• 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: client

Conflict of interest and net listings

December 3, 2020

Auctioneers work primarily as agents and for clients (principals) in performing their duties. As such, they would owe loyalty to …

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Opening an auction house

December 1, 2020

When I was attending auction school, we would go out at night to various local auction houses to practice our …

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Auctioneers not advertising certain places …

November 30, 2020

Auctioneers are charged with maximizing their client’s (seller’s) position — raise the most money, clean the warehouse completely out, minimize …

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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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What’s an “essential” auction?

May 15, 2020

What is an “essential” auction? What is a nonessential auction? Are any auctions essential? Maybe the first question should be, …

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Contract provisions — the foreseen vs the unforeseen

May 8, 2020

We previously wrote about force majeure clauses in regard to unforeseen circumstances — for instance war, strike, riot, crime, plague, …

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Auctions didn’t work — and then they did

April 15, 2020

This picture sure got my attention — it probably got lots of people’s attention. According to Kenny Lindsay of Michigan: …

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Auctioneer Retaliation

April 6, 2020

I’m listening to an auctioneer on the witness stand (and thus all public information.) The subject of his testimony was …

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Auctions: “Everything will change. Everything has changed.”

April 2, 2020

In “The Patriot” movie, Cornwallis apparently proclaimed, “Everything will change. Everything has changed.” In other words, “The only thing constant …

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Can an auction result constitute price gouging?

March 25, 2020

Some surgical masks, hand sanitizer and other PPE (Personal Protective Equipment) are appearing in some online auctions these days as …

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How can auctioneers book more business?

March 23, 2020

I’ve told thousands of prospective auctioneers and real estate practitioners how to get business when they start their business: Empathy. …

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Who is easier to charge — seller or buyer?

March 2, 2020

Is it fair to say that seller commissions are getting smaller, and buyer premiums are getting larger? While not universal, …

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Auction advertising that’s “just enough” information

February 19, 2020

I have argued for decades that auction advertising should be “just enough” to get people (potential bidders/buyers) to respond … …

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At auction, is it need or want?

February 14, 2020

For nearly 40 years as an auctioneer, I have remarked to 100’s of customers, “It’s not what you need, it’s …

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Auctioneers advertising their auction at your auction

February 7, 2020

Auctioneers advertise/market their seller’s items to attract bidders. Today, we wonder if an auctioneer can/should advertise his auction at another …

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Auctioneers and payment methods

February 5, 2020

We’ve been in the auction business for many years. First, it was cash and checks, then it became cash, checks …

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Auction seller wants to sell to anyone but a certain person

February 4, 2020

An auctioneer meets with a seller who owns a house full of personal property — furniture, kitchen items, decorative pieces, …

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Auctioneers checking Facebook for facts?

February 3, 2020

Most days it seems to run 20%-30% and other days it seems to run almost 90%. It’s so unpredictable (and …

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Are auctioneers who charge more better?

January 24, 2020

Auctioneer Bob charges 20% commission and Auctioneer Dave charges 30%. Our question involves if all else is equal, can one …

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Could an auctioneer make a market?

January 15, 2020

Our question today is … could an auctioneer sell so much of one type of property that his sales are …

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