It wasn’t distinctly expressed this way, but it was surely implied. Auctioneers can do anything they want with no consequences. Yes, you read that right — do anything with absolutely no ramifications.
So, nobody should take any action against any auctioneer even if they break the law, commit fraud, misrepresent the property, steal money, shill bid, or anything else? Indeed, that’s what I was told.
The “nobody” I’m referring to is any attorney, law firm, seller, bidder, buyer, state or federal agency, court, jury, expert, or fact witness … nobody essentially means — everybody should let auctioneers do anything they want.
For example, Pennsylvania auctioneer licensing law 63 Pa. Stat. § 734.20 (a) (8) says the state may refuse, revoke, or suspend an auctioneer’s license (or assess a $10,000 fine) for, “knowingly using false bidders, cappers or puffers.” Yet, the argument seems to be this is unconstitutional somehow and/or shouldn’t be enforced?
You see, the implication (as proposed and/or merely repeated) was clearly that no auctioneer should be disciplined, sued, or otherwise “gone after” for violating 63 Pa. Stat. § 734.20 (a) (8) even though this statute clearly says the state has that exact right.
However, let’s say a bidder is injured by false bidders, cappers, or puffers in Pennsylvania … can the state take action against the auctioneer? Can a bidder sue the auctioneer? Could the bidder hire an attorney? Could the attorney hire an expert or fact witness?
Admittedly, this conversation caught me a bit off-guard. Some auctioneers misbehave just like some auction sellers, bidders, and buyers behave improperly. However, not “going after” auctioneers has some personal benefit — as I’m sure nobody can “go after” me either?
Interestingly, we wrote about this type of subtle “dog whistle” type suggestion before: https://mikebrandlyauctioneer.wordpress.com/2021/12/26/auctioneer-has-the-right-to-do-whatever/. This time was eerily similar but different in two respects — not only can auctioneers do anything they want, but (said out loud) there should be no allowable consequence.
We’ve been engaged by bidders, buyers, sellers, auctioneers, and their attorneys and we’ve never once been party to any of these lawsuits. We’ve endeavored to help auctioneers or the auction industry as a whole: https://mikebrandlyauctioneer.wordpress.com/2018/08/06/helping-auctioneers-or-the-auction-industry/.
Nonetheless, this is absurd thinking, and auctioneers who aren’t misbehaving (following the law, acting ethically, in good faith) don’t have much to worry about. Those who are breaking the law, acting unethically, and in bad faith can and should behave better — to benefit all in the auction industry.
To quote from a recent article in the National Auction Association magazine: “Together we can grow and protect our great profession.” Protect it? Well said … let’s protect our great profession from fraud, theft, misrepresentation, shill bidding, and other like activities that hurt us all, right?
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, Brandly Real Estate & Auction, and formerly at 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 Auction Association’s Designation Academy and Western College of Auctioneering. He has served as 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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