We’ve been writing and commenting regarding risk in the auction business on this platform since 2009. As a frequent auction expert witness, I’m in a unique position to comment on what I’m seeing in auction litigation (over 40 material cases, over 40 states) around the United States.
There is no way to insulate oneself completely from the risk of litigation. However, it is absolutely clear that if you as an auctioneer want to spend less time in court defending your policies, you need to keep this chart in mind:
For some of these 17 points, there are issues regarding “you can” or “you may” versus in court where it’s more likely “you should or shouldn’t” or “you must or must not.” I would offer auctioneers are at far less risk when they contemplate what they “should or must” do, versus simply the ability or permission to do.
As an auctioneer, you can decide how you wish to behave. Risks clearly increase when auctioneers are selling material assets, and the above guidelines are not followed. It’s also a good idea to consult competent legal counsel when setting policies.
If you would like more information on these 17 aforementioned (and any other) points, feel free to search our platform (with the search box in the upper right of the site.) If we haven’t addressed your particular question, reach out to me and I’ll get you an answer.
Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, RES Auction Services, and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, and an Instructor at the National Auctioneers Association’s Designation Academy and Western College of Auctioneering. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by The Supreme Court of Ohio for attorney education.
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