Auctioneers and disclosure
What is the fiduciary duty of disclosure? In an auction agency relationship, disclosure requires an auctioneer to promptly communicate material information that could affect the seller's decisions. It is one of the core fiduciary duties owed by an agent. Without complete and timely disclosure, a seller cannot make informed decisions about marketing, pricing, bidding strategy, or other important aspects of an auction. Disclosure means sharing information that a reasonable seller would […]https://mikebrandlyauctioneer.wordpress.com/2026/06/24/auctioneers-and-disclosure-2/
Auctioneers and loyalty
What is the fiduciary duty of loyalty? In an auction agency relationship, loyalty requires an auctioneer to place the seller's lawful interests ahead of the auctioneer's personal interests while acting within the scope of the agency relationship. It is one of the core fiduciary duties owed by an agent. Loyalty requires honesty, good faith, and avoiding conflicts of interest that could compromise professional judgment. Most examples of loyalty are straightforward. An auctioneer should […]https://mikebrandlyauctioneer.wordpress.com/2026/06/22/auctioneers-and-loyalty-3/
Auctioneers and obedience
What is the fiduciary duty of obedience? In an auction agency relationship, obedience requires an auctioneer to follow the seller's lawful instructions that fall within the scope of the agency agreement. It is one of the core fiduciary duties owed by an agent. Obedience does not require blind compliance. An auctioneer should not follow instructions that are illegal or outside the authority granted by the agency relationship. Sometimes a seller's instructions strengthen the auction. A seller […]https://mikebrandlyauctioneer.wordpress.com/2026/06/19/auctioneers-and-obedience-2/
Defamation, libel, and slander
In the auction industry, reputation is often one of an auctioneer's most valuable assets. Buyers, sellers, and fellow professionals rely heavily on trust, honesty, and credibility when choosing whom to do business with. Because of that, false statements about another person can have serious consequences. Auctioneers should understand the legal concepts of defamation, libel, and slander, both to protect their own reputations and to avoid making statements that could create legal […]https://mikebrandlyauctioneer.wordpress.com/2026/06/17/defamation-libel-and-slander/
Sold, valid, customary
In auction practice, the word “Sold!” is commonly associated with the end of bidding, but it is not a legal requirement for a binding contract to form. What controls the legal outcome is whether the auctioneer clearly accepts the highest bid under the announced terms and conditions. Once acceptance occurs, a contract is formed between the seller and the high bidder, even if the word “Sold” is never spoken. Under general auction principles reflected in UCC § 2-328 […]https://mikebrandlyauctioneer.wordpress.com/2026/06/14/sold-valid-customary/
Absolute or “with reserve” auction?
Many homeowners seek the best way to sell their property, and auction marketing often emerges as a practical choice. When you look closely at the options, absolute auctions favor the seller. Published minimum bid auctions also place the seller in a strong position. They expand the bidder pool. They increase competitive tension. The pricing often exceeds what seller confirmation or secret reserve formats deliver. Buyers behave very differently when they know exactly how the auction will work. […]https://mikebrandlyauctioneer.wordpress.com/2025/12/01/absolute-or-with-reserve-auction/
What is your reputation?
Your auctioneer brand is your professional reputation in motion. It is the combination of your character, competence, and consistency. It is how bidders, sellers, attorneys, and the public describe you when you are not in the room. In auctioneering, perception and performance must align. Authenticity is not a marketing tactic. It is a professional obligation. Auctioneering is a people centered business built on trust. If bidders question your fairness, or sellers question your transparency, […]https://mikebrandlyauctioneer.wordpress.com/2025/11/30/what-is-your-reputation/
The “problem” appears later?
Many auctioneers eventually deal with consignors who bring items that look acceptable at intake. Later, these items reveal issues once cataloging begins. It is a power tool that no longer runs. It's a collectible that is not authentic. There is a vehicle missing a title that the consignor forgot to mention. These problems usually only occur once or twice in an auction. Still, even a few can disrupt bidder confidence. They also add stress to your staff. A reliable process begins at check-in […]https://mikebrandlyauctioneer.wordpress.com/2025/11/29/the-problem-appears-later/
3i/Atlas
Mike Brandly, Auctioneer Blog
CBC Nova Scotia