Page 3 - 4th Qtr 2017 Newsletter TAA_FINAL

TAA NEWS

THE REAL AUCTION BUSINESS By: Joel Lemley, CES, CAGA
TAA - 2ND VICE PRESIDENT

Auctioneer or Auction Management….can you distinguish citizens that you will conduct your
the difference? Auctions under these laws as well as
the ethics becoming of a Professional
Having the opportunity to be in front of an audience Auctioneer. If you find yourself having
displaying your talents as an Auctioneer with a crisp and issues with these laws and regulations
quick chant, is the highlight result of years of practice and are questioning what legal path
and experience. Everyone loves to hear the Auctioneer to follow, refer to the TAA Greenbook
at work, but no one sees the work of the Auctioneer available through the Texas Auctioneers Association.
when it comes to management. When you complete If you are preparing contracts, consult with an
your required hours at an accredited Auction School, attorney. If you think just being a contract Auctioneer
are you ready for legally putting on a consignment sale? exempts you from liability you are wrong. When
Do you understand completely what is required of you Auctions are conducted and you are the license
when handling other people’s personal property and holder you are the person from whom all laws, codes,
money? Do you fully understand what is legally required and regulations will fall upon. Never think you can just
for Terms and Conditions? Are up to speed on seller’s go to an Auction, do your thing, and then just walk away
and buyer’s rights under the law? I have not even begun if situations occur.
to touch all the bases of Auction Management.
Do yourself a favor, go to the TAA Convention, sign up
While this article is not going to specifically point out for the law classes that are offered, ask your Auctioneer
the legalities, I am however going to emphasis how friends, consult with long time Auctioneers, and always
important it is to have a general knowledge of these and refer to the legalities written by your State Legislature,
many other requirements to legally conduct an Auction. concerning Auctioneers and Auction Management.

In the case of the State of Texas, Auctioneers receive As a member of the T.D.L. R. Auctioneers Advisory
their license through the Texas Department of Licensing Board I have had the privilege of serving the Auction
and Regulation and provide to Auctioneers a complete Industry with other distinguished members auditing our
listing of the laws established for our industry. The industry’s rights and wrongs. Assisting the Texas State
book titled “A Compilation of Laws Affecting Auctions Legislature in its wording and definition of the codes,
and Auctioneers in the State of Texas” is 865 pages of regulations, and laws I have been speaking of. This is a
definitions of the codes and regulations on how Auctions volunteer position, but allows me to witness the goings
are to be conducted. on in our Government when it comes to Auctioneers
and Auction Companies.
While this may be hard to comprehend, the
thought still remains, we as Auctioneers should On that note I want to say what a privilege it was serving
be prepared with as many basics of the laws and with our Board Chairman the late Jim Samples.
regulations as possible. Auctioneers and Auction He served on the TDLR Board as Chairman since 1999
Companies are sued daily because of skirting the law and held a Texas Auctioneer’s License for over 30 years.
and not understanding the correct way to conduct an He will be missed by the entire TDLR group representing
Auction. When you receive your license or have them the legal and executive levels in Austin.
renewed, you are binding yourself to this State and its

TAA NEW SCHOLARSHIP PROGRAM
Do you know a student that is deserving of a
scholarship? Refer your children or
grandchildren for the special 60th Anniversary
Scholarships to be given next May.

SEE SCHOLARSHIP APPLICATION

insert in this issue!
DEADLINE: APRIL 1

www.texasauctioneers.org 4th Quarter • 2016 3