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As-is and fairness
Many cars selling at auction sell, “as-is” and “where-is” and essentially include terms that the bidders are to not rely on any...

Mike Brandly, Auctioneer
May 1, 20153 min read


Can an auctioneer say, “Sold!” and not mean it?
This typically involves promises between buyer and seller to provide the subject property to the high bidder and making the related...

Mike Brandly, Auctioneer
Apr 29, 20153 min read


Auction marketing — push or pull?
This advertising was sometimes augmented with mailings (postcards, letters and catalogs) along with signs and putting up fliers around...

Mike Brandly, Auctioneer
Apr 27, 20152 min read


The Fast Talking Podcast
Andy Imholte has done an outstanding job of bringing quality audio podcasts to the auctioneer community. His website...

Mike Brandly, Auctioneer
Apr 24, 20152 min read


The auction crowd appraisal
Saturday arrives and a huge crowd has assembled, mostly around this ’57 Cadillac. Lyle has been wondering for over a week what the car...

Mike Brandly, Auctioneer
Apr 20, 20153 min read


Value anchoring in the auction business
You can listen to an auctioneer value anchoring at virtually any live auction in the United States any day of the week at over 2,500 live...

Mike Brandly, Auctioneer
Apr 13, 20153 min read


So tell me about this other auctioneer …
However, with the death of her father, Sophie asked around and was told to contact an auctioneer. So she did — in fact she contacted...

Mike Brandly, Auctioneer
Apr 8, 20153 min read


Auction performance fees
Late 2014, Christie’s added a 2% auction performance fee. This fee would be added to the seller’s commission if their “piece” sold in...

Mike Brandly, Auctioneer
Apr 6, 20152 min read


Auctioneers and religious freedom
Relatedly, in the United States, religious freedom is … as referred to by the First Amendment to the Constitution [December 15, 1791:]...

Mike Brandly, Auctioneer
Mar 30, 20155 min read


Two types of auctioneer regulators
I am currently consulting with an attorney in a far southern state about their auction laws and a related court case. Yesterday, she...

Mike Brandly, Auctioneer
Mar 25, 20153 min read
![13 things the UCC 2-328 doesn’t [quite] answer](https://static.wixstatic.com/media/69aad9_7ba3a78bf45641c3bb7ac58456171096~mv2.jpg/v1/fill/w_333,h_250,fp_0.50_0.50,q_30,blur_30,enc_avif,quality_auto/69aad9_7ba3a78bf45641c3bb7ac58456171096~mv2.webp)
![13 things the UCC 2-328 doesn’t [quite] answer](https://static.wixstatic.com/media/69aad9_7ba3a78bf45641c3bb7ac58456171096~mv2.jpg/v1/fill/w_454,h_341,fp_0.50_0.50,q_90,enc_avif,quality_auto/69aad9_7ba3a78bf45641c3bb7ac58456171096~mv2.webp)
13 things the UCC 2-328 doesn’t [quite] answer
It remains today the most misunderstood 254 words in the auction world — by far. The UCC 2-328 says lots of things: There are only two...

Mike Brandly, Auctioneer
Mar 18, 20153 min read


Look! We’re not open yet.
“Great,” I replied. I’ll take a look at it online and get registered. As I searched online, I found the auction, only to note that...

Mike Brandly, Auctioneer
Mar 16, 20152 min read


Auctioneers & the first-sale doctrine
This cornucopia of auction offerings sometimes includes copyrighted and/or trademarked property — such as a book, which clearly denotes...

Mike Brandly, Auctioneer
Mar 11, 20152 min read


Proxibay
May 8, 2014, Invaluable and eBay announced a partnership: https://mikebrandlyauctioneer.wordpress.com/2014/05/15/invaluable-ebay/ July...

Mike Brandly, Auctioneer
Mar 9, 20152 min read


I’m bidding online, but where is the property?
In other words, bidders are placing bids on property (chattels) without the actual knowledge of where that property is? Certainly,...

Mike Brandly, Auctioneer
Mar 3, 20152 min read


Auctioneer dual agency
My belief is that auctioneers should be able to bid to enhance the seller’s position. If an auctioneer is selling a framed oil on canvas...

Mike Brandly, Auctioneer
Mar 3, 20153 min read


State auctioneer boards’ liability
They are typically made up of auctioneers with some sort of minimum years experience as such. These boards (or commissions) typically...

Mike Brandly, Auctioneer
Feb 27, 20152 min read


An auction where we won’t let you pay too much?
And I’ve studied the art and science of auctioneering for almost as many. A few things seem clear to me: we as auctioneers need sellers...

Mike Brandly, Auctioneer
Feb 24, 20152 min read


The sliding scale versus the incremental scale
And sellers are right to ask what commission the auctioneer will charge for that service. Most of the time, a fixed percentage is...

Mike Brandly, Auctioneer
Feb 18, 20153 min read


Your bidding today will include a 10% buyer’s premium
Such a conversation the other day recounted an auctioneer’s assessment of his community, and the general disdain for this additional...

Mike Brandly, Auctioneer
Feb 10, 20153 min read
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