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    • § 1-302. Variation by Agreement.
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    • § 2-328. Sale by Auction

Mike Brandly, Auctioneer Blog

~ All about auctions and auctioneers, with observations on auction law and customary practice

Tag Archives: UCC 2-328

Maybe selling absolute with binding opening bid?

April 23, 2018

It’s selling without reserve and we have bids … How do we know that? Because it says “without reserve” clearly …

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“Types” of auctions and ice cream

April 12, 2018

I quote from court cases involving auctions all the time. Court decisions are important for auctioneers to comprehend to avoid …

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Auctioneers should stay in their lane

April 5, 2018

I’ve probably said it 1,000 times … auctioneers should stay in their lane. What I mean by that is … …

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Is the reserve price a material fact?

March 7, 2018

Buyers at auction want to know lots of things such as the number of bedrooms, annual taxes, the horsepower of …

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Giving my advice to auctioneers

March 1, 2018

I recently returned home from what has become my annual “auctioneer convention season” including conferences and other events in Ohio, …

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The fall … falling … fallen hammer?

February 5, 2018

We have discussed the UCC 2-328 extensively in classes around the United States, as well as in several articles contained …

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Won? Sold? Reopen? Exceptions?

February 3, 2018

Auction terms and conditions are important. They prescribe the rights and duties of the auctioneer and the bidders — or …

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Bidding with a contingency … a higher bid?

February 1, 2018

I’m one of only a few people around the United States who has the immense responsibility to teach auctioneers how …

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At auction: Is it wanting or buying?

January 11, 2018

Marsha L. Richins of the University of Missouri wrote about our title in her paper, “When Wanting Is Better Than …

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Selling absolute mandates you “reopen bids?”

December 11, 2017

Selling absolute (without reserve) dictates that the subject property is selling to the highest bidder. In other words, the buyer …

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Auctioneer may establish reasonable bid increments?

December 4, 2017

We have been discussing “cut bids” (most notably here: https://mikebrandlyauctioneer.wordpress.com/2017/11/21/as-the-auctioneer-do-you-have-to-take-a-cut-bid/) and a few states in the United States have enacted …

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Can auctioneers ignore bids?

December 1, 2017

Selective hearing? I only see or hear bids I want to? I only have to accept offers which are acceptable …

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Negotiating with a “cut” bidder

November 24, 2017

We no more than published — and talked via the http://www.fasttalkingpodcast.com — about cut bids (https://mikebrandlyauctioneer.wordpress.com/2017/11/21/as-the-auctioneer-do-you-have-to-take-a-cut-bid/) when we received an …

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As the auctioneer, do you have to take a “cut” bid?

November 21, 2017

As the auctioneer, do you have to take a “cut” bid? Maybe. But first — what is a cut bid? …

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At auction, can we force sellers to sell? Buyers to buy?

November 16, 2017

Auctions involve an auctioneer putting a seller (client) in contract with a buyer (customer) concerning the purchase of some property. …

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The UCC 2-328 Sentence #9 (of 9)

November 9, 2017

The UCC § 2-328 (Sale by Auction) only has nine sentences, but they all are widely misunderstood. Here we take …

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The UCC 2-328 Sentence #8 (of 9)

November 6, 2017

The UCC § 2-328 (Sale by Auction) only has nine sentences, but they all are widely misunderstood. Here we take …

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The UCC 2-328 Sentence #7 (of 9)

November 2, 2017

The UCC § 2-328 (Sale by Auction) only has nine sentences, but they all are widely misunderstood. Here we take …

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The UCC 2-328 Sentence #6 (of 9)

October 30, 2017

The UCC § 2-328 (Sale by Auction) only has nine sentences, but they all are widely misunderstood. Here we take …

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The UCC 2-328 Sentence #5 (of 9)

October 19, 2017

The UCC § 2-328 (Sale by Auction) only has nine sentences, but they all are widely misunderstood. Here we take …

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