• 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: litigation

An obligation to disclose?

January 22, 2021

Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care. …

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Auctioneers: When is a lack of evidence … evidence?

January 15, 2021

I majored in Mathematics at The Ohio State University. One of my several particular interests in math was prime numbers. …

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What page should that be on?

October 29, 2020

It’s interesting to me that terms and conditions — particularly for real property auctions — keep getting longer and longer. …

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Escalation clauses and auctions

September 28, 2020

In so-called “hot” real estate markets (seller markets,) often sellers are presented with multiple offers soon after listing. In such …

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You can … so you should?

August 17, 2020

I continue to see it over and over … “You as an auctioneer can …” and then radio silence. A …

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What are “Auction prices?”

August 11, 2020

Of course, we know that “Auction prices” are the prices obtained at public auctions. Our question is more so … …

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Expert witness standards

July 13, 2020

Many people every day of the week testify in courts and otherwise as expert witnesses. I’ve testified dozens of times …

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How different attorneys can (and shouldn’t) help auctioneers

June 30, 2020

In a recent story, we noted attorneys (lawyers) can represent clients as advisors, advocates, negotiators or evaluators. As well, lawyers …

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Auctioneers “Can too …” defenses

June 1, 2020

I was discussing an auctioneer’s question the other day and I told him, “You can’t do that.” His reply? “I …

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What causes [auctioneer] bad behavior?

May 23, 2020

How many parents have wondered what causes (or caused) their childrens’ bad behavior? Who wouldn’t say it was likely a …

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What kind of auctioneer do you want to be?

April 21, 2020

We all want to be auctioneers who are perceived as honest, having integrity and a reputation of fair dealing, right? …

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Conflict of interest for an auctioneer

April 16, 2020

Our topic today regards if — and when — do auctioneers become involved in situations where they have a conflict …

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Auctioneers and the “zero-sum” game

April 10, 2020

What is a zero-sum game you ask? Generally, in games or life, a zero-sum game means that a gain for …

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You have to be willing to be hated?

April 7, 2020

I receive lots of emails, texts, Facebook messages and phone calls from other auctioneers — almost every day. Maybe we …

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Can auctioneers be presumed guilty?

December 23, 2019

The famous Supreme Court of the United States case Coffin v. United States, 156 U.S. 432 (1895) and numerous subsequent …

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Courts, venue and your auction terms and conditions

November 27, 2019

You are an auctioneer in Maine. You sell an item (for your seller) to a buyer in Alaska. Your terms …

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Auctioneers and the statute of limitations

August 22, 2019

Auctioneers sometimes sue sellers and even bidders/buyers. Sellers, bidders and buyers sometimes sue auctioneers. Our topic today is how old …

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Auctioneer opinions?

January 23, 2019

Seemingly everyone has an opinion about almost everything. Best flavor of ice cream? Best movie? Ideal place to vacation? Lots …

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Auction expert witness and standards of proof

July 16, 2018

As we serve more and more as an expert witness (and consultant) in auction related legal cases around the United …

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How the auction industry lost at least one bidder

June 18, 2018

I testify in many auction-related cases across the United States — including in Ohio, Indiana, West Virginia, Illinois, Tennessee, Louisiana, …

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  • Could posting false information have consequences?
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  • Auctioneers speaking about health
  • You’re not advertising my auction on Facebook?

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