Mike Brandly, Auctioneer
NAR, Auctioneers & Settlements
A few days ago the National Association of Realtors (NAR) agreed to settle a series of lawsuits (awaiting court approval) with these key...
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Mike Brandly, Auctioneer
Jan 253 min read
Expressed or the climate?
One only has to be marginally aware of the political “climate” to note that many feel it’s not the words being specifically expressed,...
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Mike Brandly, Auctioneer
Aug 12, 20232 min read
The scales of justice and auctioneers
I’ve checked this graphic over and over — the “scales of justice” — and it appears the right plate or bowl suspended from a fulcrum is no...
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Mike Brandly, Auctioneer
Jun 28, 20232 min read
Auctioneers and “survivorship bias”
During wars, planes would fly into battle, with unfortunately only some returning home. Those that did return might have bullet holes as...
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Mike Brandly, Auctioneer
Jun 22, 20232 min read
What’s a term? What’s a condition?
Auctioneers have been announcing and/or publishing their “terms and conditions” for their auctions for centuries. We look closer today...
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Mike Brandly, Auctioneer
Mar 13, 20232 min read
An auctioneer did (and didn’t) do something?
I’ve not seen such a defense of malfeasance but I would guess this is how it would play out. If an auctioneer was guilty of a crime, the...
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Mike Brandly, Auctioneer
Jan 31, 20232 min read
When you’re selling “high-valued” assets
If there’s been one consistent message I’ve tried to deliver over the past 10 years or more — it’s that when auctioneers are selling...
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Mike Brandly, Auctioneer
Nov 2, 20222 min read
Auctioneers & Agency
No agency exists unless created — and what creates it? Knowledge of the relationship, and consent to it. Agency begins with the client...
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Mike Brandly, Auctioneer
Jul 19, 20223 min read
Auction laws that are vague
I’ve repeatedly held that state and federal legislatures (and relatedly governors/presidents) aren’t terribly good at writing law, which...
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Mike Brandly, Auctioneer
Jan 27, 20223 min read
17 ways to avoid unnecessary risks
We’ve been writing and commenting regarding risk in the auction business on this platform since 2009. As a frequent auction expert...
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Mike Brandly, Auctioneer
Jan 10, 20223 min read
Don’t be the next auction test case
My friend Mike Hanley, Auctioneer wrote an inciteful analysis regarding the Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v....
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Mike Brandly, Auctioneer
Dec 26, 20214 min read
Auctioneer has the right to do whatever?
I read it, and then I read it again and yes, the claim is “Auctioneer has the right to do whatever the [heck] she or he wants to. ...
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Mike Brandly, Auctioneer
Oct 11, 20214 min read
An auctioneer court-ruling guide …
This issue really isn’t that complex, yet some still don’t seem (and/or refuse) to understand. This “court case” said this, this “court...
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Mike Brandly, Auctioneer
Aug 30, 20215 min read
Bidder know? Hear? Understand?
Case law for auctioneers is important. Since 2010 we’ve taught such classes across the United States and auctioneers tell me it’s some...
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Mike Brandly, Auctioneer
Aug 26, 20213 min read
Bidders — buyers — “ghosting” auctioneers
Do bidders who bid and win at auction … and then cease any further communication with the auctioneer/seller deserve our further attention?...
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Mike Brandly, Auctioneer
Aug 9, 20212 min read
Sell absolute and end up in court?
I hear this on a somewhat regular basis … “Don’t hold absolute auctions so you can stay out of court.” I’m certainly aware some of the...
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Mike Brandly, Auctioneer
Jun 28, 20213 min read
Auctioneers: win or lose, you lose
It appears to some people that if I list a dozen lawsuit citations, all pointing out that courts around the United States say that...
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Mike Brandly, Auctioneer
May 18, 20213 min read
Changing the “order of sale?”
Your auction is set. As you have advertised on your website and posted at the auction, you will start in the front yard at 10:00 am and...
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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
Jan 15, 20212 min read
Auctioneers: When is a lack of evidence … evidence?
I majored in Mathematics at The Ohio State University. One of my several particular interests in math was prime numbers. As most of you...
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