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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.
    • § 2-513. 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.

Tag Archives: Auction Law

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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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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Bid-less minutes and urgency

March 9, 2023

Auctioneers typically selling property online conduct an auction with a “soft close” As such, if a bid is placed near …

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“AS IS” and what it is, maybe is, or isn’t

February 13, 2023

Let’s say this picture is an actual fork, marked “sterling silver.” Sterling silver here in the United States is generally …

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Auction increment nonsense

February 10, 2023

We have conducted thousands of auctions, and taught auction bid calling techniques around the United States, and testified in several …

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When you’re selling “high-valued” assets

January 31, 2023

If there’s been one consistent message I’ve tried to deliver over the past 10 years or more — it’s that …

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What “Sold!” doesn’t have — a dispute

January 16, 2023

In the case of Kline v. Fineberg, 481 So. 2d 108, 109 n.1 (Fla. Dist. Ct. App. 1985) the court …

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The cost of that “one more” bid …

January 11, 2023

The argument is, essentially, if an auctioneer is to maximize price for the seller, and a bid comes in “while …

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Who is the [auction] seller?

December 7, 2022

I was testifying in an auction case, and told the presiding judge that “Anyone can bid at an absolute auction …

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Can an auctioneer disclaim an implied warranty?

November 21, 2022

Are you disclaiming implied warranties in your terms and conditions? You might be. Your terms note such and your attorney …

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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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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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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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Types or versions of auctions?

September 19, 2022

Yes, we’ve held for as long as I have been in the auction business that there are two types of …

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Auctioneers: The expression of one …

September 3, 2022

In the case known as United States v. Barnes, 222 U.S. 513 (1912) (Supreme Court of the United States) the …

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May attempt to describe?

July 14, 2022

We’ve noted that auctioneers cannot disclaim expressed warranties, and shouldn’t disclaim implied warranties, but many mistakenly continue to do both. …

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Seller wants to (should) sell absolute …

July 4, 2022

Our question today is: “Would an auctioneer accept a seller’s property for auction and sell it absolute if the seller …

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Right of Refusal vs. Reserve Bids

July 1, 2022

I have noted that Daniel P. West has linked to my blog once if not more times and I appreciate …

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  • Who should interpret auction licensing law?
  • Auctioneers are being misled…

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