• 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: auctions

This $87.8 million mansion went to auction?

May 21, 2022

A mansion (not the above mansion) went to auction and the high bid was $45.76 million. A news headline thereafter …

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Auctioneers starting at the top

May 19, 2022

Almost like any other occupation, it’s difficult — if not impossible — to start “at the top.” Said another way, …

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Do you have to auction … anything?

May 18, 2022

We have run an auction house since 1999. In that time, we’ve learned that there are some who attempt to …

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Must, shall, should, will, may …

May 16, 2022

Auctioneers are confronted with any number of laws. Legislators author bills that become law when a governor or the President …

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Auctioneers: Yes, yep, yeah, yup … or what?

May 9, 2022

Ringmen (and ring women) often have to communicate that a bid has been offered by a bidder so that the …

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Properly setting up … buy backs?

May 3, 2022

I know it happens, particularly in the online auction world, but the public (other bidders) detest the practice. You consign …

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That new seductive advice

April 27, 2022

You’ve been exercising, eating right, and getting enough sleep. Imagine I want to get your attention. If I publish an …

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A centralized list of “bad bidders?”

April 25, 2022

Many auctioneers are advocating for some type of centralized list (database) of bad bidders — bidders who bid and don’t …

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Variation by agreement, not uniform

April 22, 2022

We regularly write to [attempt to] help auctioneers stay out of court, rather than attempting to win in court, or …

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Buyer’s Premiums & Agency Duty

April 18, 2022

The suggestion apparently is that the buyer’s premium belongs to the auctioneer no matter. This is absolutely not true. The …

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What is a “priceless” auction item?

April 14, 2022

What is a “priceless” auction item? Could an auctioneer exclaim, “This item is priceless?” What are the implications of such, …

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Buyer’s Premiums Basics

April 11, 2022

Buyer’s premiums have been used at auctions in the United States since 1977 — over 40 years. Yet, there remain …

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Credit cards and surcharges

April 4, 2022

We were one of the first auctioneers (1993) to accept credit cards at all our auctions including even on-site auctions …

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Why does “nobody” want your stuff?

March 31, 2022

I hear it all the time in the auction business … “Nobody wants your … whatever.” Yet, why don’t “they” …

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Auctions & woefully uninformed reporting

March 22, 2022

The Centralia, Washington Police Department is now using eBay to sell seized goods, instead of traditional auctioneers. An article in …

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Tom Brady’s “final” touchdown ball

March 17, 2022

Tom Brady [Brady] had apparently decided to retire. Lelands was selling Brady’s final touchdown football of his career. The football …

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The auction industry and enmity

March 14, 2022

It took me a while to realize that the auction industry is much like industry generally — in that like …

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Only the first sentence of § 1-302?

March 10, 2022

The Uniform Commercial Code § 1-302 titled “Variation by Agreement” clearly says (emphasis added:) (a) Except as otherwise provided in …

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Do your bidders feel good?

March 8, 2022

We run an auction house and know the names of upwards of 60% of our bidders who we see on …

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Can an auctioneer breach a contract for any reason?

March 5, 2022

Contracts between auctioneers and sellers, consignors, and consignees typically bind the principal to rightfully convey ownership, provide clear title, and …

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Recent Posts

  • This $87.8 million mansion went to auction?
  • Auctioneers starting at the top
  • Do you have to auction … anything?
  • Must, shall, should, will, may …
  • Auctioneers: Yes, yep, yeah, yup … or what?
  • Properly setting up … buy backs?
  • That new seductive advice

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Top Posts

  • This $87.8 million mansion went to auction?
  • Auctioneers starting at the top
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  • Do you have to auction ... anything?

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