#possession

Mike Brandly, Auctioneer

Oct 28, 20213 min read

Title, possession, and risks

Most agree that the Uniform Commercial Code (UCC) suggests that by default, once an auctioneer says, “Sold!” title transfers at that time...

Mike Brandly, Auctioneer

Jul 20, 20212 min read

A quick reference: when the auction buyer …

Auctioneers and their sellers occasionally encounter issues with buyers. Mostly these issues involve (personal property) possession...

Mike Brandly, Auctioneer

Dec 28, 20173 min read

Auctions with lost, misplaced and/or abandoned property

Property is generally deemed to have been … Lost if it is found in a place where the true owner likely did not intend to set it down, and...

Mike Brandly, Auctioneer

Aug 24, 20172 min read

Auction: Control and possession of firearms

We continue to analyze prudent behavior for auctioneers when selling firearms at auction. In this treatise, we address specifically an...

Mike Brandly, Auctioneer

Aug 21, 20172 min read

Auctioneer, FFL and Contracts

More specifically, as we have written before, the non-FFL auctioneer can sell firearms in basically one situation: The sole circumstance...

Mike Brandly, Auctioneer

Mar 9, 20173 min read

When does title transfer at an auction?

Absent any contract provisions to the contrary, for personal property the UCC § 2-401 will be applicable here. For real property, title...

Mike Brandly, Auctioneer

Nov 10, 20163 min read

Auction title and possession

At auction, the words, “title” and “possession” take on somewhat special meaning — but not all that special. In a personal property...

Mike Brandly, Auctioneer

Jun 22, 20153 min read

Gun buyer at auction is denied

Federal Firearms Licensee (FF.) The buyer fills out the ATF Form 4473 and subsequently is denied possession of the gun. Upon denial, the...