Mike Brandly, Auctioneer
Auctioneers claiming “sole discretion”
Auctioneers like having a lot of discretion. Steve Proffitt held auctioneers should have little or no discretion and I tend to agree: ...
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Mike Brandly, Auctioneer
Nov 11, 20213 min read
Auction disclosures in 1-pt type?
I recently testified in yet another auction case. The issue was basically a “title issue” which wasn’t adequately disclosed (in my...
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Mike Brandly, Auctioneer
Jun 24, 20213 min read
A common law adhesion standard
I wonder if these six points below sound familiar to any auctioneer in regard to their buyer registration terms and conditions (a.k.a....
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Mike Brandly, Auctioneer
May 27, 20213 min read
Bidders agreeing or contracting?
We’ve held here on this platform and otherwise that an “agreement” and a “contract” are essentially the same things — one sounding a bit...
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Mike Brandly, Auctioneer
May 25, 20213 min read
Did you really agree with (to) those terms?
Bidders don’t read. Bidders don’t understand. Bidders ignore what we tell them. Yet, we auctioneers write our own terms and conditions...
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Mike Brandly, Auctioneer
Nov 10, 20203 min read
Auction bidders, buyers & sellers
Are you as an auctioneer growing weary of auction bidders? They bid and then get outbid and cry foul. They win as the highest bidder...
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Mike Brandly, Auctioneer
Oct 27, 20203 min read
Unless the circumstances indicate otherwise
Auctioneers can disclaim warranties for fitness and merchantability regarding property they are putting up for auction … typically by...
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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 5, 20202 min read
Auctioneers individual rights vs any one else’s
In other words, you can do whatever you want, and I can do whatever I want? In fact, most auctioneers would likely agree that: Safety is...
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Mike Brandly, Auctioneer
Oct 22, 20183 min read
I’d rather buy from Amazon than at auction; is it any wonder?
Amazon.com (or countless other online retailers.) Let’s see, what’s involved in such a transaction? Click? Yep, pretty much. No...
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Mike Brandly, Auctioneer
Apr 19, 20183 min read
Extraordinary liquidated damages in auction contract
Apparently, this auctioneer had (and maybe still has) severe financial penalties in his contract with his seller payable to him — in the...
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