auctioneer
Feb 5, 20184 min read
The fall … falling … fallen hammer?
UCC 2-328 extensively in classes around the United States, as well as in several articles contained within this blog. One such UCC 2-328...
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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
May 11, 20172 min read
Auctions where buyer won’t pay; seller won’t convey
A bidder becomes the buyer and he refuses to pay for his purchase. A seller refuses to convey the property after a bidder becomes the...
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Mike Brandly, Auctioneer
Feb 24, 20175 min read
Writing auction contracts to educate people?
I was asked just today in a seminar I was teaching what I thought of this phrase … what I thought it meant for auctioneers. I have to...
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Mike Brandly, Auctioneer
Jan 17, 20172 min read
Is bidding at auction a privilege or right?
An auction event essentially invites bidders/buyers to participate by allowing them to contract with the auctioneer/seller. This contract...
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Mike Brandly, Auctioneer
Nov 14, 20163 min read
In an auction (lawsuit,) who has “standing?”
By standing in our context here we mean, “Who does have a legitimate right to sue … an auctioneer?” In a somewhat recent discussion...
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Mike Brandly, Auctioneer
Aug 11, 20164 min read
What is a missed bid?
So just what is a missed bid? Is it a bid at all? Maybe not. First, some contract basics in regard to auctions: Bids are offers made...
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Mike Brandly, Auctioneer
Jan 18, 20163 min read
Are auctions addicting?
He played the video game Fallout 4 for three weeks solid, resulting in loss of his friends, job and wife. His suit claims that the video...
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Mike Brandly, Auctioneer
Dec 7, 20153 min read
Law, contract and customary practice in the auction business
In other words, what’s the applicable law or rule? What did the parties agree to in their contract? What is customary practice in...
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Mike Brandly, Auctioneer
Mar 20, 20143 min read
Auction law consultant
Since opening an auction school, and especially since being asked to teach auctioneer continuing education, I have become intensely...
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Mike Brandly, Auctioneer
Oct 1, 20123 min read
Auction contract with binding (or nonbinding) arbitration
As well, we’ve written about the types of contracts auctioneers enter into, or are materially involved in supervising. Two such articles...
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