Mike Brandly, Auctioneer
What is (and isn’t) a counterbid
Some auctioneers refer to seller bidding (in a with reserve or forced sale auction) as counterbidding (counter-bidding.) Despite bids...
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Mike Brandly, Auctioneer
Aug 31, 20232 min read
You are “binding” your bidder
Auctions involve bidders making offers, and auctioneers generally accept those offers if they are higher in amount than the prior bid. ...
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Mike Brandly, Auctioneer
Sep 7, 20222 min read
Auctions regardless …
I see the use of the word, “regardless” every day in the auction business. For instance: Selling absolute to the highest bidder...
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Mike Brandly, Auctioneer
Feb 11, 20202 min read
The question was, “Can I bid what I want to bid?”
https://mikebrandlyauctioneer.wordpress.com/2014/08/11/bid-calling-is-just-numbers/. An out-of-town bidder arrived at our auction house...
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Mike Brandly, Auctioneer
Nov 26, 20182 min read
Bid calling and the mailbox rule
Mark Younger and his staff helping our client sell over 3,300 lots. Several times during these recent auctions, it must have appeared to...
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Mike Brandly, Auctioneer
Oct 3, 20182 min read
Make an auction offer irrevocable … accept it.
As most know, in contract law offers basically remain open until acceptance, rejection, revocation, expiration, operation of law, death,...
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Mike Brandly, Auctioneer
Oct 1, 20182 min read
The highest price … or the highest offer?
Song Dynasty. One such example came up for auction in London, England and Dr. Yao planned to attend and bid. The day of the auction, Dr....
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Mike Brandly, Auctioneer
Feb 15, 20183 min read
Auctioneers bid calling faster than bidders can bid … or not
It is no wonder that we as auctioneers have a bad reputation among many people. We still have auctioneers that play games at their...
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Mike Brandly, Auctioneer
Feb 8, 20183 min read
Is that next bid a higher bid?
However, what if my $270 bidder was paying with a credit card costing the seller 3.5% and the $265 bidder is paying cash? $270 minus 3.5%...
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Mike Brandly, Auctioneer
Jan 29, 20183 min read
I have it but I don’t … and then again, again, again …
https://mikebrandlyauctioneer.wordpress.com/2010/02/04/unethical-bid-calling-3-he-loves-me-he-loves-me-not/ Amplifying this attorney’s...
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Mike Brandly, Auctioneer
Dec 18, 20172 min read
Can your bidder’s offer (bid) be irrevocable?
https://mikebrandlyauctioneer.wordpress.com/2014/08/11/bid-calling-is-just-numbers/ A twist on this offer and acceptance is that some...
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Mike Brandly, Auctioneer
Dec 11, 20172 min read
Selling absolute mandates you “reopen bids?”
However, does selling absolute mandate you reopen the bid if another bid comes in as the hammer is falling, after the hammer falls, after...
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Mike Brandly, Auctioneer
Dec 7, 20172 min read
Absolute and the high bidder isn’t the buyer?
If you don’t, your seller is open to a lawsuit by the high bidder seeking specific performance. In other words, the high bidder (even if...
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Mike Brandly, Auctioneer
Dec 1, 20172 min read
Can auctioneers ignore bids?
It’s important for auctioneers to understand that first — they are typically agents for the seller (unless they are the seller,) and not...
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Mike Brandly, Auctioneer
Nov 24, 20173 min read
Negotiating with a “cut” bidder
www.fasttalkingpodcast.com — about cut bids (https://mikebrandlyauctioneer.wordpress.com/2017/11/21/as-the-auctioneer-do-you-have-to-take...
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Mike Brandly, Auctioneer
Nov 21, 20172 min read
As the auctioneer, do you have to take a “cut” bid?
This cut bid in our example is an offer, and our question involves if the auctioneer/seller must accept it. The answer depends upon the...
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Mike Brandly, Auctioneer
Sep 21, 20172 min read
A curious auction claim — and a “slip of the tongue”
As Mr. Sharif knew well, in American Contract Bridge rules, bids by players which are deemed inadvertent (a slip of the mind, slip of the...
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Mike Brandly, Auctioneer
Jul 28, 20174 min read
The integrity of the bidding process
Our topic today specifically regards bankruptcy auctions, but applies equally and reasonably to any type of auction anywhere in the...
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Mike Brandly, Auctioneer
Jan 26, 20172 min read
Missed or misplaced bids?
That contention encompasses that it is the responsibility of the bidder to make his bid known, rather than the responsibility of 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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