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How many parents have wondered what causes (or caused) their childrens’ bad behavior? Who wouldn’t say it was likely a lack of consequences when they misbehaved? What is causing a lot of auctioneer bad behavior?

As we get phone calls and emails from attorneys all over the United States, asking if we can be of assistance in litigation, sometimes, unfortunately, the issue is auctioneer bad behavior.

Beginning in about 2015 or so, some attorneys have made it their mission to inform auctioneers about all the things they “can do” with little — if any — focus on the possible consequences.

As a result, it is clear that without possible consequences some auctioneers clearly feel empowered to misbehave and sellers, bidders, and buyers are feeling the effects and pursuing damages.

What’s missed is despite any number of disclaimers, waivers, or assignments is that auctioneers cannot likely — successfully — disclaim honesty, integrity, and fair dealing.

Auctioneer bad behavior 05/10/20

As if something is wrong with honesty, integrity, and fair dealing … on the contrary, it seems with all three, there would be far fewer claims, lawsuits, attorneys and pages of terms and conditions noting none of those three are important.

Lastly, careful what you copy, paste and use for yourself. Many auctioneers report that they use the “R&D” (Ripoff and Duplicate) method. What is someone else’s violation of honesty, integrity, and fair dealing shouldn’t be in your terms.

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, an Instructor at the National Auctioneers Association’s Designation Academy and America’s Auction Academy. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by the The Supreme Court of Ohio for attorney education.