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Car auction lights
What do those lights mean at a car auction? There is certainly no nationwide standard, but there is a pattern. Generally, most all buyers...

Mike Brandly, Auctioneer
Mar 27, 20171 min read


Unconscionable auction terms
Frequently and particularly at his monthly coin auctions, bidders seem to bid at the last second, resulting in some bids being missed,...

Mike Brandly, Auctioneer
Mar 21, 20173 min read


Auctioneers recording themselves
For that matter, people at auctions record video and take pictures frequently. They take pictures of the themselves, auctioneers, staff,...

Mike Brandly, Auctioneer
Mar 20, 20172 min read


When does title transfer at an auction?
Absent any contract provisions to the contrary, for personal property the UCC § 2-401 will be applicable here. For real property, title...

Mike Brandly, Auctioneer
Mar 9, 20173 min read


Is accepting sealed bids an auction?
In fact, our topic today is more something Manson talks about within his numerous responsibilities of this three-day seminar. Our...

Mike Brandly, Auctioneer
Mar 7, 20174 min read


Writing auction contracts to educate people?
I was asked just today in a seminar I was teaching what I thought of this phrase … what I thought it meant for auctioneers. I have to...

Mike Brandly, Auctioneer
Feb 24, 20175 min read


Live auction credit card chargebacks
We wrote about credit card chargebacks in 2012, largely looking at when the buyer is out of town — or across the country — and the...

Mike Brandly, Auctioneer
Jan 10, 20172 min read


Another wacky auction legal argument
I have read virtually every article, book and blog regarding auction law and/or customary practice that exists. And I’ve sure seen some...

Mike Brandly, Auctioneer
Dec 16, 20162 min read


Auctioneer Discretion and Control in Registering Bidders
In so doing, I always stress the importance of knowing the law as well as customary practice regarding the auction industry. One topic...

Mike Brandly, Auctioneer
Dec 12, 20164 min read


Hiring an auctioneer without a written contract
“I hired an auctioneer and things didn’t go right … so what can I do? I don’t have a written contract.” Our first question might be,...

Mike Brandly, Auctioneer
Oct 31, 20162 min read


Who can sign?
In more modern times, and certainly in most auctioneer-license states, auctioneers endeavor (or are required) to enter into a written...

Mike Brandly, Auctioneer
Oct 11, 20162 min read


An auction where 2=1?
In contrast, we work in an environment of “customary practice” more than anything else. What we do — how we operate — our procedures —...

Mike Brandly, Auctioneer
Aug 1, 20163 min read


Auctioneer non-compete clauses
Roy is the regular auctioneer for this three hour event, but during the spring and fall, his farming operation requires he find a...

Mike Brandly, Auctioneer
Jul 11, 20163 min read


Auction scheduled and auctioneer dies …
Our study today involves this question: “Did the seller (client) hire that specific auctioneer, and would that principal be okay with...

Mike Brandly, Auctioneer
Jul 4, 20162 min read


Does a bid number grant the right to bid?
There was a large crowd in attendance. People just parked, walked up to the auction area, and started bidding. No registration; no...

Mike Brandly, Auctioneer
Jun 28, 20162 min read


Auction bidder drunk, high, or otherwise impaired?
Auctioneers are presented with these situations, and usually have one or more of the three following questions: “Can I take his bid?” “If...

Mike Brandly, Auctioneer
May 5, 20162 min read


Auctions with shared costs
Many auctioneers have auctions at facilities such as a fairgrounds, community center, and the like. These facilities charge rent — say...

Mike Brandly, Auctioneer
Apr 22, 20162 min read


Auctioneers: always written contracts
That’s because I thought every auctioneer knew this, and such writing would be largely uninteresting; however, I have been convinced of...

Mike Brandly, Auctioneer
Apr 19, 20162 min read


Benefit auctioneer shouldn’t charge?
Currently in the United States, there are over 1.5 Million nonprofit organizations. About half of these nonprofits (charitable...

Mike Brandly, Auctioneer
Apr 1, 20162 min read


Law, contract and customary practice in the auction business
In other words, what’s the applicable law or rule? What did the parties agree to in their contract? What is customary practice in...

Mike Brandly, Auctioneer
Dec 7, 20153 min read
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