Mike Brandly, Auctioneer
Auctions which are — or not — fair, balanced, reasonable
UCC 2-328 as adopted by states around the United States. Then too, there is general contract law and a select number of court cases which...
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Mike Brandly, Auctioneer
Oct 8, 20182 min read
Going, going, gone … at auction
Sotheby’s recently sold a framed image of a girl reaching out for a red, heart-shaped balloon for $1.4 million. Then moments later a...
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Mike Brandly, Auctioneer
Jun 25, 20182 min read
At auction … when is it “Sold!?”
However, online it’s apparently not that clear. It could be when the auctioneer (or software) says “Sold! or it could be when the invoice...
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Mike Brandly, Auctioneer
Mar 5, 20182 min read
Minimum age to buy a firearm
That is, unless state or local laws say there are required ages in excess of 18. For example, could California say one must be 22 to buy...
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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
Jul 19, 20175 min read
‘Reasonably advantageous’ auction terms
I stay at many hotels throughout the year (although I have never stayed at the Black Bear Hotel in Allentown, Pennsylvania.) In doing so,...
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Mike Brandly, Auctioneer
Mar 15, 20173 min read
Every auction lawsuit: Perception vs. Reality
We’ve consulted in dozens of auction-related cases (litigation) since 2010. Additionally, it’s not unusual for my phone to ring...
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Mike Brandly, Auctioneer
Mar 13, 20173 min read
Should the online platform accept starting bids, max bids, fixed bids or what?
She sees one “offered” by an auctioneer in an online-only auction. She puts in her bid of $500. As Susan places her bid, she wonders …...
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Mike Brandly, Auctioneer
Jul 11, 20163 min read
Auctioneer non-compete clauses
Roy is the regular auctioneer for this three hour event, but during the spring and fall, his farming operation requires he find a...
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Mike Brandly, Auctioneer
Mar 3, 20152 min read
I’m bidding online, but where is the property?
In other words, bidders are placing bids on property (chattels) without the actual knowledge of where that property is? Certainly,...
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Mike Brandly, Auctioneer
Jun 25, 20144 min read
As-is with the emphasis on “is”
The “as-is” standard is so widely used in the United States that even the Supreme Court of the United States has discussed the issue at...
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Mike Brandly, Auctioneer
Jun 25, 20103 min read
Does anything sell at auction for less than market value?
In our article about tag (estate) sales, we noted that at an auction, everything sells for market value. We made this statement without...
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Mike Brandly, Auctioneer
Dec 10, 20092 min read
Is it always “as-is” at an auction?
Actually, most auctions have some sort of guarantee or warranty. With only a few exceptions, auctioneers warranty clear title — in other...
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