If you want a discussion with auctioneers that might last a few hours, all day, or even several days …. discuss if they can, should, or should not sell certain property. Nude pictures, Holocaust items, Black Americana, flags, bibles, etc.
First of all, as an auctioneer you don’t have to sell anything unless you are under court order to sell it, and even then, you can instead choose to be in contempt of court. The primary issue is if this property belongs to a client, and you’re not selling it, you need to discuss with your seller the next steps.
Unfortunately, we have auctioneers openly and notoriously violating their agency duties by throwing away their client’s property without the client’s knowledge and consent. https://mikebrandlyauctioneer.wordpress.com/2023/04/10/we-dont-sell-those-so-we-throw-them-away/.
Are their other properties auctioneers shouldn’t sell (can’t sell?) Recalled items are one consideration. Other items may be more costly from a risk standpoint than their value, for instance, most items made from ivory. https://mikebrandlyauctioneer.wordpress.com/2015/09/29/can-auctioneers-sell-recalled-items/.
As well, some property (may) require additional licensing such as real estate, firearms, vehicles, alcohol, seeds, plants, beekeeping equipment, certain chemicals … and even being engaged in the auction business — at all — requires a license in many states.
So, there are items you can’t sell, can sell, should sell, and shouldn’t sell … and it’s up to each auctioneer to decide on the “should” and “shouldn’t” and otherwise pay attention to the “can” and “can’t” list of property. Most importantly, however, be sure to involve your client in all your decisions.
The issue of discussion is when one auctioneer (A) decides (thinking “should”) to sell something that another auctioneer (B) (thinking “shouldn’t”) wouldn’t sell. If the property is legal to sell, I tend to side with the auctioneer (A) selling it because it can be sold. Yet, that’s his or her decision, not mine.
That’s no different than auctioneer (B) telling this auctioneer (A) he or she should sell something that this auctioneer (A) decides shouldn’t be sold. What right does that auctioneer have to insist this auctioneer sell what he or she doesn’t sell?
However, there is the First Amendment which gives you — largely without governmental infringement — the right to say and express yourself. So, you do have a right to tell an auctioneer how he should (or shouldn’t) run his or her business, as he or she has a right to (openly) accept or reject your advice.
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 Auctioneers 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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