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Auction disclosures in 1-pt type?
I recently testified in yet another auction case. The issue was basically a “title issue” which wasn’t adequately disclosed (in my...

Mike Brandly, Auctioneer
Nov 11, 20213 min read


Should your entire online auction be up?
The question is, for a 1,000 lot online auction, should the auctioneer wait to allow bidding (or even put the auction up live) until all...

Mike Brandly, Auctioneer
Nov 8, 20212 min read


A preposterous commission structure
We previously wrote about so-called “tiered” auctioneer commissions utilized to [properly] address uncertainty:...

Mike Brandly, Auctioneer
Nov 3, 20213 min read


Auctioneers, Constitution,Vaccines
I previously suggested that auctioneers do not have a constitutional or natural right to “medical freedom.” Of course, many auctioneers...

Mike Brandly, Auctioneer
Oct 31, 20213 min read


Title, possession, and risks
Most agree that the Uniform Commercial Code (UCC) suggests that by default, once an auctioneer says, “Sold!” title transfers at that time...

Mike Brandly, Auctioneer
Oct 28, 20213 min read


Steve Proffitt & Discretion
If one word is preached in auctioneer circles it’s “discretion.” For example, discretion to reopen the bid (or not,) or withdraw the...

Mike Brandly, Auctioneer
Oct 25, 20212 min read


Can you sell a police car at auction?
Can auctioneers sell [decommissioned] police cars/trucks? Fire trucks? Ambulances? Auctioneers do sell these types of vehicles and...

Mike Brandly, Auctioneer
Oct 22, 20212 min read


Auctions and intelligent competition
Are bidders held to whatever the auction terms and conditions are, no matter if they are in one point type, written in Latin, spoken in...

Mike Brandly, Auctioneer
Oct 19, 20213 min read


Auctioneers and medical freedom
I’m all for freedom. I eat where I want to eat (The Top Steakhouse the other night with the love of my life, for example,) I pretty much...

Mike Brandly, Auctioneer
Oct 17, 20214 min read


Seller bids to raise prices, not to retain title
The UCC § 2-328 has a prescribed solution to solve a seller bidding without disclosure. Basically, the high bidder (the buyer) may void...

Mike Brandly, Auctioneer
Oct 14, 20213 min read


You don’t conduct absolute auctions?
Auctions are of two distinct types: “With (some sort of) reserve, or without (any such) reserve, also known as “absolute.” Sellers who...

Mike Brandly, Auctioneer
Oct 13, 20213 min read


An auctioneer court-ruling guide …
This issue really isn’t that complex, yet some still don’t seem (and/or refuse) to understand. This “court case” said this, this “court...

Mike Brandly, Auctioneer
Oct 11, 20214 min read


Contract … and then they remove?
There may not be a personal property auctioneer focused on estates, guardianships, and downsizing type auctions that hasn’t signed a...

Mike Brandly, Auctioneer
Oct 8, 20213 min read


Highest “bona fide” bidder?
It’s been said (even memorialized in some state law) that at an absolute (without reserve) auction, the seller has the bona fide...

Mike Brandly, Auctioneer
Oct 6, 20213 min read


Auctioneers: This could happen to anyone
You type in the “address” bar the website you want, and it’s not there. You see that your online auction is no longer up. You cannot...

Mike Brandly, Auctioneer
Oct 4, 20213 min read


Can a potential bidder sue for being denied?
Our question today involves if a potential bidder at your auction can sue you in response to you denying his right (privilege) to bid? ...

Mike Brandly, Auctioneer
Oct 1, 20213 min read


Auctioneers & trade fixtures
Auctioneers sell many personal property items from commercial and residential improvements, where either the owner or tenant has...

Mike Brandly, Auctioneer
Sep 29, 20212 min read


Auctioneers and “times the money?”
For centuries auctioneers have — with a number of similar (or nearly identical) items — sold them “all for one money” or “choice” and/or...

Mike Brandly, Auctioneer
Sep 27, 20213 min read


Auction Expert Witness Reports
I find myself sitting in a conference room with 7 attorneys — all with the same firm. We’re discussing the subject case when one...

Mike Brandly, Auctioneer
Sep 24, 20212 min read


Following the law or your own law?
Is it okay to drive 70 miles per hour in a 70 miles per hour zone? Generally, yes, unless circumstances dictate a slower speed — for...

Mike Brandly, Auctioneer
Sep 22, 20213 min read
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