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    • “Give Me Five, Now Ten … Years Into the Future”
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    • § 1-302. Variation by Agreement.
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    • § 2-316. Exclusion or Modification of Warranties.
    • § 2-706. Seller’s Resale Including Contract for Resale.
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Mike Brandly, Auctioneer Blog

~ A trusted auctioneer and auction expert witness — with unmatched knowledge of both auction law and customary practice.

Tag Archives: expert witness

Your seller “seeing the market?”

June 27, 2022

Many auctioneers have told me that their favorite type of “with reserve” auction is a seller-confirmation auction — a right …

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How to win an online auction

June 13, 2022

It’s supposed to be easy … and most of the time it is. However, things happen: The Internet goes down, …

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At an auction, it “appears” to be …

June 11, 2022

I’ve said it, primarily because I had heard other auctioneers say it when I attended auctions as an adolescent. For …

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Auctioneers claiming “sole discretion”

June 8, 2022

Auctioneers like having a lot of discretion. Steve Proffitt held auctioneers should have little or no discretion and I tend …

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Auctioneers should and shouldn’t

June 5, 2022

If I have used a guiding principle in my business as well as writings on this platform, I would say …

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Irreconcilable E&O Disclaimers

May 28, 2022

The UCC § 2-316 is often cited in regard that auctioneers can disclaim an express warranty. For instance, I can say I’m selling a …

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Auctioneer escrow accounts

May 25, 2022

We would suggest every auctioneer has an escrow account (sometimes called a special account or trust account) for other people’s …

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New York City auction licensing

May 23, 2022

The New York Times published an article on May 3, 2022, titled “New York City Eliminates the Rules That Govern …

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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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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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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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Auctions, inflation, & deflation

March 3, 2022

Why does anyone attend (or otherwise place bids) at any auction? We have held for years, the likely reason (or …

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Appraisals, auctions, and seller bidding

February 23, 2022

Appraisers often [rightly] use auction values as evidence of value. Yet, we wonder today if an auction with reserve (or …

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Setting your auction bidder criteria

February 9, 2022

We’ve said auctioneers should treat all bidders the same — and they should. In that, we are suggesting you set …

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We’re selling on multiple platforms

February 7, 2022

The auction begins and there are bidders on Platform X, other bidders on Platform Y, and yet other bidders on …

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17 ways to avoid unnecessary risks

January 27, 2022

We’ve been writing and commenting regarding risk in the auction business on this platform since 2009. As a frequent auction …

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Buyer’s premiums charged, retained

January 19, 2022

Let’s see … Tracy hires an auctioneer to sell her family’s farm equipment and tools including tractors, tillage equipment, mowers, …

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