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  • Auction case law
  • Auction Publications
    • Auctioneers Use Marketing Skills & Urgency
    • Drew L. Kershen Horse-Tradin’
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    • 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: risk

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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Title, possession, and risks

October 28, 2021

Most agree that the Uniform Commercial Code (UCC) suggests that by default, once an auctioneer says, “Sold!” title transfers at …

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Steve Proffitt & Discretion

October 25, 2021

If one word is preached in auctioneer circles it’s “discretion.” For example, discretion to reopen the bid (or not,) or …

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Following the law or your own law?

September 22, 2021

Is it okay to drive 70 miles per hour in a 70 miles per hour zone? Generally, yes, unless circumstances …

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Anomalist Auctioneers

June 7, 2021

I’ve only used the term once before on this platform. Generally, people use the word, “anomalist” for 2-3 different circumstances, …

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On any given Sunday …

April 18, 2021

As one who teaches classes to auctioneers all over the United States, one thing stands out: Many auctioneers are looking …

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Are there bad auction laws?

April 2, 2021

I’ve often said state and federal legislatures don’t do a very good job legislating. Laws are written and/or adopted and …

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Auctioneers: What does this sign say?

May 27, 2020

There seems to be substantial disagreement in the auction community regarding what this sign says. Actually, there appear to be …

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Online platforms dictating what can/can’t be sold? Sure they are …

October 16, 2018

We were prompted to write an article concerning bibles and flags at auction in 2014 after a number of auctioneers …

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Auctioneer handheld microphone danger

May 4, 2017

Erin Doherty Ward recently remarked about her concerns regarding an existing third-party microphone for an event. She has now secured …

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Is buying at auction considered gambling?

January 9, 2012

Cory attends many auctions. He is always looking for something to buy for which he believes he can resell for …

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Guarantee & Split Auctions

March 9, 2011

We recently wrote about how auctioneers are paid. Now we wish to explore yet another method of an auctioneer working …

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Recent Posts

  • What if the buyer says he never received?
  • Your seller “seeing the market?”
  • Auctions, equal footing, binding alike …
  • Auctioneers … does shipping matter?
  • Are Auctioneers Third-Party Settlement Organizations?
  • How to win an online auction
  • At an auction, it “appears” to be …

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Top Posts

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