• 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.

Tag Archives: Auction Law

More on COVID-19 magic waivers

August 24, 2020

It seems no matter the issue, some people always assure everyone all we need is yet another disclaimer and/or waiver …

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A $1,000,000 reason to …

August 14, 2020

One might ask, “Do auctioneers need to treat all bidders the same, other than ‘price’?” In other words, do we …

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Auctioneer at a laundry

July 1, 2020

I had reason to stop in briefly to this laundry near our auction house. Probably not unlike countless small-town laundries …

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How different attorneys can (and shouldn’t) help auctioneers

June 30, 2020

In a recent story, we noted attorneys (lawyers) can represent clients as advisors, advocates, negotiators or evaluators. As well, lawyers …

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Mottram and “what if?”

June 27, 2020

J. G. White & Co., Limited (Auctioneers) of London, England was contracted to sell property held by the United States …

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” … not responsible for the online platform’s performance.”

June 26, 2020

You are an online auctioneer and you know that online platforms sometimes aren’t reliable. As such, your attorney has told …

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Commercially reasonable & Inspection

June 23, 2020

We wrote about a week ago about a case litigated in Kansas and the citing of the basic tenets of …

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Auctioneers and what’s reasonable

June 21, 2020

A host of laws and rules auctioneers are encouraged to follow use the word, “reasonable.” So, what does reasonable mean? …

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Bidder can’t reasonably inspect?

June 19, 2020

I’ve had this question dozens of times when I talk about pre-auction inspection opportunities. That question is generally, “What if …

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Attorneys often don’t agree …

June 18, 2020

As I’ve pointed out in a few prior blogs, attorneys often don’t agree. One attorney states some auction-related law, rule, …

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Can auctions be irritating?

June 16, 2020

Our question today is: Can auctions be irritating? I’ve held they can be, but when a fellow auctioneer tells me …

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The Supreme Court of the United States & auctioneers

June 15, 2020

I’ve seen reference to the Supreme Court of the United States (the Court) and “common law” rulings, and that decisions …

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Auctioneers and attorney opinions

June 14, 2020

The last number I could find (2018) noted there were 1,338,678 licensed practicing lawyers in the 50 states, Washington, D.C., …

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Auctioneers and case law

June 13, 2020

Auctioneers (along with the public) are regulated by law here in the United States. Where does that law come from? …

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Magical auctioneer disclaimers

June 12, 2020

Yes, I used the term “magical disclaimers” where I suggested live auctioneers aren’t likely secure from potential (or actual) liability in regard …

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Auctioneer immunity?

June 9, 2020

Is there such a thing as “auctioneer immunity?” I can’t find a reference to any federal or state law, but …

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Auctioneers individual rights vs any one else’s

June 5, 2020

Auctioneers are generally very conservative. Auctioneers are generally rigid individualists, proclaiming their rights to life, liberty, and the pursuit of …

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Legal advice without the “the rest of the story …”

June 4, 2020

“Yes, you can make a right turn there …” was not the best advice for motorists as the interstate had …

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Auctioneers “Can too …” defenses

June 1, 2020

I was discussing an auctioneer’s question the other day and I told him, “You can’t do that.” His reply? “I …

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Auctions, fairness and equity

May 31, 2020

Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) was a case in New York where the seller of …

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