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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: auctioneers

Auctions and the “previous” bidder

February 6, 2023

All too often, a high bidder retracts his bid, and the previous bidder is made the high bidder without his …

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Who are we working for?

February 4, 2023

I wonder sometimes. Are we real estate (real property) auctioneers working for our client’s best interest or our own? We’ve …

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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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Can (and do) auctioneers change the “size” of the “ask?”

January 28, 2023

The short answer is, “yes.” Relatedly, this has been going on for as long as auctions have been used to …

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Apparently little known bid calling basics

January 26, 2023

If you have participated in a live or online auction, the auctioneer’s “chant” nor the online platform is generally placing …

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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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Social media and Proverbs 20:14

January 8, 2023

We sold lots of real and personal property at live auctions for decades, until our first online (simulcast) auction was …

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Auctioneers … and for no reason at all?

January 6, 2023

We recently wrote about auctioneers reserving unilaterally to decline any bid and any bidder — apparently, even a registered bidder …

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Auctioneer reserves the right to reject any bid?

January 3, 2023

More specifically, “Auctioneer reserves the right to reject any bid from any bidder?” We would ask, does “bidder” mean “registered …

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Your platform is [just] your competition

January 1, 2023

I freely admit that when auction platforms started to appear, I (and many others) decried their plans … to possibly …

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Buyer inspection & UCC § 2-316

December 28, 2022

Auctioneers often inquire if one can sell “as-is” (AS IS) without offering the bidders/buyers the opportunity to inspect the property …

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Auction bright lines and a noteworthy footnote

December 24, 2022

We’ve written before that denoting an absolute auction requires the use of “absolute” or “without reserve” — and no other …

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What makes any auction work?

December 12, 2022

What makes any auction work? We’ve held well over our entire career that a successful auction must have the “prospect …

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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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Are auctioneers “entitled” to their opinion?

December 5, 2022

Not just auctioneers, but rather, everyone is “entitled” (in the United States) to think (and maybe say or write) just …

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Is E&O insurance enough? It’s not

December 1, 2022

Every auctioneer today needs enough insurance. Every auctioneer also needs to be operating in a proper business structure to help …

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Auctioneers … and “I still don’t believe it”

November 27, 2022

I was sitting with an auctioneer in an attorney’s office in 2011 going over his case and how I could …

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Auctioneer limits the bidding?

November 23, 2022

I’m not sure why. I’m fairly sure it’s not a good idea. Would any auctioneer know that not one single …

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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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Recent Posts

  • Auctions and the “previous” bidder
  • Who are we working for?
  • 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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