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“Sold!” shouldn’t be a lie
Who else in commerce lies to customers and gets away with it? If Walmart is advertising a sale, and then you get there and they aren’t —...

Mike Brandly, Auctioneer
Jan 3, 20203 min read


The costs and benefits of reopening or not reopening the bid
First, here’s a consideration — as we published and commented regarding in 2017: https://mikebrandlyauctioneer.wordpress.com/2017/07/28/...

Mike Brandly, Auctioneer
Jan 2, 20203 min read


Auctions which are — or not — fair, balanced, reasonable
UCC 2-328 as adopted by states around the United States. Then too, there is general contract law and a select number of court cases which...

Mike Brandly, Auctioneer
Jan 1, 20203 min read


United States v. Blair, 193 F.2d 557 (10th Cir. 1952)
The essence of this case is noted here: On Friday, July 25, 1947, the War Assets Administration conducted a sale of war surplus property...

Mike Brandly, Auctioneer
Dec 31, 20196 min read


John Stephen Proffitt III and your right to reopen the bid
Steve Proffitt in auction circles) — attorney at law and auctioneer — proposed openly and consistently that auctioneers do not have the...

Mike Brandly, Auctioneer
Dec 30, 20194 min read


Auctioneers and Second Amendment sanctuary regulations
The resolutions oppose enforcement of universal gun background checks, high capacity magazine bans, assault weapon bans, red flag laws,...

Mike Brandly, Auctioneer
Dec 26, 20193 min read


Can auctioneers be presumed guilty?
Supreme Court of the United States case Coffin v. United States, 156 U.S. 432 (1895) and numerous subsequent cases has established the...

Mike Brandly, Auctioneer
Dec 23, 20192 min read


“The chant is not important”
J. Stephen Proffitt III, Esq. (commonly known as Steve Proffitt) said it. I found such in a state auctioneer magazine published in 2011....

Mike Brandly, Auctioneer
Dec 20, 20192 min read


Auctioneers representing property
When auctioneers do anything other than “properly represent” anything they are putting up for auction, they are doing a disservice. For...

Mike Brandly, Auctioneer
Dec 18, 20192 min read


An auctioneer and the “just joking” defense
Facebook concerning Time Magazine. Indeed some people — when confronted with facts counter to their claims — use the “just joking”...

Mike Brandly, Auctioneer
Dec 16, 20192 min read


The collector car auction market
Relatedly, we wondered what the highest priced collector automobiles were sold at auction anywhere by the major car auction enterprises. ...

Mike Brandly, Auctioneer
Dec 13, 20192 min read


We sell things quicker?
Our principal, several bidders, the listing agent and our broker all commented how “quickly” this auction process moved this property,...

Mike Brandly, Auctioneer
Dec 10, 20193 min read


Residential real estate appraisal going away?
First, I am an auctioneer and appraiser and serve as Distinguished Faculty at Hondros College where I teach law, appraisal and other...

Mike Brandly, Auctioneer
Dec 6, 20193 min read


Auctioneers and misinformation …
What that doesn’t mean is that all of that data is factual; nor does it mean that with more users the data generally becomes more...

Mike Brandly, Auctioneer
Dec 4, 20193 min read


Auctioneers behaving more “reasonably”
Does this sound familiar? Bidders must agree to sales which are “as-is” where-is, all selling “with reserve,” we’ll be taking fictitious...

Mike Brandly, Auctioneer
Dec 2, 20192 min read


Courts, venue and your auction terms and conditions
However, a court says that because you have had emails, phone calls and/or website advertising into the state of Alaska the dispute...

Mike Brandly, Auctioneer
Nov 27, 20192 min read


Sales talk and puffing held as fact
We’ve written about sales talk or puffing more than once, including here: https://mikebrandlyauctioneer.wordpress.com/2011/11/15/puffing-...

Mike Brandly, Auctioneer
Nov 25, 20194 min read


Cheaper and easier to work without an auctioneer license?
Some occupational licenses are difficult to obtain. In a few states, a simple manicurist license takes 6 years to secure. Our question...

Mike Brandly, Auctioneer
Nov 21, 20192 min read


$400 Million at auction
However, in November 2017 Christie’s (New York) Alex Rotter relayed a phrase from a phone bidder never before heard at an art auction: ...

Mike Brandly, Auctioneer
Nov 18, 20192 min read


Auction law and absurd results
In Veronica M. Dougherty’s paper cited below, she notes this passage: The same common sense accepts the ruling, cited by Plowden, that...

Mike Brandly, Auctioneer
Nov 15, 20193 min read
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