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I continue to see it over and over … “You as an auctioneer can …” and then radio silence. A follow-up in the minds of auctioneers might reasonably be, “So I should?” Not necessarily. For instance, you can:

  • Drive 135 miles per hour on this road … but should you?
  • Eat 19 hot dogs in one setting … but should you?
  • Go for 2 days without any water … but should you?
  • Walk across the road without looking both ways … but should you?
  • Take on jobs without the appropriate expertise … but should you?
  • Advertise “as-is” and “where-is” but offer no previews … but should you?
  • Sell (at auction) your better items last … but should you?
  • Reopen the bid after “Sold!” in Kentucky … but should you?
  • Treat bidders differently in regard to terms … but should you?

As I glance at this above list, I see nine things you can (likely) do, but probably shouldn’t. However, you are routinely told you, “can” with the implication that’s it’s a good idea — because largely you hear nothing else.

We were prompted to write about this same topic several months ago in light of repeatedly seeing this same pattern: You can …and no comment about prudent practice: https://mikebrandlyauctioneer.wordpress.com/2020/05/18/just-because-you-can-doesnt-mean-you-should/.

You might agree or disagree, but on this platform I have typically endeavored to help auctioneers centered on the right thing to do — good practice, and not merely comment as to the applicable laws or rules.

Indeed the laws and rules are important and may be no more important than in a lawsuit. However, we too often forget that with a concentration on prudent practice, lawsuits can be better avoided. We wrote about that concept here: https://mikebrandlyauctioneer.wordpress.com/2018/07/26/auctioneers-you-want-win-in-court-or-stay-out-of-court/.

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 Supreme Court of Ohio for attorney education.