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Auctions & the 1866 Civil Rights Act
He or she would say that it is illegal in the United States to discriminate based on race, color or ancestry in regard to real property...

Mike Brandly, Auctioneer
Oct 8, 20142 min read


Auction bidders just sitting there?
As Carl begins his “First-Saturday” monthly auction, he notices that the crowd of bidders is just sitting there. They aren’t really...

Mike Brandly, Auctioneer
Oct 3, 20142 min read


Are you offering or inviting offers?
Photograph courtesy of Art & Visual Materials, Special Collections Department, Harvard Law School Library In the United States, an...

Mike Brandly, Auctioneer
Sep 23, 20143 min read


Does the place matter?
I find my seat, and pull the Hemispheres (United Airlines) magazine from the back of the seat in front of me. My quick page scanning...

Mike Brandly, Auctioneer
Sep 19, 20142 min read


Stopping an absolute auction
The question was, “Can an auctioneer stop an absolute auction once underway …?” Let’s take a look at this sign. “Everything will be sold...

Mike Brandly, Auctioneer
Sep 16, 20142 min read


Auctioneers & the Statute of Frauds Part III
In Williston’s “Williston on Contracts” an important point about the Statute of Frauds for auctioneers is noted. In § 29:40 (4th Ed), as...

Mike Brandly, Auctioneer
Sep 15, 20143 min read


Auctions and weather
One thing that auctioneers learn early in their careers is to adapt to the weather. Are tents going to be needed? Will the parking lot...

Mike Brandly, Auctioneer
Aug 27, 20142 min read


Auctioneer doesn’t pay full price?
We previously wrote more about our operation here: http://mikebrandlyauctioneer.wordpress.com/2014/05/27/auctioneers-and-d-u-s-t/ Another...

Mike Brandly, Auctioneer
Aug 25, 20143 min read


That has sentimental value
Linda said she was keeping it, and that was fine. We still had over 1,000 lots to sell at her auction including some nice antiques and...

Mike Brandly, Auctioneer
Aug 13, 20143 min read


Bid calling is just numbers?
Actually, numbers, “Just rolling through the air?” was what I heard proposed. Auctioneers have bid called for 1,000’s of years. In the...

Mike Brandly, Auctioneer
Aug 11, 20143 min read


We’ve always done it this way …
When the conversation turns to something like the UCC 2-328, contract law, or the like, and I point out that a certain practice is...

Mike Brandly, Auctioneer
Aug 7, 20143 min read


Can an auctioneer refuse a higher bid?
It’s well established that there are only two types of auctions: Any auction is either “with reserve” or “without reserve.” And the...

Mike Brandly, Auctioneer
Aug 5, 20142 min read


All known material facts
There might not be a real estate agent in the United States who hasn’t heard these four words. A home where there was a recent murder? A...

Mike Brandly, Auctioneer
Jul 21, 20143 min read


When the auctioneer takes a bid
Equally, there seems to be lots of confusion. The auctioneer can’t bid; the auctioneer can bid; the auctioneer can maybe bid? Today, we...

Mike Brandly, Auctioneer
Jul 14, 20143 min read


The auctioneer-hiring-another-auctioneer contract
In situations such as this, it is customary for the primary auctioneer to maintain his (or her) relationship with the client(s). Then,...

Mike Brandly, Auctioneer
Jul 3, 20142 min read


More than it’s worth?
Yet, some will say, “That [whatever] sold for $29,500 at that auction, but was worth much more.” Less often, someone will say, “That...

Mike Brandly, Auctioneer
Jun 30, 20143 min read


As-is with the emphasis on “is”
The “as-is” standard is so widely used in the United States that even the Supreme Court of the United States has discussed the issue at...

Mike Brandly, Auctioneer
Jun 25, 20144 min read


Auctioneer clause concerns
Auctioneers typically enter into contracts with their sellers (clients.) These contracts often note the date and location of auction,...

Mike Brandly, Auctioneer
Jun 12, 20142 min read


Contract terms counter to law
For example in a contract to sell or an agreement to abide by certain terms and conditions, that document counters established law. Two...

Mike Brandly, Auctioneer
Jun 9, 20142 min read


Auctioneers and the number of combinations
Mary’s family has owned 2,540 acres of farmland in southern Indiana for 135 years. The land includes four homes, nine large barns, and...

Mike Brandly, Auctioneer
May 24, 20142 min read
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