Category Archives: State Auctioneer Associations

Conference and Show to offer four courses for state licensing requirements

July 17

“UCC and Contracts”

(Three hours of continuing education credit)
Instructor: John Schultz, ATS

This course is an intermediate course tailored for the practicing Auctioneer to serve as a refresher on the Uniform Commercial Code, the importance of solid contracts and an examination of case review and case studies to illustrate issues of weak contracts, warranties and application of the UCC in auctioning personal property. This course addresses aspects and issues of the UCC through a more thorough approach than is generally covered in a basic UCC course, and it addresses the contractual process from the basic elements of the contract through formation and issues of warranties. Finally, this course will explore issues of inspection as they apply to both live and online auctions.

July 18

“State Specific Comparative Auction Law”

(Three hours of continuing education credit)
Instructor: Wendell Hanson, CAI, AARE, GPPA

This course is designed for the multi-state licensed Auctioneer who wishes to have a clear understanding and legally comply with the various state laws as they move from one state to another. This course presents an auction law overview of all 13 states requiring continuing education (AL, AR, GA, IN, IL, KY, NC, SC, TN, TX, VA, WA, WI) and explores the legal similarities and legal differences between each state. Each state’s laws are presented individually and in comparison covering the key points of the following: definitions, licensing and reciprocity, bonds vs. recovery fund, escrow, advertising, continuing education and the rules and regulations. This course also examines grounds for revocation and suspension of a license.

July 19

“Industrial Auctions: 2013 and Beyond”

(Three hours of continuing education credit)
Instructor: Burdette Wilber

This course is designed for the commercial and industrial Auctioneer who wishes to explore ways to stay competitive in the rapidly changing marketplace. This course covers new business development tools, traditional, hybrid and individualized contract agreements, environmental issues, venues, payments, buyer contracts, marketing and processes from set-up through follow-up. This course will explore the traditional practices for this sector as well as current trends and practices with an emphasis on how to incorporate a fresh approach to contracting, marketing and conducting industrial auctions.

July 19

“Business Practices: Post Auction – How We Handle Money, Taxes and Data”

(Three hours of continuing education credit)
Instructor: Wendell Hanson

This course is an intermediate-to-advanced business practices course designed to address issues facing multi-state and travelling Auctioneers specific to how information and funds are collected, managed, handled and distributed. This course will include a review of payment processes and escrow and trust accounting practices, with a more advanced discussion on fund security, data security, consumer protection and other federal regulations affecting Auctioneers that present unique challenges for multi-state licensed professionals. In addition, this course explores changes to sales tax codes as well as collection and reporting requirements in a comparative chart to assist the multi-state Auctioneer and auction companies with tax compliance issues. An introduction to the Streamlined Sales Tax Project by applicable states is included along with a review of other unique sales tax issues that exist in some states. This course will be presented forum style.

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Hall of Fame member was humble leader

Friends and colleagues of former National Auctioneers Association President and Hall of Famer Jim Murphy remember him most for his generosity and work to help feed and shelter the homeless.

NAA members also say he was an Auctioneer who served as an example for the profession. He was personable, talented and ethical, says Kip Toner, BAS, of Kip Toner Benefit Auctions, Seattle.

Murphy died June 3. He was 82.

Toner also says Murphy was a great mentor to many Auctioneers. He had a good sense of humor, which especially prevailed during benefit auctions, many of which he conducted free of charge.

“People could see his passion and people loved his sense of humor and his very, very gentle voice,” Toner says. “They responded to that, and so his benefit auctions were very successful.”

At auction, he was skilled at selling commercial machinery and equipment. Toner says he knew the assets he was selling as well as he knew the buyers in the crowd.

Toner jokes that he and Murphy would measure the success of auctions they conducted together based on the presence of local police, who would sometimes show up to request the Auctioneers help clear nearby streets of auction attendees’ vehicles.

“I was with him one time when he auctioned 13 hours straight … never took a break … some of the people were there from the beginning to the end,” says Toner, who adds that Murphy treated buyers and sellers with a great sense of fairness.

As a leader, many colleagues remember him for the way he managed the National Auctioneers Foundation as its President. They say he was instrumental in turning the organization into one that contributed to NAA programs, as opposed to one that the NAA supported.

Robin Marshall, of Marshall Land Brokers & Auctioneers, Kearney, Neb., says Murphy made the motion that NAF Trustees pay for their own transportation to and from foundation meetings.

Marshall, also a former President and Hall of Fame member, says Murphy was a humble person who displayed a sense of calm and made other people want to follow him. He focused on the big picture; however, Murphy also concerned himself with the little things — such as clean restrooms at an auction facility — that Marshall says made a big difference.

“He was a true leader,” Marshall says. “He raised the bar for professionalism of Auctioneers both in the association and in his own business.”

Dick Keenan, of Keenan Auction Co., South Portland, Maine, agrees with Marshall’s assessment and says the integrity and professionalism with which Murphy ran his business has been passed down through his family.

His son, Tim Murphy, CAI, of James G. Murphy Co., Kenmore, Wash., and his grandson, Colin Murphy, CAI, GPPA, also of the family business, are NAA members.

“He led with his billfold,” Keenan says. “There was never a cause that if he believed in it he wasn’t the first to contribute to. He never asked for anything back.”

Another former President and Hall of Famer, Wil Hahn, CAI, of Hahn Auction Co., Bath, Pa., adds that Murphy was a well-organized person who was always prepared. He was selfless in his generosity, never looking to receive recognition for his charitable contributions.

A member of the NAA for more than 35 years, Murphy was President of the association in 1994-1995. He entered its Hall of Fame in 2000, along with Keenan.

He also was a President of the Washington Auctioneers Association and the founding member of the American National Bank in Edmonds, Wash., according to his obituary.

He was a longtime member of the Serra Club, Knights of Columbus and Crosier Society. For more than 30 years, he was the principal Auctioneer and member of the PONCHO organization, which focuses on funding arts education.

Murphy started several fundraising events and spent many hours supporting programs for the homeless. He gave his time to the Lazarus Day Center, St. Martins Programs Advisory Board and Catholic Community Service Board and Fundraising Committee.

He served the Holy Rosary Parish in Edmonds as a member of its school board, parish council and finance commission, according to the obituary.

Murphy and his wife, Norma, founded James G. Murphy Co. in 1970. The company helped liquidate real estate during the savings and loan crisis of the 1980s and 1990s, according to the Puget Sound Business Journal.

In 1990, Murphy turned the business over to his son, Tim Murphy, and daughter, Julie Rice. He remained active in the business and conducted his last auction April 24.

He is survived by his wife of 62 years; four children, Lorrie Schlanser, Tim Murphy, Julie Rice and Jay Murphy; a brother, Patrick Murphy; and six grandchildren.

Murphy’s funeral took place June 8. Keenan says the 1,000-person capacity church had standing-room only. An Archbishop and 10 priests presided over the mass.

Remembrances may be made to Sno King Serra or St. Martins Programs, P.O. Box 504, Edmonds, WA, 98020.

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Internet auction bill in Nebraska on hold

It doesn’t appear Nebraska’s Senate Judiciary Committee will take action on LB 843 during the current legislative session.

Sen. Paul Schumacher says he proposed the bill in response to constituent concerns that some online auctions were being misrepresented as “unreserved” or “absolute.”

The bill would enable a bidder who feels an auction was not a legitimate, unreserved auction to ask the seller to produce a bid history so that the complainant could decide whether a sale failed for a legitimate reason or because of collusion.

The bidder could then bring action against the seller and would be awarded attorney’s fees if the court finds in his favor. If the court does not find in his favor, he would be required to pay the seller’s attorney’s fees.

As written, the bill would apply to auctions conducted in whole or in part on the Internet.

Supporters of the measure say the legislation is necessary to prevent bid rigging; however, critics, including the Board of Directors for the Nebraska Auctioneers Association, say it could place an undue record-keeping burden on sellers and Auctioneers.

Schumacher has encouraged representative of both sides to work together to resolve their differences and indicated that he may introduce a revised bill during the next legislative session, in 2013.

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Licensing, sales tax among concerns for auction professionals

Government regulations could exacerbate economic problems and continue to place strain on auction businesses in the coming years, according to “Give Me Five, Now Ten … Years Into the Future,” a white paper produced by the National Auctioneers Association’s Council on Future Practices.

Government policies and procedures, in some cases, tend to work against the principles of the auction method because they can be slow and arduous, the paper says. Auction professionals, on the other hand, bring liquidity to the marketplace, and auction transactions can lead to a chain reaction of additional sales that ultimately help the economy.

More specifically, the paper’s authors point out that auction businesses might encounter these regulatory roadblocks:

•    Smaller firms could continue to lose out on contracts, as governmental organizations have in the past favored only big auction companies or those with high amounts of capital
•    Some government agencies have stopped using auction companies because of lawsuits
•    There will likely continue to be no licensing requirements for online-only auctions occurring in most states
•    Auction licensing fees will probably continue to increase, and government agencies might more diligently pursue rule violations as a source of additional income in certain states
•    Certification programs now make it more difficult to earn educational designations
•    Tax laws, particularly when it comes to sales tax, and health care policies could have significant negative effects on small businesses, a category under which most auction businesses fall
•    State governments will begin to view auction professionals as retailers and therefore require auction firms to follow more thorough accounting practices

Present and former leaders of state Auctioneer associations say government regulations are a concern; however, most agree new laws, policies and mandates are to be expected as part of doing business.

Last year’s President of the Alabama Auctioneers Association, John Stewart, says the group is working with the Alabama State Board of Auctioneers to get a new licensing law pushed through the legislature.

Their first attempt at passing a new law, which addresses Internet auctions, was not successful, Stewart says, but the association and board plan to make another attempt in February.

California State Auctioneers Association President Todd Good says the Internet allows business owners to sidestep myriad regulations because transactions take place online.

Good, though, says arms of the government do not exist, are not going after violators or do not have the manpower to enforce certain laws or future legislation.

In addition, he says most auction licensing laws don’t “have any teeth.” Some fines or penalties might amount only to a slap on the wrist, especially when a small fine is levied against an auction firm conducting a multi-million dollar sale.

Federal, state and local governments also strive to bring in tax revenues, and in agreement with the white paper, that has some NAA members concerned about what additional expenses legislators could impose on their small businesses.

New sales taxes could play a significant role in helping municipalities rein in budget deficits.

Stewart says the rumor in Alabama is sales taxes could be on the horizon for estate sales.

“If they start taxing what you’ve already paid taxes on … that’s double dipping,” he says.

Good says Internet sales are likely to be taxed in California. Those who deal in e-commerce should expect to start charging sales tax, he says.

Read the complete story in Auctioneer magazine to find out how other government regulations are affecting and might affect the auction industry in the near future.

Read the Council on Future Practices’ white paper here.

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Task Force recommends major changes for the NAA

The National Auctioneers Association Vision 2015 Task Force has made several recommendations to the NAA Board of Directors.

The Task Force presented the suggestions with the belief that they will ensure the NAA continues to provide relevant and valuable educational opportunities and representation for the auction industry.

NAA President Christie King, CAI, AARE, BAS, says the Task Force recommends that educational opportunities are made available to auction professionals regardless of their role in the business.

She says that in order to make this a priority, there were two supporting recommendations:

1) The Task Force recommends that any auction professional be allowed to join the organization as a voting member; and 2) The Task Force recommends that the name of the organization be changed to the National Auction Association.

The Task Force presented the recommendations, and several others, to the NAA Board of Directors during the Board’s October meeting. The Task Force also discussed its suggestions with the NAF Board of Trustees, the Education Institute Trustees and the NAA Auxiliary Board of Trustees.

After taking into consideration feedback from the respective groups, the Task Force created and sent final recommendations to the NAA Board of Directors. The Board reviewed these during a conference call in November.

In summary, the recommendations are as follows:

1) Create one level of membership that allows all members to vote
2) Change the name of the organization to the National Auction Association
3) Eliminate the Immediate Past President position from the NAA Board of Directors
4) Make it a presidential decision whether or not to appoint an outside individual to the Board
5) Reduce the number of Education Institute Trustees by three (the NAA Treasurer would no longer serve and two other Trustee positions would be eliminated — reduction would occur through attrition)
6) Eliminate one year of service from the tenure of the EI Trustees (from four to three years)
7) Eliminate the Candidate Information Review Committee — create a Nominating Committee that would be responsible for submitting up to two candidates per vacant position (individuals who wish to serve without nominations could still run as long as they met the deadlines specified in the Bylaws)

Some of the recommendations would require a revision to the NAA Bylaws, which can be reviewed with appropriate notice to members. The name change and any revision to the composition of the NAA Board of Directors would require a revision to the Articles of Incorporation, which would require a vote at the Annual Meeting on July 19, 2012, in Spokane, Wash.

The recommendations will be discussed at the State Leadership Conference in March as well as in presentations from various Board members at state Auctioneer association meetings.

Members who wish to provide feedback may do so in an e-mail to NAA CEO Hannes Combest, CAE, at hcombest@auctioneers.org. Feedback will be presented to the Board during its April meeting.

NAA President Christie King, CAI, AARE, BAS, says the Board has not finalized any decision or any revision. It is its goal to obtain as much feedback as possible on the Task Force’s recommendations. A white paper that discusses the group’s recommendations is located on the NAA’s website, http://www.auctioneers.org. Go to the “Member Resources” section and click on the “Downloads” link.

Please see supporting stories on Pages 8-9 of the January issue of Auctioneer magazine.

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Involvement, flexibility important to champion’s success

It’s not always the Auctioneer with the best bid call who wins the International Auctioneer Championship, says Joseph Mast, CAI.

The 2011 men’s division winner says the interview portion of the contest might have given him an edge this year.

That’s because Mast, in his fifth year of the competition, says he felt calmer than in the past. He was confident in his bid calling, and he was well prepared to answer interview questions.

Mast says he prepared himself through networking — he talked with friends in the industry to gain a better understanding of what Auctioneers are facing in today’s business environment. He also thoroughly read each issue of Auctioneer, and he paid close attention to the news.

Everything just came together this year for Mast, owner of Real Estate Showcase, Millersburg, Ohio. He made the finals in each of his four previous years as a competitor, and in two of those years he took second place.

He says it was the IAC competitions, and his attendance at Conference and Show events the past five years, that also gave him an edge in the auction business. The National Auctioneers Association and Ohio Auctioneers Association, he says, have helped him make connections and gain education essential to running a successful business.

One of Mast’s mentors, NAA Auctioneer Steve Andrews, says the IAC and NAA education, particularly the Certified Auctioneers Institute, have contributed to Mast’s success as an Auctioneer and business owner.

Raised on his family’s dairy farm in an Amish community, Mast learned the value of hard work from his father, Jon, who encouraged his son to work six days and rest on Sundays, Mast says. And Mast, 31, attributes that work ethic to his early success as an Auctioneer.

Joseph Mast sells for Barrett-Jackson Auction Co., and he auctions equipment, real estate and thoroughbred horses as a contract Auctioneer.

In 2004, he earned his real estate license and started at Real Estate Showcase, a company he went on to purchase in 2008. Showcase now has more than 50 agents in four offices.

Mast says he stays involved in several business ventures because he believes diversity is the key to success in the auction profession. When one market is struggling, another might be thriving.

“So, I just figured, if I get involved in four or five major avenues, then they can go up and down, and they don’t affect me as strongly when one goes down or one goes up,” he says.

Mast says an Auctioneer must be able to make significant changes — whether in chant, style or demeanor — to adapt for different opportunities.

“If you can be a chameleon and be able to change and adapt to those different venues, that can really help you in the long term,” he says.

Mast says he is open to making changes to his company, whether adjustments are necessary because of technology or other factors. Although he says he wants to remain focused on the rich heritage of the auction profession, he says he must be agile as a business owner and professional Auctioneer.

“Bid calling is very important to me, but it’s not everything,” Mast says. “You need to be well rounded. You can’t just say, ‘I need to work on my chant.’ You need to work on your chant; you need to work on your people skills and your relationships.”

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State Auctioneer Association news in brief

Ohio

The mid-January convention from the Ohio Auctioneers Association brought more than 300 Auctioneers and guests to Columbus, Ohio, according to a news release.

The association provided eight continuing education credits in Ohio real estate, and education courses included the following:

–    “Managing Seller Expectations in Current Market” from Kim Hagen, CAI, AARE, CES, of Hagen Realty Group, Carrollton, Ga.
–    “Getting the Best of Both Worlds — Live and Online Auctions” from J.J. Dower, CAI, AARE, of Ayers Auction & Realty, Marknet Alliance Member, LaFollette, Tenn.

A Hall of Fame award from the association went to Ned Gregg, CAI, of Ned F. Gregg Realty Inc., Sycamore, Ohio.

The convention’s Fun Auction brought $13,700 to support the Ohio Auctioneers Association and Ohio Auctioneers Auxiliary.

Members elected these leaders:

–    President Bill Stepp of Dilgard & Assoc., Ashland, Ohio
–    President-Elect Jeff Harvey, CES, of Wilson-Harvey Auction Group, Springfield, Ohio
–    Vice-President Jason Miller of Kaufman Realty & Auctions Inc., Quaker City, Ohio
–    Treasurer Peter Gehres, CAI, CES, of United Country — Gryphon Realty & Auction Group, Hilliard, Ohio
–    Director-at-Large Jerry Cross, CAI, AARE, of Ravenna, Ohio
–    Southeast Director Pat Sheridan
–    Southeast Director Larry Woods
–    Northeast Director Andy White of Real Estate Showcase Auction Co., Ashland Northeast Director Theresa Blocher of Kiko Auctioneers, Paris, Ohio
–    Southwest Director Mark Euton, CES, of Semple & Associates Auctioneer, Williamsburg, Ohio
–    Southwest Director Tim Lile, CAI, of Ohio Real Estate Auctions LLC, Xenia, Ohio
–    Northwest Director Dan Limber, CAI, of Defiance, Ohio
–    Northwest Director Ken Bonnigson, CAI, CES, of Baker Bonnigson Realty and Auctioneers Inc., Clyde, Ohio

Pennsylvania

The Pennsylvania Auctioneers Association selected as its Auctioneer of the Year Nevin Rentzel, GPPA, of York, Pa., during its mid-January conference.

The conference attracted more than 200 Auctioneers and 27 trade show vendors. The group’s Fun Auction brought $16,540, according to a news release.

The association’s officers for 2011 are as follows:

–    President Kenneth Hansell Jr.
–    President-Elect Randy Betton
–    Vice President Matthew Hurley, CAI, AARE, of Matthew S. Hurley Auction Co. Inc., Greencastle, Pa.
–    Treasurer Robert Ensminger of Robert Ensminger Appraisers and Ensminger Auctioneers, Harrisburg, Pa.

Tennessee

The Tennessee Auctioneers Association elected Scott McCarter, CAI, of McCarter Auction Inc., Sevierville, Tenn., as its President during the group’s winter convention Dec. 5-6 in Nashville, Tenn., according to a news release.

The association also elected these other leaders:

–    President-Elect Van Massey of Van Massey Realtors/ Auctioneer, Fayetteville, Tenn.
–    Treasurer James Gary of Gary Realty & Auction, Springhill, Tenn.
–    Vice President-Middle Jay White
–    Vice President-West Terri Walker, CAI, BAS, CES, of Walker Auctions, Memphis, Tenn.
–    Vice President-East Bobby Carter of Dean Howard & Daughters Auction, Riceville, Tenn.

Other leaders include these Directors:

–    Jeff Morris, CAI, AARE, CAI, AARE, of Morris Auction Group, Memphis
–    Will McLemore, CAI, of McLemore Auction Co. LLC, Nashville
–    Pam Nixon
–    Rick Hinson, CAI, GPPA, of Hinson Auction and Real Estate Inc., Jackson, Tenn.
–    Marc Colson

Virginia

The Virginia Auctioneers Association’s annual winter convention comprised more than 150 members and associates Jan. 7-9 in Richmond, Va., according to a news release.

The association named National Auctioneers Association member Brian Kurdziolek of Chesterfield, Va., its 2010 Auctioneer of the Year for his service and dedication to the auction profession.

Chris Rasmus, CAI, of Rasmus Asset Advisors, Alexandria, Va., was inducted into the VAA Hall of Fame, and Rick Romanus of AuctionServices.com, Roanoke, Va., received the 2010 Jake Horney Memorial Award.

Brian Damewood of Bill Tillett & Craig Damewood Auctioneers, Purcellville, Va., received the Morris Fannon Auction School Scholarship.

Wyoming

According to a news release, at its mid-January convention, the Wyoming Auctioneers Association elected these 2011 officers:

–    President Kurt Campbell of Torrington, Wy.
–    President-Elect Dan Gay of Brannian Auction LLC, Buffalo, Wy.
–    Secretary/Treasurer Juanita Japp
–    Director Eva Brannian
–    Director Herschel Pruitt
–    Director Rosie Weston, GPPA, of Al Rose Auction & Realty LLC, Cheyenne, Wy.
–    Director Bill Weaver of AL/Rose Auction & Realty, Cheyenne
–    Director Brent Wears, CAI, AARE, CES, of Wears Auctioneering Inc., Solon, Iowa

Read more state Auctioneer association news from Auctioneer magazine.

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