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When can the bid be reopened?
Simply put, when an auctioneer says, “Sold!” or uses some other customary closing, he or she denotes: The auctioneer cannot take any...

Mike Brandly, Auctioneer
Jul 5, 20114 min read


If the seller bids …
The UCC 2-328 speaks to this issue in a somewhat peculiar fashion. In particular: 2-328 (4) If the auctioneer knowingly receives a bid on...

Mike Brandly, Auctioneer
Jun 30, 20112 min read


Ask your client
We wrote about duties auctioneers owe their clients (sellers) in 2009. As we noted then, auctioneers are special agents for their...

Mike Brandly, Auctioneer
Jun 27, 20113 min read


UCC 2-328 & Reasonable Time
Bib has held over 10,000 auctions in his career — mostly livestock, farm equipment and real property. Today, Bib is holding an auction...

Mike Brandly, Auctioneer
Jun 22, 20114 min read


No customary closing?
The joy of teaching is almost always amplified by questions and commentary from attendees before class, at breaks and after class; nearly...

Mike Brandly, Auctioneer
Jun 20, 20113 min read


The delicate balance of a great auction
There are also other forced sale auctions including foreclosures, repossessions and court-ordered actions (lacking the seller’s consent)....

Mike Brandly, Auctioneer
May 30, 20113 min read


The net effect of the buyer’s premium
Since Christie’s and Sotheby’s introduced the buyer’s premium in 1975 in England, and soon after (1977) in the United States, the buyer’s...

Mike Brandly, Auctioneer
Apr 2, 20115 min read


Unjust enrichment at auction?
It seems every so often a story makes the news such as this: The buyer found over $40,000 in $100 bills taped under the third drawer of...

Mike Brandly, Auctioneer
Mar 18, 20113 min read


How are auctioneers paid?
There are two parties to an auction. On the one side, there is a seller who typically owns the item, or otherwise represents the title...

Mike Brandly, Auctioneer
Mar 7, 20113 min read


Is maximizing the absentee bid proper?
Here’s a typical example of what we’re addressing here: Terrell’s Auction House has an auction coming up Monday night and has a 1955...

Mike Brandly, Auctioneer
Jan 8, 20114 min read


Old English Auction Case Law
While the United States has developed many such auction and auctioneer laws, English (United Kingdom) courts in the 1700’s and 1800’s...

Mike Brandly, Auctioneer
Dec 28, 20104 min read


Auctioneer says sold for wrong amount?
To generalize the question at issue, let’s say an auctioneer is selling real property at auction, and the bidding goes as such: ...

Mike Brandly, Auctioneer
Dec 25, 20102 min read


Should the reserve be disclosed?
Marvin wishes to consign his 2009 Jaguar XF Coupe to the local auto auction. Marvin paid about $59,000 for this car about a year ago,...

Mike Brandly, Auctioneer
Dec 20, 20104 min read


Item at auction is, but maybe not?
So, that 1889-CC Morgan Silver Dollar is MS-60, but maybe not? This could just as well be a parcel of land, a piece of commercial...

Mike Brandly, Auctioneer
Dec 19, 20103 min read


Two auctioneers book the same auction?
One such instance was in 1983, when an auctioneer in Indiana opened the Sunday newspaper to see that he and another auctioneer in that...

Mike Brandly, Auctioneer
Dec 9, 20103 min read


When the auctioneer says, “Sold!”
What does it mean when the auctioneer says, “Sold!?” In the United States, contract law is fairly clear that upon the declaration of...

Mike Brandly, Auctioneer
Nov 19, 20102 min read


What is the difference between an auctioneer and a bid caller?
For our discussion, we are referring to bid calling as the usually rapid oral exchange with bidders, accepting bids, and asking for...

Mike Brandly, Auctioneer
Sep 26, 20103 min read


Auction buyer abandonment
The Buyer has no right of abandonment whatsoever. The Buyer agrees to remove all purchased property from the Auction Site within the...

Mike Brandly, Auctioneer
Sep 18, 20103 min read


What to ask that real estate auctioneer
For those hoping to buy real property at auction, there are some basic questions that should be asked before participating. A real...

Mike Brandly, Auctioneer
Sep 3, 20103 min read


So where do you start the bid?
Auctioneers generally don’t start the bid. What happens at a typical auction is the auctioneer suggests a price to the audience (legally,...

Mike Brandly, Auctioneer
Aug 20, 20103 min read
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