Mike Brandly, Auctioneer
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
Sep 28, 20203 min read
Escalation clauses and auctions
In so-called “hot” real estate markets (seller markets,) often sellers are presented with multiple offers soon after listing. In such...
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Mike Brandly, Auctioneer
Aug 17, 20202 min read
You can … so you should?
I continue to see it over and over … “You as an auctioneer can …” and then radio silence. A follow-up in the minds of auctioneers might...
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Mike Brandly, Auctioneer
Aug 11, 20202 min read
What are “Auction prices?”
Of course, we know that “Auction prices” are the prices obtained at public auctions. Our question is more so … What is the message when...
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Mike Brandly, Auctioneer
Jul 13, 20202 min read
Expert witness standards
Many people every day of the week testify in courts and otherwise as expert witnesses. I’ve testified dozens of times as such and today...
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Mike Brandly, Auctioneer
Jun 30, 20202 min read
How different attorneys can (and shouldn’t) help auctioneers
As one who’s worked with attorneys all over the United States as an expert witness, I’ve personally experienced these various roles and...
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Mike Brandly, Auctioneer
Jun 1, 20202 min read
Auctioneers “Can too …” defenses
Here’s what we’re seeing — and hearing as auctioneers: “You may have been told that you can’t do … something … and actually you can.” ...
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Mike Brandly, Auctioneer
May 23, 20202 min read
What causes [auctioneer] bad behavior?
As we get phone calls and emails from attorneys all over the United States, asking if we can be of assistance in litigation, sometimes,...
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Mike Brandly, Auctioneer
Apr 21, 20203 min read
What kind of auctioneer do you want to be?
Yet, we don’t have to be. The law (apparently) lets us auctioneers disclaim everything (possibly not expressed warranties) but what are...
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Mike Brandly, Auctioneer
Apr 16, 20202 min read
Conflict of interest for an auctioneer
A common definition of “conflict of interest” is, “a set of circumstances that creates a risk that professional judgment or actions...
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Mike Brandly, Auctioneer
Apr 10, 20202 min read
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
Apr 7, 20203 min read
You have to be willing to be hated?
Facebook messages and phone calls from other auctioneers — almost every day. Maybe we all do? Most of these questions from auctioneers...
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Mike Brandly, Auctioneer
Dec 23, 20192 min read
Can auctioneers be presumed guilty?
Supreme Court of the United States case Coffin v. United States, 156 U.S. 432 (1895) and numerous subsequent cases has established the...
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Mike Brandly, Auctioneer
Nov 27, 20192 min read
Courts, venue and your auction terms and conditions
However, a court says that because you have had emails, phone calls and/or website advertising into the state of Alaska the dispute...
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Mike Brandly, Auctioneer
Aug 22, 20192 min read
Auctioneers and the statute of limitations
While the “statute of limitations” varies around the United States and by circumstance, many states have a general four-year statute of...
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Mike Brandly, Auctioneer
Jan 23, 20193 min read
Auctioneer opinions?
Mike Brandly, Opening Speaker, Ohio Auctioneers Association Conference 2019, Columbus, Ohio Seemingly everyone has an opinion about...
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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
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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