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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...

Mike Brandly, Auctioneer
Apr 19, 20183 min read


Auction marketing words matter
However, it seems once we as auctioneers removed the word, “Auction” or words, “Public Auction” from prominent spots in our advertising,...

Mike Brandly, Auctioneer
Apr 16, 20182 min read


“Types” of auctions and ice cream
I would offer probably not. Cases at the Supreme Court of the United States are probably the best ones to use as fact. Yet, consider...

Mike Brandly, Auctioneer
Apr 12, 20184 min read


Auction bidder buys, takes … and doesn’t pay
The question we tend to get is, “This is theft, right?” We typically answer, “Probably not, and likely only a contract breach.” ...

Mike Brandly, Auctioneer
Apr 9, 20182 min read


Auctioneers should stay in their lane
This above picture pretty much lays it out visually, in that the right lane is the absolute lane, where the seller has the genuine intent...

Mike Brandly, Auctioneer
Apr 5, 20181 min read


Different buyer’s premiums for different bidders?
We have discussed this issue numerous times including most recently here: https://mikebrandlyauctioneer.wordpress.com/2018/02/08/is-that...

Mike Brandly, Auctioneer
Apr 2, 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...

Mike Brandly, Auctioneer
Mar 26, 20183 min read


Firearms: Guaranteed and not infringed?
Bill of Rights comprises the first ten amendments to the United States Constitution. Virginia’s legislature became the last to ratify...

Mike Brandly, Auctioneer
Mar 22, 20183 min read


An auction disclaimer I saw in court
The essence of this case was the auctioneer was providing estimates of value on items being put up for auction. One such item was...

Mike Brandly, Auctioneer
Mar 19, 20184 min read


What drives bidders to an auction?
I believe that most auctioneers understand what drives interest in an auction and/or auction event — other than wanting or needing what...

Mike Brandly, Auctioneer
Mar 12, 20183 min read


Is the reserve price a material fact?
However, some information which buyers might feel is material is also by default confidential. Such is the reserve price which twice in...

Mike Brandly, Auctioneer
Mar 7, 20182 min read


Giving my advice to auctioneers
I recently returned home from what has become my annual “auctioneer convention season” including conferences and other events in Ohio,...

Mike Brandly, Auctioneer
Mar 1, 20183 min read


Don’t bid live — bid online?
Such is the case (again) with http://www.youragentbid.com (Youragentbid) as they continue to contend that they are partnering with large...

Mike Brandly, Auctioneer
Feb 26, 20183 min read


Auctioneers bid calling faster than bidders can bid … or not
It is no wonder that we as auctioneers have a bad reputation among many people. We still have auctioneers that play games at their...

Mike Brandly, Auctioneer
Feb 15, 20183 min read


Is that next bid a higher bid?
However, what if my $270 bidder was paying with a credit card costing the seller 3.5% and the $265 bidder is paying cash? $270 minus 3.5%...

Mike Brandly, Auctioneer
Feb 8, 20183 min read


The fall … falling … fallen hammer?
UCC 2-328 extensively in classes around the United States, as well as in several articles contained within this blog. One such UCC 2-328...

Mike Brandly, Auctioneer
Feb 5, 20184 min read


Won? Sold? Reopen? Exceptions?
After a bidder has won the bid with his (or her) high bid, he has become the new owner of the item, even though he may not have paid for...

Mike Brandly, Auctioneer
Feb 3, 20182 min read


Bidding with a contingency … a higher bid?
We touched on another unfortunate bid calling technique (https://mikebrandlyauctioneer.wordpress.com/2018/01/29/i-have-it-but-i-dont-and-...

Mike Brandly, Auctioneer
Feb 1, 20182 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...

Mike Brandly, Auctioneer
Jan 29, 20183 min read


At auction: Is it wanting or buying?
Marsha L. Richins of the University of Missouri wrote about our title in her paper, “When Wanting Is Better Than Having,” in the Journal...

Mike Brandly, Auctioneer
Jan 11, 20182 min read
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