Many auctions have specific times set for certain property — the house/real property sells at 12:00 noon. The car sells at 1:00 pm. The jewelry ring will begin at 2:30 pm. The watch collection auction starts at 4:00 pm.
Or, maybe an auctioneer approximates a time for certain property … in that the tools will sell after 1:30 pm, the pottery will start to sell between 9:00 am and 10:00 am. The tack will sell right after the 11 saddles at 2:30 pm.
Further, an auctioneer might imply some overall starting times for certain property — in that we’ll start in the front yard at 1:00 pm and then do the back yard after that, followed by the tools in the side yard. If there’s 400 lots in the font yard, it’s reasonable for buyers to expect the back yard won’t start before 3:00 pm, for example.
It seems to us that besides an auctioneer saying “This is a Rolex wristwatch” and “It works great” and “It’s guaranteed genuine” that “It will sell at 10:30 am.” is also a part of the description. If it’s not a Rolex watch, or it doesn’t work, or it’s not genuine, or it sells at 10:00 am, there are going to be problems.
How exactly would any auctioneer expect a bidder/buyer to feel? I said it’s a Rolex but it’s not? I said it works, but it doesn’t? I said it’s genuine, but it’s not? I said it would sell at 10:30 am and it didn’t? I know how most everyone would feel about any of these circumstances — where people expect auctioneers to keep their word.
Yes, the world is not perfect and things happen. It could be a thunderstorm; it could be a court-order; it could be level 3 snow emergency. In situations such as this, plans often require adjustment. But changing the time of this Rolex watch from 10:30 am to 9:00 am because some big-hitter buyer said he couldn’t stay until 10:30 am is nonsensical, unnecessary and risky.
With a thunderstorm, court-order or snow emergency or the like, it would be important to notify bidders/buyers so that they could adjust their schedules accordingly. A notice on a website, announcements made into a sound system or emails out to registrants could possibly provide sufficient notice.
No doubt there’s already been lawsuits concerning a breach of time or day in regard to an “auction sale time.” Nevertheless, just imagine if this Rolex watch was owned prior by the Estate of Walter Miller and Walter’s grandson wishes to own it — and plans to attend your auction where the watch is advertised to sell at 10:30 am — and it’s not.
Some auctioneers continue to amaze me in that “for the benefit of the seller” we can say, “Sold” and not mean it, say it’s a Rolex and not mean it, and say it’s selling at 10:30 am and not mean it. Is the theory that auction bidders and buyers are attracted to lying, misrepresentation, fraud, and unethical practice? In other words, fewer bidders somehow helps your seller?
Rather auctioneers should endeavor to be honest, have integrity and deal with bidders/buyers/sellers with a sense of fairness and reasonableness — and make some rules for yourself that you would as well appreciate being applied to you if you were “in their shoes.”
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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