Mike Brandly, Auctioneer
What is a “timely” tendered bid?
We are reminded that an auctioneer can reopen a closed bid in light of a missed timely tendered (made) bid. We ask today, what exactly...
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Mike Brandly, Auctioneer
Jun 5, 20233 min read
In the case of a tied bid, there’s not?
I’m watching an online-only auction and see the note: “In the case of a tied bid, precedence is given to the earlier bid.” My first...
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Mike Brandly, Auctioneer
Dec 22, 20213 min read
“Anyone” can register and we’ll sell to “anyone?”
I walked out of my last day of auction school many years ago … and among my many fond memories, I recalled registering bidders with the...
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Mike Brandly, Auctioneer
Jun 3, 20203 min read
So is it time to reopen?
Auctioneers all over the United States have had their businesses affected by the Coronavirus (COVID-19) — some live auctions have been...
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Mike Brandly, Auctioneer
May 9, 20202 min read
Even when your state reopens … should you have a live auction?
So what’s the risk? Besides the somewhat obvious risk that bidders don’t yet feel comfortable attending a live auction, what if someone...
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Mike Brandly, Auctioneer
Jan 2, 20203 min read
The costs and benefits of reopening or not reopening the bid
First, here’s a consideration — as we published and commented regarding in 2017: https://mikebrandlyauctioneer.wordpress.com/2017/07/28/...
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Mike Brandly, Auctioneer
Dec 31, 20196 min read
United States v. Blair, 193 F.2d 557 (10th Cir. 1952)
The essence of this case is noted here: On Friday, July 25, 1947, the War Assets Administration conducted a sale of war surplus property...
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Mike Brandly, Auctioneer
Dec 30, 20194 min read
John Stephen Proffitt III and your right to reopen the bid
Steve Proffitt in auction circles) — attorney at law and auctioneer — proposed openly and consistently that auctioneers do not have the...
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Mike Brandly, Auctioneer
Mar 11, 20192 min read
The $1,300,000 or $1,510,000 bull
Schaff Angus Valley as the seller retained possession of the bull and 20% of the semen rights, with the buyer (Herbster Angus Farms)...
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Mike Brandly, Auctioneer
Nov 10, 20183 min read
Auctions and contract symmetry
We have argued for years that auction contracts (listing contracts, consignment contracts, terms and conditions, bid calling contracts)...
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Mike Brandly, Auctioneer
Jul 26, 20183 min read
Auctioneers — you want to win in court, or stay out of court?
We’ve discussed the legal issues, merits and otherwise the prudence of following the UCC 2-328 more strictly and not modifying it per 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
Mar 23, 20173 min read
When can auctioneers reopen the bid?
Of the few court cases involving this issue, what has resulted is a somewhat mixed message about reopening for so-called tie-bids,...
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Mike Brandly, Auctioneer
Dec 20, 20162 min read
Reopen the bid to only certain bidders?
We have written extensively about auctioneers reopening the bid; for instance, here: https://mikebrandlyauctioneer.wordpress.com/2010/07...
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Mike Brandly, Auctioneer
Dec 5, 20162 min read
What “may” be auctioneers’ terms & conditions’ worst word choice
Yet, I see this word in countless auctioneers’ terms and conditions, and suggest it’s the worst possible word choice. What is this word? ...
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Mike Brandly, Auctioneer
Aug 11, 20164 min read
What is a missed bid?
So just what is a missed bid? Is it a bid at all? Maybe not. First, some contract basics in regard to auctions: Bids are offers made...
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Mike Brandly, Auctioneer
Aug 5, 20164 min read
Two confusing auction cases …
Specifically, we’ve looked closely at court cases which have concerned — and in many cases provided precedent in regard to — the auction...
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Mike Brandly, Auctioneer
Jul 28, 20165 min read
Terms which say there are “tie bids?”
Interesting that auctioneers (and attorneys advising auctioneers) are talking about putting terms addressing “tie bids” in their terms...
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Mike Brandly, Auctioneer
Dec 1, 20154 min read
UCC 2-328 & UCC 1-302
The Uniform Sales Act, drafted by Samuel Williston (1861 – 1963) who served as private secretary for U.S. Supreme Court Justice Horace...
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Mike Brandly, Auctioneer
Oct 4, 20132 min read
It’s “swart” to have a meeting
Such a meeting as this is basically conducted to ensure everyone is, “all on the same page.” This type of meeting is certainly more...
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