• 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.

Previous articles

You’re not advertising my auction on Facebook?

January 11, 2021

We discussed a few months ago the issue of auctioneers not advertising their auctions in certain places because they disagree …

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Is bidding at auction protected free speech?

January 10, 2021

Auctioneers have argued in Tennessee that online auctions cannot require a license (be burdened by a government license) because the …

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Auctioneers and judicial review

January 8, 2021

Auctioneers, albeit infrequently, find themselves in court. The issues could constitute a myriad of things including licensing laws prescribed by …

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Are we really getting market value?

January 7, 2021

Previously, we suggested if you as an auctioneer keep selling to the same people all the time, you might not …

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You have a database of what?

January 5, 2021

An auctioneer told me he had a database of 30,000+ … what? He said, “buyers” but I’m not convinced. In …

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Can an auctioneer accept only cash?

January 4, 2021

We recently wrote about the right for an auctioneer/seller to refuse to accept cash for purchases. That analysis here: https://mikebrandlyauctioneer.wordpress.com/2020/12/29/can-an-auctioneer-refuse-cash/. …

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Auctioneers: The source matters

December 31, 2020

We are bombarded with information every second of every day. It comes via the Internet, television, radio, newspapers available to …

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Can an auctioneer refuse cash?

December 29, 2020

Can an auctioneer prescribe the acceptable methods of payments for auction purchases? Can an auctioneer refuse to take cash? Should …

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… until an auctioneer personally experiences

December 28, 2020

I had the distinct honor to have Fred Strahorn in a class I was teaching. I had not met him …

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Can auction bidders be held to things they don’t read?

December 24, 2020

We have held that by registering for an auction — live and/or online — that such constitutes a contract. We …

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No auction is “safe” from disaster

December 23, 2020

Sometimes the online auctioneers tell the live auctioneers that they don’t have to worry about rain, snow, high wind, traffic, …

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Accepting partial payment

December 22, 2020

Auctioneers (and thus sellers) have bidders who register to bid, win the bid, but refuse to pay. It’s fairly common …

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The White House and occupational licensing

December 21, 2020

On December 14, 2020, President Donald J. Trump issued an Executive Order on Increasing Economic and Geographic Mobility. The complete …

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Bidding irregularities?

December 18, 2020

We have sold cars at auction for decades. More recently, those auctions have been online-only. It seems now we have …

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What is “sufficient marketing” for an auction?

December 16, 2020

Auctions should be advertised (or marketed) sufficiently. As well, auctions should not be advertised insufficiently. So, what’s sufficiently? What’s insufficiently? …

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Our reserve “rules” we make up

December 15, 2020

I think I’ve seen almost every rule an auctioneer has for having (and/or not disclosing) the reserve price — including …

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When is an auction a particularly good decision?

December 14, 2020

We’ve told countless people that when a seller (owner) has “urgency,” “equity” and “reasonable expectations” that an auction is a …

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Auctioneer’s favorite gavel?

December 10, 2020

Artnet News Senior Market Editor Eileen Kinsella published an article on December 3, 2020, titled “Going Once! 11 World-Class Auctioneers …

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Auctioneers and fine print

December 8, 2020

As an expert witness in auction cases, I’m seeing more and more fine print — particularly in auction terms and …

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Absolute with a minimum opening

December 7, 2020

We have written numerous times about without reserve (absolute) auctions coupled with minimum opening bids or minimum bid increments. Fortunately …

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  • Treating bidders with honesty, integrity, and fair dealings?
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