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  • 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”.
    • § 2-706. 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

Mike Brandly, Auctioneer Blog

~ A trusted auctioneer and auction expert witness — with unmatched knowledge of both auction law and customary practice.

Tag Archives: with reserve

Auctioneers behaving more “reasonably”

December 2, 2019

For centuries, auction terms and conditions have been — more or less — “my way or the highway.” In fact, …

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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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When to disclose the reserve and when not to …

August 28, 2019

Some auctioneers routinely disclose the minimum bid (reserve) of property they are putting up for auction, and some auctioneers never …

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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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An auction that is both with AND without reserve?

March 20, 2019

There are times that I think maybe overnight I was secretly transported to another planet. I wake up and on …

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When is a seller’s bid a shill bid?

February 27, 2019

Some auctions allow the seller to place bids directly or through another agent (by proxy.) Specifically, in a with reserve …

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Is your absolute auction being advertised/conducted as such?

February 22, 2019

I’m being told that countless auctioneers across the country contract with sellers to sell everything “without reserve” a.k.a. “absolute” and …

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Are competitive pre-auction bids pre-auction?

October 26, 2018

The more and more online bidding platforms are used for simulcast auctions — and in the case of pre-live auction …

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When has the UCC 2-328 been a bad idea?

August 1, 2018

We recently wrote that for auctioneers it’s better to stay out of court than win in court, and lots better …

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Can a lot be unsold at auction?

July 9, 2018

Some questions are easier than others to answer. We think our subject question today is academic — can a lot …

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More bidders or the right bidders?

July 4, 2018

The question again seems to be do auctioneers need more bidders (a larger bidder pool) or just the right two …

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The “basics” of the auction business?

July 2, 2018

I published this blog on June 6, 2018 about the auction industry losing bidders due to some illegal/unethical practices: https://mikebrandlyauctioneer.wordpress.com/2018/06/18/how-the-auction-industry-lost-at-least-one-bidder/ …

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That other bidder, and fraudulent inducement

June 21, 2018

Often perception is more important than reality; auctions in the United States are no exception. Thus, our question today is, …

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Auctioneers … it’s A/B testing, not A testing

June 14, 2018

A/B testing is a useful tool to compare two different ways of doing otherwise the same thing … to see …

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Seller bidding beyond reserve?

May 14, 2018

We start today with the fact there are [only] two types of auctions. Just as state law dictates all across …

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Disclosing the seller can bid at auction …

April 30, 2018

An interesting phone call came in to us the other day and we’re free to share our thoughts regarding. The …

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Auction marketing words matter

April 16, 2018

We auctioneers have been told to leave out (or not emphasize) the word “auction” in our auction advertising. The reason …

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  • Cheaper and easier to work without an auctioneer license?
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