• 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.

Category Archives: Auctions

The dangers of “absolute discretion”

February 23, 2021

Tom is an auctioneer who takes various live and online classes on the subject of “auctioneering,” surveys the Internet for …

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An auction platform is free for buyers and sellers?

February 22, 2021

Nothing quite gets people’s attention more than the word, “free.” Of course, there is another phrase that gets considerable attention …

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Auction fees included and/or added?

February 19, 2021

Many auctioneers charge a buyer’s premium — for instance, if you bid $10,000 for an auction purchase, with a 10% …

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Are auctioneers intentionally misleading buyers?

February 17, 2021

I’ve probably written about this issue more than any other. The question is essentially “Why are auctioneers intentionally misleading buyers?” …

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I’m known for not selling …

February 17, 2021

We previously wrote about auctioneers specializing here, where auctioneers only sell a certain type of property: https://mikebrandlyauctioneer.wordpress.com/2021/02/12/im-known-for-selling/. Today, we explore …

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Treating bidders with honesty, integrity, and fair dealings?

February 15, 2021

Nope. We just can’t do it. Auction bidders aren’t owed any honesty, nor integrity, and certainly not fair dealings. On …

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I’m known for selling …

February 12, 2021

Many auctioneers tend to specialize. For instance, maybe an auctioneer chooses to only sell coins, or only sell pottery, or …

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Auctioneers’ speech restricted?

February 9, 2021

I noted some outrage from some auctioneers claiming their speech would not be restricted … in that they would not …

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Auctions, disclosure, patent & latent

February 8, 2021

We’ve held that auctioneers should disclose all known material facts concerning any property they are putting up for auction. This …

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Are “anonymous” buyers real buyers?

February 4, 2021

The so-called “hammer” falls at an auction, and the property (car, firearm, airplane, truck, tractor, artwork …) is sold to …

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Auctioneers and conspiracies

February 2, 2021

More and more I find some auctioneer has shared or posted some conspiracy theory (stated as fact) almost every day. …

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Auction crowd size, wallet size

February 1, 2021

Auctioneers always want a big crowd — the number of people standing there and/or the number of bidders registered online. …

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Auctioneers: Memes are unreliable

January 29, 2021

I must see 100’s of memes on my average day. The ones involving mathematics usually get my attention since I …

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Auctioneers opposed to “equity”

January 27, 2021

Suddenly I’m seeing again that “equity” is a bad thing — especially if you say it into a microphone more …

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Auctioneers and protesting

January 25, 2021

Several months ago, some “minority” auctioneers (members) reached out to an auctioneer association by email and phone regarding discrimination, equal …

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An obligation to disclose?

January 22, 2021

Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care. …

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Could posting false information have consequences?

January 19, 2021

Our question is simply, “Could posting false information have consequences?” The easy answer is, “yes.” A follow-up question to that …

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How qualified should that bidder be?

January 18, 2021

These two women want to register for your auction. What should they have to provide you as an auctioneer in …

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Auctioneers: When is a lack of evidence … evidence?

January 15, 2021

I majored in Mathematics at The Ohio State University. One of my several particular interests in math was prime numbers. …

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Auctioneers speaking about health

January 13, 2021

Some days I wake up and think … am I in another country? Maybe I’ve been transported to a different …

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Recent Posts

  • The dangers of “absolute discretion”
  • An auction platform is free for buyers and sellers?
  • Auction fees included and/or added?
  • Are auctioneers intentionally misleading buyers?
  • I’m known for not selling …
  • Treating bidders with honesty, integrity, and fair dealings?
  • I’m known for selling …

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