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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


Can auctioneer take seller bid unknowingly?
Today, we look at paragraph four. In this paragraph, the law states basically that there is buyer recourse (remedy) if the seller bids...

Mike Brandly, Auctioneer
Jun 13, 20163 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


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


Sold! To the live & online bidder?
While studies have held that auctions should be live or online, and not both, this method persists in some markets. The argument made is...

Mike Brandly, Auctioneer
Mar 25, 20163 min read


How much will I get at auction?
It might be land, a tractor or a piece of jewelry. Sellers want to know before consigning such, or maybe are just curious. Auctioneers...

Mike Brandly, Auctioneer
Mar 1, 20162 min read


Nobody bids just once …
This was no doubt in regard to a live auction where an auctioneer can assume nobody bids just once. In other words, if he bids $5,000,...

Mike Brandly, Auctioneer
Feb 2, 20162 min read


Auctioneers can sell a house in how many minutes?
Yet, what exactly did we do in ten minutes? We simply put the home in contract in ten minutes — not something any real estate agent...

Mike Brandly, Auctioneer
Jan 21, 20162 min read


J. Stephen Proffitt III, Esq.
J. Stephen Proffitt III, Esq. (known by most as “Steve Proffitt”) was a well-known attorney and auctioneer. He had a remarkable impact on...

Mike Brandly, Auctioneer
Jan 5, 20162 min read


Online auction platform dictates commission structure
And yes, they dictate that the auctioneers who place property on their site cannot charge a buyer’s premium. Their exact phrasing is...

Mike Brandly, Auctioneer
Jan 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
![Auction [house] breakage](https://static.wixstatic.com/media/69aad9_21fd9e3dda3049388d012c8535893737~mv2.jpg/v1/fill/w_224,h_250,fp_0.50_0.50,q_30,blur_30,enc_avif,quality_auto/69aad9_21fd9e3dda3049388d012c8535893737~mv2.webp)
![Auction [house] breakage](https://static.wixstatic.com/media/69aad9_21fd9e3dda3049388d012c8535893737~mv2.jpg/v1/fill/w_305,h_341,fp_0.50_0.50,q_90,enc_avif,quality_auto/69aad9_21fd9e3dda3049388d012c8535893737~mv2.webp)
Auction [house] breakage
It sold for $33.2 Million on November 7, 2007 at Sotheby’s in New York. For purposes of our discussion today, let’s say someone broke it...

Mike Brandly, Auctioneer
Dec 5, 20153 min read


Genuine intent to transfer to the highest bidder regardless of price
We discussed this disquisition in some detail — once again — at the National Auctioneers Association‘s Accredited Auctioneer of Real...

Mike Brandly, Auctioneer
Nov 27, 20152 min read


An auctioneer’s implied authority
One such way auctioneers are sued is for not following the contract with the client … and/or not following the client’s legal directions....

Mike Brandly, Auctioneer
Nov 16, 20153 min read


Saying one thing and doing another
In that transition, the CEO of AutionCode said in response to a question about listings posted before the September 22 deadline: We are...

Mike Brandly, Auctioneer
Oct 30, 20152 min read


You can’t believe anything I tell you …
Okay folks, let’s get our auction underway. I’m Walt Davis and I’ll be your auctioneer today. Now, remember, you can’t believe anything...

Mike Brandly, Auctioneer
Oct 23, 20153 min read


Auctions and the intention to sell
Property owners typically contract with an auctioneer and then that auctioneer offers that property for sale … Or do they? Actually,...

Mike Brandly, Auctioneer
Oct 5, 20153 min read
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