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Can the seller, client, or consignee dictate your commission?
Countless auctioneers work with sellers, clients, or consignees and many times the auctioneer dictates the commission or charge for their...

Mike Brandly, Auctioneer
Jun 2, 20232 min read


Auctioneers, value, price, and speech
Auctioneer says it’s worth $40,000 and it sells for $25,000. Another auctioneer says it’s worth $10,000 and it sells for $25,000. Our...

Mike Brandly, Auctioneer
May 30, 20232 min read


No auction works unless …
See, that marketplace auction platform didn’t work. However, it is the platform or is it the auctioneer? Let’s explore. In fact, it...

Mike Brandly, Auctioneer
May 25, 20233 min read


Probably unenforceable auction terms …
They get copied, and copied, and copied … and auctioneers really don’t pay any attention because it’s what some other auctioneer is...

Mike Brandly, Auctioneer
May 22, 20233 min read


Auctioneers … would a space or two help?
I’m viewing an online auction on my phone (as most do) and I realize space is a premium. Yet, I see “High Bid:111.00 USD” and have to...

Mike Brandly, Auctioneer
May 19, 20232 min read


Reserve auction needs reserves?
The argument for with reserve auctions goes like this: The high bids on lots were below market value, and as such, the reserve auction...

Mike Brandly, Auctioneer
May 17, 20232 min read


Auctioneers: “I shouldn’t be required to take CE”
There are auctioneers in the United States arguing they should not be required to take any continuing education (CE) as practicing...

Mike Brandly, Auctioneer
May 15, 20232 min read


Who should interpret auction licensing law?
There’s an interesting trend underway in the United States … where states and courts are considering (and ruling) that the legislative...

Mike Brandly, Auctioneer
May 11, 20232 min read


Auctioneers are being misled …
Time and time again, auctioneers are trying to find the “right platform” to use for their online auction. Their concerns, however,...

Mike Brandly, Auctioneer
May 8, 20232 min read


Buyer’s premiums can help sellers
You are an auctioneer and you don’t charge a buyer’s premium. Why not? I continue to hear that charging such is a disservice,...

Mike Brandly, Auctioneer
May 4, 20234 min read


Auctioneer says, “I’m just bid calling …”
I’ve heard for years in regard to firearm laws and many other topics, auctioneers desiring to disclaim any responsibility say “I’m just...

Mike Brandly, Auctioneer
May 1, 20232 min read


You can charge a buyer’s premium …
Auctioneers who charge a buyer’s premium are being told they shouldn’t be charging a buyer’s premium. Maybe auctioneers who solely...

Mike Brandly, Auctioneer
Apr 28, 20233 min read


A BP is not a disservice to a seller
Buyer’s premiums have been used in the United States since 1977. There are very few — if any — online auction bidders unfamiliar with...

Mike Brandly, Auctioneer
Apr 26, 20232 min read


Auctioneers, 501(c)(3)’s, Firearms
The selling of firearms by auction is highly regulated. The federal government dictates there is [typically] only one scenario where the...

Mike Brandly, Auctioneer
Apr 24, 20233 min read


White-label platforms outperform marketplaces?
This is being proposed by largely white-label platform users — that their non-marketplace platforms outperform marketplace platforms. ...

Mike Brandly, Auctioneer
Apr 18, 20233 min read
![Does the UCC [§ 2-328] only apply to “auctioneers?”](https://static.wixstatic.com/media/69aad9_ac1d82058ed84eed8a7d5eff653a8065~mv2.jpg/v1/fill/w_333,h_250,fp_0.50_0.50,q_30,blur_30,enc_avif,quality_auto/69aad9_ac1d82058ed84eed8a7d5eff653a8065~mv2.webp)
![Does the UCC [§ 2-328] only apply to “auctioneers?”](https://static.wixstatic.com/media/69aad9_ac1d82058ed84eed8a7d5eff653a8065~mv2.jpg/v1/fill/w_454,h_341,fp_0.50_0.50,q_90,enc_avif,quality_auto/69aad9_ac1d82058ed84eed8a7d5eff653a8065~mv2.webp)
Does the UCC [§ 2-328] only apply to “auctioneers?”
The Uniform Commercial Code § 2-328 is titled “Sale by auction.” It appears the drafters assumed anyone who is selling property by...

Mike Brandly, Auctioneer
Apr 12, 20232 min read


We don’t sell those so we … throw them away?
Auctioneers are typically agents for sellers. As such, the seller puts their property in the hands of the auctioneer and trusts the...

Mike Brandly, Auctioneer
Apr 10, 20232 min read


More on auction contract assignability
We wrote that bid-calling contracts are assignable focusing on the bidder’s (or buyer’s) ability to assign their equity to another...

Mike Brandly, Auctioneer
Apr 6, 20233 min read


United States v. Barry D. Dyer, Mackie E. Shelton
In the case, United States of America v. Barry D. Dyer, Mackie E. Shelton 1:21-CR-00016-GNS, these two defendants were accused of...

Mike Brandly, Auctioneer
Apr 3, 20232 min read


Are bid-calling contracts potentially assignable?
Given that auctioneer bid calling (and online “bid calling”) obviously creates contracts, our question today involves if a high bidder...

Mike Brandly, Auctioneer
Mar 31, 20232 min read
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