Mike Brandly, Auctioneer
The UCC 2-328 and the withdraw’s missing noun?
In that time, I have covered each word of the UCC 2-328 (all 254 words) hundreds of times, to groups as large as 170 attendees in one...
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Mike Brandly, Auctioneer
Sep 11, 20122 min read
Seller withdrawal; excessive penalties
She wishes to withdraw some consigned firearms, and place reserves on others, after signing a without reserve auction contract with an...
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Mike Brandly, Auctioneer
Sep 9, 20123 min read
Auctioneer says you can withdraw with penalty?
Claire decided after consigning some firearms, she wished to withdraw some of them, and place reserves on some otherwise selling without...
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Mike Brandly, Auctioneer
Sep 3, 20123 min read
Seller withdrawal or auctioneer withdrawal?
The auctioneer she chose was a Federal Firearms Licensee (FFL) with an auction facility near Louisville, Kentucky. With the auction day...
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Mike Brandly, Auctioneer
May 21, 20122 min read
Selling choice (or a right) in an absolute auction?
In essence, we asked if an auctioneer offered the high bidder choice of a group of items in an absolute auction, where that bidder could...
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Mike Brandly, Auctioneer
Jan 1, 20122 min read
Online ownership prior to auction?
For example, say the auction date is November 15. November 1 the auction house places a list of the items to be offered at auction on...
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Mike Brandly, Auctioneer
Jul 5, 20114 min read
When can the bid be reopened?
Simply put, when an auctioneer says, “Sold!” or uses some other customary closing, he or she denotes: The auctioneer cannot take any...
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Mike Brandly, Auctioneer
Jun 30, 20112 min read
If the seller bids …
The UCC 2-328 speaks to this issue in a somewhat peculiar fashion. In particular: 2-328 (4) If the auctioneer knowingly receives a bid on...
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Mike Brandly, Auctioneer
Jun 22, 20114 min read
UCC 2-328 & Reasonable Time
Bib has held over 10,000 auctions in his career — mostly livestock, farm equipment and real property. Today, Bib is holding an auction...
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Mike Brandly, Auctioneer
May 30, 20113 min read
The delicate balance of a great auction
There are also other forced sale auctions including foreclosures, repossessions and court-ordered actions (lacking the seller’s consent)....
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Mike Brandly, Auctioneer
Apr 21, 20113 min read
The initial bid at an absolute auction
While it is important to note that a few of those states have slightly modified that same state law, all those states basically operate...
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Mike Brandly, Auctioneer
Mar 26, 20115 min read
With reserve auction choices
Auctions are distinctly one of two types in the United States: “With reserve,” or “Without reserve.” If you are considering a “with...
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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
Dec 25, 20102 min read
Auctioneer says sold for wrong amount?
To generalize the question at issue, let’s say an auctioneer is selling real property at auction, and the bidding goes as such: ...
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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
Aug 13, 20103 min read
Can the auction reserve be $0.00?
As we have discussed in various posts, there are two types of auctions: With reserve Without reserve In a with reserve auction, the...
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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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Mike Brandly, Auctioneer
May 13, 20109 min read
Aberrant Auction Law, Kentucky #10
This is my tenth “aberrant auction law” find, and numbered as such. When I find more, I’ll attempt to number sequentially, although I...
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Mike Brandly, Auctioneer
Mar 19, 20103 min read
Can the auction seller waive rights granted under state law?
State law in 49 of the 50 states in the United States dictates that items may be withdrawn prior to the start of the auction, no matter...
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Mike Brandly, Auctioneer
Mar 2, 20104 min read
Why aren’t auctioneers saying, “Sold!?”
When I attended auction school, decades ago, I remember distinctly (the very first day) that we were taught to say, “Sold!” when we...
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