• About me
  • About this blog
  • Auction case law
  • Auction Publications
    • Auctioneers Use Marketing Skills & Urgency
    • Drew L. Kershen Horse-Tradin’
    • History of Auctions
    • Internet Auctions A Guide for Buyers and Sellers
    • Official Statement of the National Auctioneers Association Concerning Proper Ethical Conduct for Absolute Auctions of Real Estate
    • Official Statement of the National Auctioneers Association Concerning the Licensing of Businesses that Sell Property via Internet Auctions
    • “Give Me Five, Now Ten … Years Into the Future”
  • Auction Treatise
    • § 1-302. Variation by Agreement.
    • § 2-106. Definitions: “Contract”; “Agreement”; “Contract for sale”; “Sale”; “Present sale”; “Conforming” to Contract; “Termination”; “Cancellation”.
    • § 2-316. Exclusion or Modification of Warranties.
    • § 2-706. Seller’s Resale Including Contract for Resale.
    • § 2-301. General Obligations of Parties
    • § 2-313. Express Warranties by Affirmation, Promise, Description, Sample
    • § 2-328. Sale by Auction
  • Auction videos

Mike Brandly, Auctioneer Blog

~ A trusted auctioneer and auction expert witness — with unmatched knowledge of both auction law and customary practice.

Monthly Archives: January 2020

Curious auction terms & conditions

January 31, 2020

Many auctioneers (and sellers) sell property without reserve (absolute) in order to increase the number of bidders and associated prices. …

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What online auctions could have become

January 30, 2020

Live auctions have been around for over 2,000 years … so what could be better? Oh my gosh, we have …

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Marbury v. Madison and firearms

January 29, 2020

Suddenly, I’m hearing a bunch of auctioneers talking about the 1803 Supreme Court case: Marbury v. Madison, 5 U.S. (1 …

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Why buy at auction?

January 28, 2020

You need (or want) a car, firearm, toolbox, or some comic books … so our question today is, “Why buy …

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Why sell at auction?

January 27, 2020

You may need (or want) to sell your car, firearm, toolbox, or some comic books … so our question today …

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Are auctioneers who charge more better?

January 24, 2020

Auctioneer Bob charges 20% commission and Auctioneer Dave charges 30%. Our question involves if all else is equal, can one …

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Is it an auction or an auction?

January 23, 2020

Laws and regulations around the United States are not in unison. Most laws use the word “auction” meaning an auction …

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Bad weather draws crowds?

January 22, 2020

There’s somewhat of an old saying in the auction business: “The worse the weather, the bigger the crowds …” The …

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Auction buyer wants to remain anonymous

January 21, 2020

“Sold! [for $] to buyer number 973 (who is holding her bid card up high in the air)” … everyone …

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Auctioneers not producing records

January 20, 2020

Many auctioneers licensed by the state in which they operate are required to maintain records (contracts, advertising, settlement statements, etc.) …

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Banning your (or their) past bidder?

January 17, 2020

Auctioneers sometimes ban bidders — prohibiting them from participating in subsequent auctions. As well, sometimes auctioneers use ratings to decide …

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Maybe auctioneers shouldn’t lie … at all?

January 16, 2020

At auction, sellers or those acting on behalf of the seller can make (place/offer) bids to the auctioneer. Does current …

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Could an auctioneer make a market?

January 15, 2020

Our question today is … could an auctioneer sell so much of one type of property that his sales are …

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1965 Chevrolet Impala sells at auction … again

January 14, 2020

There was a somewhat curious auction and follow-up auction of the same car — first in 2013 and then again …

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Customary practice, industry standards and commercial reasonableness …

January 13, 2020

My phone rings — or I’m otherwise contacted — almost every day from either a seller, bidder/buyer, auctioneer and/or attorney. …

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Give yourself a raise?

January 10, 2020

We have previously written and talked about promoting oneself as an auctioneer. The typical conversation centers on selling the low …

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Dating a firearm … and is it important?

January 9, 2020

Frequently auctioneers ask, “When was any certain firearm manufactured?” or “What is the age of this firearm?” This can be …

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Is there any way to predict and prevent shill bidding?

January 8, 2020

We wondered if there has been any research on shill bidding. There’s been lots. In fact, search the Internet for …

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United States v. Weisbrod, 202 F.2d 629 (7th Cir. 1953)

January 7, 2020

Today, we look at details from a somewhat less famous auction case known as United States v. Weisbrod, 202 F.2d …

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Is all auction advertising good news?

January 6, 2020

I look at many auction advertisements almost every day. For example, I’ll see a car advertised for auction with a …

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