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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: UCC 2-328

What this sign means …

May 5, 2020

We’ve been asked what this sign means 100’s of times … and it could mean several things: The car sells? …

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Absolute auction … and how many bidders is enough?

March 20, 2020

Absolute auctions [should] constitute the “genuine intent to transfer to the highest bidder regardless of price.” However, if there are …

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Does auction law have to catch up with technology?

March 17, 2020

Personally, I find the statement, “The [auction] law has not quite caught up to technology” facinating and interesting. Yes, some …

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Auction cancellation fee that is fair

February 10, 2020

It’s always a good reminder for auctioneers — your contracts, terms, conditions, policies, etc. likely need to be “fair” (maybe …

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Curious auction terms & conditions

January 31, 2020

Many auctioneers (and sellers) sell property without reserve (absolute) in order to increase the number of bidders and associated prices. …

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Is it an auction or an auction?

January 23, 2020

Laws and regulations around the United States are not in unison. Most laws use the word “auction” meaning an auction …

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“Sold!” shouldn’t be a lie

January 3, 2020

Here’s the problem. The law allows (but does not require) auctioneers to lie. We can indeed say, “Sold!” (in certain …

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Bids that can/can’t be placed at auction

October 7, 2019

We have written about who cannot bid at an auction more than once. Today, we hope to write about that …

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Is the minimum bid really the minimum bid?

August 16, 2019

What does this sign say? It says the minimum speed is 40 miles per hour. So, what if you are …

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When can the seller bid without recourse?

June 7, 2019

Auctioneers around the United States have held since the forming of this country that at auction, the seller can bid …

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“Professional” auctioneers shouldn’t be trusted? Really?

April 9, 2019

Are you a “professional” auctioneer? One who makes a living as an auctioneer? That would be a common definition, but …

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What is a flash [auction] sale?

March 26, 2019

I received the email, as I suspect you did. Real property being offered in a flash sale — auction. What …

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Puffing and bids in bad faith

March 18, 2019

We were discussing a case with an attorney regarding the last two (2) sentences of the UCC 2-328 [basically section …

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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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Auctioneers and “the” law versus “that” law

March 7, 2019

  Our subject today is law. Law is discussed all over the world every minute of every day by lawyers …

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What if the seller bids first in an absolute auction?

February 4, 2019

We previously wrote about the somewhat perplexing situation where the seller is bidding first in regard to the “last good …

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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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Why are we looking for “tie bids?”

December 31, 2018

A tie? The three horses above finishing in a dead heat. Two teams with the identical score at the end …

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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, Facebook, Censorship and [Fake] News …

August 15, 2018

On Thursday, July 26, 2018 Facebook‘s stock plunged 19% losing about $119 billion in market value constituting the biggest single-day …

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