Mike Brandly, Auctioneer
All “genuine” but no warranty it is?
It could be jewelry, coins, statuary, firearms, pottery, or any number of things. For example, if it’s an 1895-CC Morgan Silver Dollar,...
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Mike Brandly, Auctioneer
Oct 25, 20233 min read
Reopen with a tie bid is fair to both?
Countless auctioneers and those in the auction business believe they have the discretion per state law to reopen a so-called “tie-bid” —...
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Mike Brandly, Auctioneer
Oct 4, 20232 min read
How much is (+) or (-) at auction?
Auctions sometimes involve approximations. For instance, a vase is 9″ (+/-) or the real property lot is 1.25 acres (+/-). Of course,...
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Mike Brandly, Auctioneer
Jan 12, 20224 min read
Alex Lyon case and the larger issue
We continue to hold that the Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v. Leach, 844 S.E.2d 120 (W.Va. 2020) case was...
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Mike Brandly, Auctioneer
Dec 31, 20215 min read
Auctioneers: Less risk? Who decides?
There’s no question that there is increasing risk being an auctioneer and it is an out-and-out fallacy that all this risk is largely...
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Mike Brandly, Auctioneer
Aug 2, 20213 min read
Can an online auction platform be too easy to use?
There may not be an auctioneer who has not said, “Why can’t the online platform be easier to use?” or similar words expressing...
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Mike Brandly, Auctioneer
Jul 29, 20212 min read
Auctioneers, the law says … and
Treat sellers, bidders, and buyers with good behavior? Endeavor to be fair and reasonable? Are these good thoughts to have when...
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Mike Brandly, Auctioneer
May 21, 20213 min read
Every auctioneer in court hears …
After sitting in courtrooms around the country, helping attorneys and their clients in auction litigation cases, I have to say that...
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Mike Brandly, Auctioneer
May 20, 20213 min read
What is an “order of sale?”
Countless auctioneers announce (expressed) or post (expressed) or suggest (imply) some sort of “order of sale” at the start of any live,...
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Mike Brandly, Auctioneer
May 17, 20213 min read
You don’t have an “order of sale?”
Your auction is set to start in about an hour (if you actually decide to start in about an hour?) and I’m an interested bidder. I’ve...
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Mike Brandly, Auctioneer
May 10, 20213 min read
Online bidder retraction mechanics
We previously wrote that in an online auction, high bidders have the right (state law) to retract their bids prior to, “Sold!” We also...
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Mike Brandly, Auctioneer
May 5, 20213 min read
Should auctioneers be ethical?
We have held for decades that auctioneers should be ethical — without possibly expressing that exact wish on this platform. We have,...
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Mike Brandly, Auctioneer
Jan 27, 20213 min read
Auctioneers opposed to “equity”
Suddenly I’m seeing again that “equity” is a bad thing — especially if you say it into a microphone more than once. No, not “equity”...
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Mike Brandly, Auctioneer
Nov 25, 20203 min read
Auction buyer didn’t pay
All auctioneers probably have high bidders (buyers) who refuse to pay. What is an auctioneer to do? It appears the solution is vested...
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Mike Brandly, Auctioneer
Jul 2, 20202 min read
Disclosing what you should know
This is an “Iron Clad” 4 Quart Watering Can. Best I can tell it’s in good shape and likely is able to water plants, flowers, grass,...
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Mike Brandly, Auctioneer
Jun 21, 20202 min read
Auctioneers and what’s reasonable
A host of laws and rules auctioneers are encouraged to follow use the word, “reasonable.” So, what does reasonable mean? I have joked...
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Mike Brandly, Auctioneer
Jun 19, 20202 min read
Bidder can’t reasonably inspect?
I’ve had this question dozens of times when I talk about pre-auction inspection opportunities. That question is generally, “What if the...
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Mike Brandly, Auctioneer
May 31, 20202 min read
Auctions, fairness and equity
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) was a case in New York where the seller of a home previously held as “haunted”...
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Mike Brandly, Auctioneer
Apr 23, 20203 min read
Gap-filling and we’re just stopping for one drink?
The UCC § 2-328 does indeed allow for modification — but more importantly the obligations of good faith, diligence, reasonableness, and...
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Mike Brandly, Auctioneer
Feb 10, 20202 min read
Auction cancellation fee that is fair
As such, in the National Auctioneers Association award-winning magazine (Auctioneer, December 2019/January 2020) Matthew Parker...
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