• 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.
    • § 2-513. 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.

Previous articles

Auctions and parole evidence

November 18, 2022

We have written about disclaiming expressed warranties. Importantly, there is considerable case law that permits (or not) sellers from disclaiming …

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Anything I say is not binding?

November 16, 2022

Let’s just say that an auctioneer’s terms note: Buyer agrees that any oral representation made by the auctioneer shall not …

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Auctioneer evolution?

November 14, 2022

I’ve seen this graphic many times … we auctioneers started out as apes? Well, maybe not, but more recently we …

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Auction [license] law principles

November 12, 2022

In states which license occupations, and in particular auctioneers and auction activity, the law essentially gives permission to conduct auction …

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“Buy at your price” … or not.

November 9, 2022

Let’s see … I can buy “this” property for my price so I’m thinking I can determine the price. Of …

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50,000 different websites? Really?

November 7, 2022

I admit I was one of the first auctioneers to denounce large online platforms — as I held they were …

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Regardless with a suggestion?

November 4, 2022

We’ve sold an immense amount of property at auction — absolute to the highest bidder. In other words, those sellers …

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Auctioneers & Agency

November 2, 2022

No agency exists unless created — and what creates it? Knowledge of the relationship, and consent to it. Agency begins …

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What’s the bidder’s consideration?

October 31, 2022

We see auctioneers somewhat routinely noting that bidders’ bids once placed (accepted) can’t be revoked nor withdrawn — in other …

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Absolute auction? Nope.

October 27, 2022

Yes, this was the claim. For any auction — once a bid is placed — that constitutes a minimum bid …

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Worth? Estimate? Value? Guide?

October 17, 2022

Do all these words mean the same thing? I believe this item is worth $140,000? I estimate this at $140,000? …

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Agree to terms, and the terms change

October 14, 2022

We really don’t have to wonder, do we? For example, an auctioneer posts online auction terms and conditions (terms), and …

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Auction bidder banning policies

October 12, 2022

We have written many times about how auction registration policies need to be fixed prior to the auction event and …

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That highest (not yet) bid

October 10, 2022

Auctioneers want to maximize the bidder pool. In doing so, many of us are allowing online bids either placed in …

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Auctioneers and/or real estate agents

October 6, 2022

There are maybe (as we believe) 50,000 auctioneers in the United States. The Association of Real Estate License Law Officials …

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Courts interpreting “explicit”

October 3, 2022

We’ve held that a “bright line” defining when an auction is absolute or without reserve is horrible for the auction …

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Auctioneer CE: states or associations?

September 29, 2022

Some states require auctioneer continuing education (CE) — and auctioneers complete it or lose their licenses to practice. Some state …

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Absolute auctions and “de minimus”

September 26, 2022

Absolute auctions, by definition, involve selling to the highest bidder. So, if an auctioneer has a current bid of $750,000.00 …

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Using “absolute” to define a reserve?

September 23, 2022

Where in the United States can an auctioneer legally say, “This is selling absolute over a minimum bid of …?” …

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Explicit bright lines and auction malpractice

September 20, 2022

In a recent case before the Supreme Court of Virginia, parties discussed when an auction is with reserve and when …

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Recent Posts

  • Auctions and the “previous” bidder
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  • When you’re selling “high-valued” assets
  • Can (and do) auctioneers change the “size” of the “ask?”
  • Apparently little known bid calling basics
  • What “Sold!” doesn’t have — a dispute
  • The cost of that “one more” bid …

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