The United States is a county founded on freedom. Freedom of speech, freedom of religion, freedom to assemble, freedom to keep and bear, and lots of related freedoms. Yet, we live in a society that when our freedoms infringe on others’ freedoms, there’s rightly considerable discussion.
You could think, “I have the right to smoke” as smoking largely impacts solely your health, but you likely can’t smoke in a public area (restaurant, airplane, hospital, etc.) for example, because that smoke can affect other’s freedoms. Similarly, one could argue we have the right to enjoy ourselves so long as that enjoyment doesn’t prohibit others’ rights to enjoy themselves.
Auctioneers specifically are bound to the terms of the auction just like sellers and bidders are likewise bound. Yet, some auctioneers think they have the freedom to vary the terms unilaterally. The problem with this (outside of case law) is that such discretion adversely affects others’ rights to equal treatment and fair dealing.
I’m constantly reminded that auctioneers — generally — believe they have the right to do anything they want, and also believe other peoples’ rights can be routinely restricted. Maybe a no more glaring example is the claim that the auctioneer can (should) void the contract after, “Sold!” but this subject buyer cannot.
Our current Coronavirus pandemic has brought out a slew of new proclamations — “You can’t close my business,” “You can’t make me wear a mask,” “You can’t make me get a vaccine,” You just can’t make me do anything, but I suspect we have to follow your rules? Have to register? Must bid online? Accept the purchase “as is?”
We have written about the pandemic and auctioneers several times, including this treatise about auctioneers defying the federal government, governor’s orders, CDC, county officials, and pretty much everyone else, which received much attention: https://mikebrandlyauctioneer.wordpress.com/2020/03/19/so-youre-still-having-live-auctions-despite-a-pandemic/.
This debate is not limited to auctioneers, but that’s my occupation so I see it play out in my field all the time. Basically, the arguments tend to contrast anarchy versus an authoritarian state. I’m convinced neither extreme is desirable and we’ve done a pretty good job of balancing somewhere between the two — until more lately.
Further, some arguments tend to evolve to a stance that if you tell me I can’t smoke somewhere (everywhere) — for example — I can just claim your research and conclusions regarding smoking are unreliable, and/or meant only to exert more government control. I might even start to share conspiracy theories about how smoking is actually good for our health.
I see this time, and time, and time again in courtrooms around the United States. Generally speaking, auctioneers get sued or there is litigation because the auctioneer truly believed he or she has the right to do absolutely anything, and sellers, bidders, and buyers are merely second-class citizens with no such unlimited rights; it’s a precarious philosophy.
I’m often reminded of a car accident that my mother told me about when I was only a child — at a 4-way stop in rural Ohio. Another mother and her child approached this stop, where the other driver didn’t even slow down. The child was killed and my mother told me, “He felt that 4-way stop didn’t apply to him … other people should somehow know that.” She was horrified.
All your freedoms can and are restricted, such as limitations on speech, assembly, religion, and the right to keep and bear. Laws can restrict any right so long as the regulation doesn’t create an undue burden regarding exercising that right and serves some public good.
Personal choices are wonderful but when your so-called personal choices affect others and their personal choices, you might step back and realize we live in a collective society, and not anarchy. Further, regulating for the greater good is a far distance from an authoritarian state.
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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