• About me
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  • 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.

Category Archives: Auction Law

This $87.8 million mansion went to auction?

May 21, 2022

A mansion (not the above mansion) went to auction and the high bid was $45.76 million. A news headline thereafter …

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Do you have to auction … anything?

May 18, 2022

We have run an auction house since 1999. In that time, we’ve learned that there are some who attempt to …

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Must, shall, should, will, may …

May 16, 2022

Auctioneers are confronted with any number of laws. Legislators author bills that become law when a governor or the President …

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Auctioneers: Yes, yep, yeah, yup … or what?

May 9, 2022

Ringmen (and ring women) often have to communicate that a bid has been offered by a bidder so that the …

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Properly setting up … buy backs?

May 3, 2022

I know it happens, particularly in the online auction world, but the public (other bidders) detest the practice. You consign …

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That new seductive advice

April 27, 2022

You’ve been exercising, eating right, and getting enough sleep. Imagine I want to get your attention. If I publish an …

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A centralized list of “bad bidders?”

April 25, 2022

Many auctioneers are advocating for some type of centralized list (database) of bad bidders — bidders who bid and don’t …

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Variation by agreement, not uniform

April 22, 2022

We regularly write to [attempt to] help auctioneers stay out of court, rather than attempting to win in court, or …

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Buyer’s Premiums & Agency Duty

April 18, 2022

The suggestion apparently is that the buyer’s premium belongs to the auctioneer no matter. This is absolutely not true. The …

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What is a “priceless” auction item?

April 14, 2022

What is a “priceless” auction item? Could an auctioneer exclaim, “This item is priceless?” What are the implications of such, …

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Buyer’s Premiums Basics

April 11, 2022

Buyer’s premiums have been used at auctions in the United States since 1977 — over 40 years. Yet, there remain …

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Credit cards and surcharges

April 4, 2022

We were one of the first auctioneers (1993) to accept credit cards at all our auctions including even on-site auctions …

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Tom Brady’s “final” touchdown ball

March 17, 2022

Tom Brady [Brady] had apparently decided to retire. Lelands was selling Brady’s final touchdown football of his career. The football …

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Only the first sentence of § 1-302?

March 10, 2022

The Uniform Commercial Code § 1-302 titled “Variation by Agreement” clearly says (emphasis added:) (a) Except as otherwise provided in …

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Can an auctioneer breach a contract for any reason?

March 5, 2022

Contracts between auctioneers and sellers, consignors, and consignees typically bind the principal to rightfully convey ownership, provide clear title, and …

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Because it’s your policy?

March 1, 2022

Let’s see … what is an auctioneer’s job? To maximize price for our seller/client? To solve the seller/client’s problem? Indeed …

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Buyers paying more (and more) of the costs

February 25, 2022

Buyer’s premiums continue to rise. In fact, I’ve heard for years that “nobody pays any attention to them” so why …

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Appraisals, auctions, and seller bidding

February 23, 2022

Appraisers often [rightly] use auction values as evidence of value. Yet, we wonder today if an auction with reserve (or …

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Bidders and tortious interference

February 20, 2022

For years, when we (and everyone else) only held live auctions, there were often one or two somewhat infamous bidders …

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Berry v. The New Gainesville Livestock Auction

February 16, 2022

We were forwarded notice of the case of Byron Berry, Appellant v. The New Gainsville Livestock Auction, LLC, Appellee heard …

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Recent Posts

  • This $87.8 million mansion went to auction?
  • Auctioneers starting at the top
  • Do you have to auction … anything?
  • Must, shall, should, will, may …
  • Auctioneers: Yes, yep, yeah, yup … or what?
  • Properly setting up … buy backs?
  • That new seductive advice

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