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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


Auctioneers … what are you thinking?
I regularly see auctioneers ask on social media and otherwise — “What platform?” and the answers are varied. Yet, there are always a few...

Mike Brandly, Auctioneer
Apr 14, 20232 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


Auction bid calling creates contracts
Yes, absolutely, live bid calling (and even online auctions) create contracts. One such contract is when the auctioneer (or software)...

Mike Brandly, Auctioneer
Mar 28, 20232 min read


Auctions and a “level playing field”
It’s unfortunate that yet again we have to note that horrible advice was fortunately countered by the West Virginia Supreme Court of...

Mike Brandly, Auctioneer
Mar 24, 20232 min read


Should “US” sell only to “US?”
I noted a preposterous proposal — that given there has been so much land purchased by “foreigners” in the United States auctioneers can...

Mike Brandly, Auctioneer
Mar 22, 20232 min read


The importance of talent
Auctioneers and auction companies sell a wide variety of properties worldwide. In the United States, a wide variety of specialized...

Mike Brandly, Auctioneer
Mar 20, 20233 min read


Except whatever else we express?
Could an auctioneer say that except for what he expresses (at a certain time) buyers cannot rely on anything else he expresses (at other...

Mike Brandly, Auctioneer
Mar 15, 20233 min read


An auctioneer did (and didn’t) do something?
I’ve not seen such a defense of malfeasance but I would guess this is how it would play out. If an auctioneer was guilty of a crime, the...

Mike Brandly, Auctioneer
Mar 13, 20232 min read
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