Mike Brandly, Auctioneer
Absolute but reserve not met?
Sometimes it’s this flagrant. The auction is advertised as absolute but it’s not. Why would an auctioneer do this? The word,...
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Mike Brandly, Auctioneer
Nov 9, 20222 min read
“Buy at your price” … or not.
Let’s see … I can buy “this” property for my price so I’m thinking I can determine the price. Of course, if it’s an auction, I’ll...
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Mike Brandly, Auctioneer
Jul 14, 20223 min read
May attempt to describe?
We’ve noted that auctioneers cannot disclaim expressed warranties, and shouldn’t disclaim implied warranties, but many mistakenly...
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Mike Brandly, Auctioneer
Jun 11, 20222 min read
At an auction, it “appears” to be …
I’ve said it, primarily because I had heard other auctioneers say it when I attended auctions as an adolescent. For this writing, we’re...
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Mike Brandly, Auctioneer
May 31, 20223 min read
Is it what the auctioneer said it is?
We have written lately and otherwise about auctioneers saying something is “something” and then disclaiming that this same property is...
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Mike Brandly, Auctioneer
Jan 22, 20222 min read
Auctioneers and secret profits
As I teach real estate law for Hondros College, we have discussed with students for many years — albeit briefly — “secret profits” … and...
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Mike Brandly, Auctioneer
Jan 19, 20223 min read
Buyer’s premiums charged, retained
Let’s see … Tracy hires an auctioneer to sell her family’s farm equipment and tools including tractors, tillage equipment, mowers, and...
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Mike Brandly, Auctioneer
Jan 17, 20222 min read
Buyer’s Premium in the contract
Auctioneers all over the United States charge a buyer’s premium (buyer’s fee or surcharge in Wisconsin) and many have such provisions in...
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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
Sep 27, 20213 min read
Auctioneers and “times the money?”
For centuries auctioneers have — with a number of similar (or nearly identical) items — sold them “all for one money” or “choice” and/or...
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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
Apr 20, 20213 min read
Perfect, flawless … or is it?
We’ve written about this issue numerous times. Something is held to be a certain type, condition … only to be disclaimed by the famous...
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Mike Brandly, Auctioneer
Feb 17, 20214 min read
Are auctioneers intentionally misleading buyers?
I’ve probably written about this issue more than any other. The question is essentially “Why are auctioneers intentionally misleading...
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Mike Brandly, Auctioneer
Oct 27, 20203 min read
Unless the circumstances indicate otherwise
Auctioneers can disclaim warranties for fitness and merchantability regarding property they are putting up for auction … typically by...
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Mike Brandly, Auctioneer
Aug 10, 20202 min read
Auctioneers, adjectives, and adverbs
The political climate is truly changing our (auctioneers’) language. I continue to hear it again and again and again and again as I...
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Mike Brandly, Auctioneer
Mar 4, 20202 min read
How does an “absolute” auction not sell?
“How did this absolute auction property not sell?” — or the like — is the type of question I get. Due to an absolute auction being “The...
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Mike Brandly, Auctioneer
Jan 16, 20203 min read
Maybe auctioneers shouldn’t lie … at all?
Except for recent legislation in California, a bid by or for the seller can be portrayed as someone else’s bid — namely a disinterested...
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Mike Brandly, Auctioneer
Dec 18, 20192 min read
Auctioneers representing property
When auctioneers do anything other than “properly represent” anything they are putting up for auction, they are doing a disservice. For...
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Mike Brandly, Auctioneer
Dec 16, 20192 min read
An auctioneer and the “just joking” defense
Facebook concerning Time Magazine. Indeed some people — when confronted with facts counter to their claims — use the “just joking”...
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Mike Brandly, Auctioneer
Nov 25, 20194 min read
Sales talk and puffing held as fact
We’ve written about sales talk or puffing more than once, including here: https://mikebrandlyauctioneer.wordpress.com/2011/11/15/puffing-...
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