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    • Auctioneers Use Marketing Skills & Urgency
    • Drew L. Kershen Horse-Tradin’
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    • 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.
    • § 2-513. Buyer’s Right to Inspection of Goods
    • § 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 School

No auction works unless …

May 25, 2023

See, that marketplace auction platform didn’t work. However, it is the platform or is it the auctioneer? Let’s explore. In …

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Probably unenforceable auction terms …

May 22, 2023

They get copied, and copied, and copied … and auctioneers really don’t pay any attention because it’s what some other …

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Auctioneers … would a space or two help?

May 19, 2023

I’m viewing an online auction on my phone (as most do) and I realize space is a premium. Yet, I …

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Reserve auction needs reserves?

May 17, 2023

The argument for with reserve auctions goes like this: The counterargument (without reserve) for many other auctioneers goes like this: …

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Auctioneers: “I shouldn’t be required to take CE”

May 15, 2023

There are auctioneers in the United States arguing they should not be required to take any continuing education (CE) as …

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Who should interpret auction licensing law?

May 11, 2023

There’s an interesting trend underway in the United States … where states and courts are considering (and ruling) that the …

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Auctioneers are being misled…

May 8, 2023

Time and time again, auctioneers are trying to find the “right platform” to use for their online auction. Their concerns, …

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Buyer’s premiums can help sellers

May 4, 2023

You are an auctioneer and you don’t charge a buyer’s premium. Why not? I continue to hear that charging such …

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Auctioneer says, “I’m just bid calling …”

May 1, 2023

I’ve heard for years in regard to firearm laws and many other topics, auctioneers desiring to disclaim any responsibility say …

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You can charge a buyer’s premium …

April 28, 2023

Auctioneers who charge a buyer’s premium are being told they shouldn’t be charging a buyer’s premium. Maybe auctioneers who solely …

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A BP is not a disservice to a seller

April 26, 2023

Buyer’s premiums have been used in the United States since 1977. There are very few — if any — online …

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Auctioneers, 501(c)(3)’s, Firearms

April 24, 2023

The selling of firearms by auction is highly regulated. The federal government dictates there is [typically] only one scenario where …

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White-label platforms outperform marketplaces?

April 18, 2023

This is being proposed by largely white-label platform users — that their non-marketplace platforms outperform marketplace platforms. From talking to …

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Auctioneers … what are you thinking?

April 14, 2023

I regularly see auctioneers ask on social media and otherwise — “What platform?” and the answers are varied. Yet, there …

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Does the UCC [§ 2-328] only apply to “auctioneers?”

April 12, 2023

The Uniform Commercial Code § 2-328 is titled “Sale by auction.” It appears the drafters assumed anyone who is selling …

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We don’t sell those so we … throw them away?

April 10, 2023

Auctioneers are typically agents for sellers. As such, the seller puts their property in the hands of the auctioneer and …

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More on auction contract assignability

April 6, 2023

We wrote that bid-calling contracts are assignable focusing on the bidder’s (or buyer’s) ability to assign their equity to another …

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United States v. Barry D. Dyer, Mackie E. Shelton

April 3, 2023

In the case, United States of America v. Barry D. Dyer, Mackie E. Shelton 1:21-CR-00016-GNS, these two defendants were accused …

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Are bid-calling contracts potentially assignable?

March 31, 2023

Given that auctioneer bid calling (and online “bid calling”) obviously creates contracts, our question today involves if a high bidder …

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Auction bid calling creates contracts

March 28, 2023

Yes, absolutely, live bid calling (and even online auctions) create contracts. One such contract is when the auctioneer (or software) …

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Recent Posts

  • No auction works unless …
  • Probably unenforceable auction terms …
  • Auctioneers … would a space or two help?
  • Reserve auction needs reserves?
  • Auctioneers: “I shouldn’t be required to take CE”
  • Who should interpret auction licensing law?
  • Auctioneers are being misled…

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