Mike Brandly, Auctioneer
Forced to be the high bidder
Most people probably know that someone can’t be “forced” to sign a contract binding their performance rendering it invalid (or at minimum...
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Mike Brandly, Auctioneer
Sep 10, 20212 min read
We shouldn’t let bidders retract their bid?
We as auctioneers shouldn’t let bidders retract a bid once made? In other words, the highest bid (and bidder) as all other bids don’t...
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Mike Brandly, Auctioneer
Jul 12, 20213 min read
Consensus of value at auction
We’ve not only written about how auctions are collaborative in nature, but that auctioneers and sellers really only need the highest...
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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
Apr 6, 20213 min read
“Sold!” to the previous online bidder
This issue arises not only in online auctions, but live auctions as well. The high bidder prior to the lot being denoted, “Sold!” wishes...
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Mike Brandly, Auctioneer
Mar 17, 20203 min read
Does auction law have to catch up with technology?
Contract law has been around since the middle ages — meaning that contracts start with an offer and form with acceptance and in today’s...
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Mike Brandly, Auctioneer
Jun 6, 20182 min read
Absolute with bid then retraction
An attorney called and asked me if his client-auctioneer had to right to withdraw a property after receiving a bid on the property in an...
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Mike Brandly, Auctioneer
Mar 26, 20183 min read
Bidder vs buyer performance breach
Our discussion today regards what can — or should — auctioneers do in such instances. Is there anything they can do? If you’re not...
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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
Nov 9, 20172 min read
The UCC 2-328 Sentence #9 (of 9)
UCC § 2-328 (Sale by Auction) only has nine sentences, but they all are widely misunderstood. Here we take a look at sentence #9,...
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Mike Brandly, Auctioneer
Nov 6, 20172 min read
The UCC 2-328 Sentence #8 (of 9)
UCC § 2-328 (Sale by Auction) only has nine sentences, but they all are widely misunderstood. Here we take a look at sentence #8,...
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Mike Brandly, Auctioneer
Nov 2, 20172 min read
The UCC 2-328 Sentence #7 (of 9)
UCC § 2-328 (Sale by Auction) only has nine sentences, but they all are widely misunderstood. Here we take a look at sentence #7,...
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Mike Brandly, Auctioneer
Feb 22, 20172 min read
Is it ever legal to retract your bid?
Here’s the article, titled “Absolute versus reserve auctions: Is it ever legal to retract a bid?” The subtitle of Wayne’s article...
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Mike Brandly, Auctioneer
Apr 2, 20132 min read
The withdrawal at absolute auction
Yet, it’s maybe the most misunderstood (or at least the most misinterpreted) four paragraphs of law involving auctioneers. Today we focus...
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Mike Brandly, Auctioneer
Jun 15, 20123 min read
Auctioneer: “Let’s take a break …”
The highly anticipated auction at the Springfield VFW hall started at 5:00 p.m. with over 120 in the room. The initial bid was $1,000 per...
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Mike Brandly, Auctioneer
Dec 11, 20113 min read
Retraction made while the hammer is falling?
One such “playing field” issue is that outside of seller withdrawal, the buyer may retract his bid anytime before the property is deemed...
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Mike Brandly, Auctioneer
Jun 20, 20113 min read
No customary closing?
The joy of teaching is almost always amplified by questions and commentary from attendees before class, at breaks and after class; nearly...
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Mike Brandly, Auctioneer
Dec 28, 20104 min read
Old English Auction Case Law
While the United States has developed many such auction and auctioneer laws, English (United Kingdom) courts in the 1700’s and 1800’s...
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Mike Brandly, Auctioneer
Nov 19, 20102 min read
When the auctioneer says, “Sold!”
What does it mean when the auctioneer says, “Sold!?” In the United States, contract law is fairly clear that upon the declaration of...
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Mike Brandly, Auctioneer
Jul 24, 20103 min read
Can auctioneers reopen the bidding?
As we have noted before, auctioneer bid calling is a series of oral contracts. A bid is received from a bidder and is accepted by the...
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