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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: reopen

So is it time to reopen?

June 3, 2020

Auctioneers all over the United States have had their businesses affected by the Coronavirus (COVID-19) — some live auctions have …

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Even when your state reopens … should you have a live auction?

May 9, 2020

States are beginning to ease restrictions on businesses regarding the Coronavirus (COVID-19) pandemic. As such, some states are dictating that …

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The costs and benefits of reopening or not reopening the bid

January 2, 2020

I think it’s often not seeing the forest for the trees? Yes, auctioneers can reopen the bid (in very specific …

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United States v. Blair, 193 F.2d 557 (10th Cir. 1952)

December 31, 2019

This somewhat regularly cited case United States v. Blair, 193 F.2d 557 (10th Cir. 1952) has been used to substantiate …

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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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The $1,300,000 or $1,510,000 bull

March 11, 2019

I had no more than walked off my plane and turned on my phone when the voice and text messages …

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Auctions and contract symmetry

November 10, 2018

It was bound to happen I suppose. We receive a call from an attorney about once a week and a …

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Auctioneers — you want to win in court, or stay out of court?

July 26, 2018

I’ve told auctioneers for years that it’s good to be on the “right side of the law.” That is, if …

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The integrity of the bidding process

July 28, 2017

Our topic today specifically regards bankruptcy auctions, but applies equally and reasonably to any type of auction anywhere in the …

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When can auctioneers reopen the bid?

March 23, 2017

We’ve argued a somewhat strict interpretation (practicing our textualism?) of the UCC § 2-328 and the limited right the auctioneer …

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Reopen the bid to only certain bidders?

December 20, 2016

Yes, auctioneers can “reopen” the bid after declaring property “Sold!” And yes, auctioneers do all too often reopen the bid …

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What “may” be auctioneers’ terms & conditions’ worst word choice

December 5, 2016

I have preached one concept in almost every auctioneer class I’ve taught — and rarely if ever do I encounter …

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What is a missed bid?

August 11, 2016

There has been a fair amount of talk about “non-existent tie-bids” and “missed bids” lately. So just what is a …

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Two confusing auction cases …

August 5, 2016

I’ve studied auction law and customary practice over 30 years; there isn’t a day I don’t think about the subject. …

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Terms which say there are “tie bids?”

July 28, 2016

As an auctioneer, it’s always been tempting to put lots of things in the “terms and conditions” of an auction. …

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UCC 2-328 & UCC 1-302

December 1, 2015

Auctioneering in the United States was governed — in part — by the Uniform Sales Act beginning in 1906. The …

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It’s “swart” to have a meeting

October 4, 2013

Many times prior to an auction, the auctioneers will have a meeting. Such a meeting as this is basically conducted …

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Court auctions — does money trump principle?

March 19, 2012

In Federal Bankruptcy auctions — such as in Chapter 11 cases — assets are sometimes sold at public auction in …

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Never reopen the bidding?

July 7, 2011

Sam “Sammy” Roberts is an auctioneer who has a rule. His rule is, “I never reopen the bidding.” In over …

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When can the bid be reopened?

July 5, 2011

As we noted in our post titled: Can auctioneers reopen the bidding?, there is no doubt this question represents the …

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