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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.
    • § 2-706. 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: contract

Contractual (tortious) interference

August 31, 2020

There are probably not too many college football fans who don’t remember the 2003 double-overtime Fiesta Bowl — OSU 31, …

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Sending out to an expert?

July 28, 2020

Hailey is an auctioneer in Vermont who sells primarily sports memorabilia. Her auctions include basketball, football, baseball, hockey, and a …

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Auctioneer purchased my items — do I still pay commission?

July 4, 2020

A recent caller asked me, “If the auctioneer purchased my items, do I still pay commission?” My answer was, “Yes, …

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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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Title transfers on, “Sold!?”

May 30, 2020

The default position of the Uniform Commercial Code appears to say that title is transferred at auction upon, “Sold!” It’s …

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An auction net listing

May 20, 2020

Net listings are where the agent and seller agree that the agent’s compensation will be any amount over a certain …

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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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Sharing auctioneer contracts …

April 8, 2020

Auctioneers have lots of questions about contracts. We’ve suggested there are basically three (3) types of auctioneer-related contracts: (1) auctioneer/seller …

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The Kentucky “Tie Bid” mess

April 1, 2020

We’ve argued that “tie bids” don’t (can’t) exist, and many delight in reminding everyone that they do exist in Kentucky …

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Auctioneers & force majeure clauses

March 27, 2020

In light of the current Coronavirus pandemic, I’ve been party to discussions regarding “force majeuer” clauses. What is “force majeure?” …

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Does auction law have to catch up with technology?

March 17, 2020

Personally, I find the statement, “The [auction] law has not quite caught up to technology” facinating and interesting. Yes, some …

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Is being an auctioneer like gambling?

February 18, 2020

Gambling is the wagering of money or something of value (referred to as “the stakes”) on an event with an …

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The question was, “Can I bid what I want to bid?”

February 11, 2020

For the vast majority of auctions in the United States, the auctioneer suggests a bid (invites an offer) and the …

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Auction cancellation fee that is fair

February 10, 2020

It’s always a good reminder for auctioneers — your contracts, terms, conditions, policies, etc. likely need to be “fair” (maybe …

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Bad weather draws crowds?

January 22, 2020

There’s somewhat of an old saying in the auction business: “The worse the weather, the bigger the crowds …” The …

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Auctioneers not producing records

January 20, 2020

Many auctioneers licensed by the state in which they operate are required to maintain records (contracts, advertising, settlement statements, etc.) …

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Give yourself a raise?

January 10, 2020

We have previously written and talked about promoting oneself as an auctioneer. The typical conversation centers on selling the low …

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“Sold!” shouldn’t be a lie

January 3, 2020

Here’s the problem. The law allows (but does not require) auctioneers to lie. We can indeed say, “Sold!” (in certain …

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Auctions which are — or not — fair, balanced, reasonable

January 1, 2020

What would fair, balanced and reasonable auction terms and conditions look like? What does current law say about that? The …

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John Stephen Proffitt III and your right to reopen the bid

December 30, 2019

John Stephen Proffitt III (widely known as Steve Proffitt in auction circles) — attorney at law and auctioneer — proposed …

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