The Bid Caller. A Message From The President. South Carolina auctioneers Association. What s Inside. SCAA President David Meares, CAI, GPPA

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1 The Bid Caller 2016 ISSUE NO. 2 JUNE, 2016 South Carolina auctioneers Association A Message From The President SCAA President David Meares, CAI, GPPA What s Inside President s Message 1 16 Board Of Directors 2 Upcoming Events 2 About The Bid Caller 2 It s Not To Early! 3 Auction Post Cancellation? 4 What s In Grand Rapids Anyway? 5 New Graduates 6 Jobs & Resource Board 6 June 1, 2016 Dear SC Auctioneer: Special Membership Meeting Tuesday, July 12, 11:00 AM Hilton Garden Inn Columbia 8910 Farrow Road, Columbia, SC Purpose: Election of Officers and Directors As you are aware, we recently passed some big changes in our SCAA By-Laws. Thank you all for your prompt attention to our vote. A majority of the members voted for those changes, and the biggest change was a reduction in the number of officers and board members. Our next step in implementing the new by-laws is to elect officers and board members. In order to hold an election, we will hold a special meeting at The Hilton Garden Inn, 8910 Farrow Road, Columbia, SC 29203, on July 12, 2016 at 11 AM. (This is the same hotel that hosted our convention in January.) Please make every effort to attend! The Nominating Committee, consisting of Mike Harper, Randy Ligon, Darron Meares & Rafe Dixon, will place into nomination the following slate: Reciprocal States 7 Annual Boosters 8 President, term expiring 2/2017: Secretary-Treasurer, term expiring 2/2017: Director, term expiring 2018: Director, term expiring 2019: Rafe Dixon David Yoder Bob Robeson, Tony Adams Paul Yoder, Bryan Hope The floor will also be open for nominations, which are encouraged! If you plan to nominate someone from the floor, please have that person s knowledge and permission before doing so. The Bid Caller is the official newsletter of the South Carolina Auctioneers Association. This newsletter is published by the SCAA as a service to its members and supporters in the auction industry. Suggestions are welcome for articles in future editions. Also, please plan to attend our annual convention. This year we ll be in Columbia, SC on February 17-19, Note that this is a change in dates from what we have done for the last several years. Mark your calendar now! I hope you will plan to attend this meeting for officer elections. It is important that we have your participation! See you on July 12! David Meares

2 2016 ISSUE NO. 2, June THE BID CALLER PAGE 2 STATEMENT OF PUBLISHER THE BID CALLER is the official publication of the South Carolina Auctioneers Association. Readers are invited to submit manuscripts, which preferably would be limited to 2,000 words or fewer in length. THE BID CALLER S advertising policy attempts to conform its advertising to business endeavors. Products or services advertised in THE BID CALLER are not directly or impliedly endorsed by the SCAA. The views and opinions implied or expressed herein by authors and advertisers are not necessarily those of SCAA, the editor or the publisher, and no responsibility for such views will be assumed. This newsletter is provided with the understanding that opinions, instructions and advice provided by contributing authors and editors are those of such authors and editors and not of this publication. Neither the publisher nor the editor is engaged in providing professional opinions of any nature. If technical or professional advice is required in any aspect of your business, we encourage our readers to seek professional services. THE BID CALLER publication may refuse to accept any and all advertising or articles it believes to be false, fictitious or misleading. AD COPY AND ARTICLES MAY BE SUBMITTED TO: THE BID CALLER Elaine Christian, Publisher PO Box Raleigh, NC Fax: elaine@execman.net RATES OF ADVERTISEMENT Annual Booster $30 per year (four issues) Annual Sponsor $100 per year (four issues) Business Card Ad $25 per issue/$100 per year Quarter-page Ad $50 per issue/$200 per year Half-page Ad $100 per issue/$375 per year Full-page Ad $150 per issue/$550 per year PUBLICATION DATES Article and ad deadlines: FEBRUARY 1 AUGUST 1 MAY 1 NOVEMBER 1 Any and all SCAA members are encouraged to send information on past or coming events they have conducted or news articles that would be of interest to other members. Please send profiles of members who you feel deserve to be highlighted in our publication. 16 Board of Directors President David Meares 315 Eastview Road Pelzer, SC david.meares@ mearesauctions.com Vice President Merle Sharick 182 Neptune Lane Prosperity, SC highbid@bellsouth.net Secretary/Treasurer David Yoder PO Box 435 Fair Play, SC davidyoder20@gmail.com Director 2016 J. Tony Adams PO Box 563 Santee, SC Jtadams1941@gmail.com Director 2016 Brandon Howe 10 N. Watson Road Taylors, SC brandon@terryhowe.com Director 2017 Bryan Hope PO Box 431 Ninety Six, SC bhopen96@yahoo.com Director 2017 Pete Jenkinson 183 Hwy 413 Anderson, SC jenkspete@hotmail.com Director 2018 Carole Hoskyns 469 Old Georgia Road Pelzer, SC carole@carolinaauction.com Director 2018 Mike B. Harper, AARE 984 Sea Gull Dr. Mt Pleasant, SC (Cell) mike@harperauctionand realty.com Director 2019 Robert Robeson PO Box 206 Chesterfield, SC bkcrobeson@shtc.net Director 2019 Brent Murdoch PO Box 4125 Spartanburg, SC brentmurdoch@ carolinaauction.com Immediate Past President Rafe Dixon 1560 Alice Drive Sumter, SC (Office) rafe@jrdixonauctions.com UPCOMING EVENTS July 12, 2016 Special Membership 11:00 AM Hilton Garden Inn Columbia July 19-23, 2016 NAA Convention Grand Rapids, MI August 1, 2016 The Bid Caller Ad Deadline Submit materials to home office. NOT YET A MEMBER? Come join us! Contact our headquarters at for a free information packet to find out how an SCAA membership will strengthen your future! Know an auctioneer who is not a member of the SCAA? Encourage them to attend functions and to belong to an association designed for their profession. See above for contact information.

3 PAGE 3 THE BID CALLER It s Not To Early! J. L. Pinckney Scholarship Eligibility Hall of Fame Eligibility and Nominations 2016 ISSUE NO. 2, June Any student may apply for an award from the Scholarship Fund providing they are currently attending or have been accepted to an accredited college, university, or trade school. Each student will submit an application for Scholarship Funds using the standard SCAA, J. L. Pinckney Memorial Scholarship Fund Application along with transcripts from the previous school year and a 300 word or less summary of why the student feels qualified for the award. The student should include any special financial or hardship needs in the summary. The application must be postmarked by the deadline which will be no later than December 1 st of each year. Any Member of the SCAA, resident or non-resident, is eligible for nomination to induction to the SCAA Hall of Fame. Nominations may come from any member of the Association, the family of any member of the Association, or any community leader on behalf of any member of the Association. Nominations must be submitted on the Candidate Nomination and Evaluation Form or facsimile of the form to the current Chairperson of Hall of Fame Committee. Nominations must be received not later than January 1 st preceding the annual convention. More information will be available in the next newsletter.

4 2016 ISSUE NO. 2, June THE BID CALLER PAGE 4 Auction Post Cancellation? Connie s father Frank died suddenly. She had worked with him at his lumberyard for nearly ten years. Frank bequeathed (and technically devised) the lumberyard to her upon his death per his will. However, Connie desired to sell the lumberyard and move away to Arizona. Connie contacted David Jackson, Auctioneer and signed a contract to sell at absolute auction the contents of the lumberyard and the real property (separately) on May 10. Auction day arrived with a large crowd in attendance and online bidding for those offsite. For the first hour the auction went well, with lumber selling for about 30% of retail about what Connie was expecting. Thereafter, the prices began to fall to about 20% and then near 10% of retail. Connie approached David Jackson and informed him he was to stop the auction. David s reply was that he couldn t since this was an absolute auction, and continued thereon. Connie noted what lots were sold already, and what lots remained unsold at the moment she told David to stop the auction. She phoned her attorney who informed her to put David on the phone with him. Connie s attorney told David that while the auction was indeed absolute, it could be stopped at anytime, leaving unsold lots as such. Nevertheless, David continued to sell the lumber and then proceeded to sell the real property as originally planned, citing his contract with Connie granting him the exclusive right to do so. Just as the auction was over, Connie s attorney showed up at the auction site. He informed buyers of any lumber after 11:21 a.m. (when Connie told David to stop) were not to remove any of their so-called purchases. He also informed the high bidder on the real property auction that they would not be closing. Thus our question today. Providing that the seller has the right to cancel an auction event at any time, and not sell any more lots yet put up for offers what is the status of any property deemed sold by the auctioneer after ignoring the legal instruction to stop the auction? In court about two months later, Essex County Common Pleas Judge Walter Wilton ruled the following: 1. The seller has the right to cancel any auction at any time. Any lots yet put up for auction are then to remain as such. 2. The seller expressly noted that the auction was to be cancelled (stopped) at 11:21 a.m. on May The auctioneer acted in violation of his fiduciary duty to his client by ignoring a legal direction. 4. The auctioneer lacked the authority to sell any lots and real property after 11:21 a.m. 5. As such, all sales made after 11:21 a.m. by David Jackson are hereby deemed void. Judge Wilton continued that David Jackson saying, Sold! after 11:21 a.m. on May 10 was no different than anyone else standing up and proclaiming the same as the authority to sell any of this subject property at that point had been revoked. What s the take-home from this story for auctioneers? First, auctions even absolute auctions can be cancelled, resulting in no more property being put up for auction. Secondly, auctioneers are to follow their client s legal directions. And third, while this story is fictional, it closely resembles two such cases with results supporting today s premises. Mike Brandly, Auctioneer, CAI, AARE has been an auctioneer and certified appraiser for over 30 years. His company s auctions are located at: Mike Brandly, Auctioneer, Keller Williams Auctions and Goodwill Columbus Car Auction. He serves as Adjunct Faculty at Hondros College of Business, Executive Director of The Ohio Auction School and Faculty at the Certified Auctioneers Institute held at Indiana University.

5 PAGE 5 THE BID CALLER What s In Grand Rapids Anyway? 2016 ISSUE NO. 2, June As part of my job, I love traveling to the different state conventions. So far I ve been to: Alabama, Colorado, Florida, Idaho, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas and Virginia and the Western States Auctioneers Association. I ve been invited to more but haven t been able to get there for one reason or another (sorry to Wisconsin and New York where I tried to get there but physically was not able to make it when I was supposed to show up). Each state association has its own personality and in March each year, we see many of the states coming together to learn how to manage your organizations better through the State Leadership Conference. This is an event where states learn from each other about what is happening in other states just like you learn from other auction professionals when you go to your state association annual meeting or to the National Conference. This year, I went to the Michigan Auctioneers Association what a wonderful event! And it was wonderful not only because Tricia Wiltjer, Michigan s Executive Director and her Board of Directors rolled out the red carpet for me, but because I got to see what our members are going to be seeing in July of this year I got to stay at the Amway Grand. I was able to wander through the Convention Center where in less than three months, we will have more than 800 people coming together to learn new things, to meet new people and to get reacquainted with old friends. What s in Grand Rapids? On July 19-23, the International Auctioneers Conference and Show will be there. Many of you will say that this costs too much money and I don t disagree that your attendance will be an investment. But from my perspective that s what it is an investment. Where else can you learn what the latest trends in the auction industry are? Where else can you see the newest products and services that are available in one place at one time? Where else can you meet up with so many people from all over the United States - heck the world that all have one thing in common they make their living in the auction industry. And frankly, there are a ton of things to do in Grand Rapids it s a great city! So check out conferenceandshow.com to learn more about the International Auctioneers Conference and Show and check out a new website that Michigan created: auctionswork.org to learn more about the fun things there are to do in Grand Rapids. And if you can t come to Grand Rapids, be sure to attend your state s annual meeting check now to find out when it is and book around that date you will be glad you did! Hannes Combest, CAE Chief Executive Officer National Auctioneers Association SAVE THE DATES!!! NAA CONFERENCE & SHOW JULY 19-23, 2016 AMWAY GRAND HOTEL 187 MONROE AVENUE NW GRAND RAPIDS, MI SCAA CONVENTION FEBRUARY17-19, 19, 2017 HILTON GARDEN INN COLUMBIA 8910 FARROW ROAD COLUMBIA, SC 29203

6 2016 ISSUE NO. 2, June THE BID CALLER PAGE 6 Congratulations New Graduates! Southeastern School of Auctioneering at their May 2016 class graduated 13 new Auctioneers. The new Auctioneers were from SC, NC, GA, KY, MS and FL. This year marks the 33 rd year for SSA. The dates for the next class will be August 6 th - August 13 th (August 4 th August 13 th for GA. Students). The classes are held at a hotel in Greenville, SC. More information can be found concerning the school at SSAuctioneering.info. or you may also call or Larry J. Meares is the President of Southeastern School of Auctioneering. S C A A Jo b s & Re s o u r c e B o a r d Looking for ways to use your auctioneering abilities? Looking for assistance from an auctioneer or ringman? You are at the right place! Use the SCAA Jobs & Resource Board to expand your marketing power throughout the state of South Carolina! The SCAA Jobs & Resource Board is for members only AND IT S FREE! To post on the board, submit your posting information to the SCAA office by (elaine@execman.net), fax ( ), or mail (SCAA, PO Box 41368, Raleigh, NC 27629). Looking for work? Please include your name, phone number, region, times available and skill set. Looking for help? Please include your name, phone number, location of auction, date and time and skill set needs. Renewal may be by phone or if there are no changes. You must notify SCAA before each magazine issue if you wish to renew for the upcoming issue. Contact information: or elaine@execman.net. Name Phone/ Location Available Jobs Mike Harper mike@harperauctionandrealty.com Southeastern U.S. and beyond. Licensed in S.C., N.C., Ga., and Fla. Anytime Ringman for real estate or heavy equipment. Johnny Odom odomauction@ftc-i.net Can work statewide. Anytime Can call, ring, show, clerk. 30 yrs. exp. David Taylor david@upstateauctionsc.com Work anywhere U.S. Licensed in S.C., N.C., Fla., Ga. Texas. RE in S.C., Ga. Anytime Auctioneer/Ringman, Real Estate, Autos, Heavy Equipment. Darron Meares Darron@MearesandAssociatesLLC.com Jake Ohlinger jake@ohlinger.com Bryan Hope bhopen96@yahoo.com Anywhere in the U.S. Anytime Auction Technology And Online Auction Resources Consultation/Management Upstate South Carolina Anytime Bid Calling & Ringman Anywhere in U.S. Anytime Auctioneer/Ringman, Real Estate

7 PAGE 7 THE BID CALLER 2016 ISSUE NO. 2, June SCAA WEBSITE Are you using the SCAA website to promote your business? If so, great! If not, here are some great reasons to post your auctions: 1. The general public uses the SCAA website, as a hub to look for interesting auctions it wants to attend. 2. Even if a visitor who sees your auction posted on the SCAA website isn t interested in your upcoming auction, he or she still will learn about your company, and you receive branding recognition for future sales. 3. It s free for members to post. How can you beat that? Free ad space for your auctions marketing at that rate makes sense. S.C. LICENSING REQUIREMENTS & RECIPROCITY* 2016 SCHEDULE FEB JUNE 4-12 AUG NOV Minimum Age: 18 School/Appren ceship Required: Yes Bonding/Insurance Required: $100 to recovery fund Licensure Period: Two years, expires June 30 Con nuing Educa on Required: Yes, eight hours every two years Commission Contact: auc oneers Alabama Florida Georgia Indiana Kentucky Louisiana Mississippi North Carolina Reciproca ng States Ohio Pennsylvania Rhode Island Tennessee Texas Virginia West Virginia *Informa on above is subject to change and beyond control of SCAA or The Bid Caller

8 SCAA PO BOX RALEIGH, NC FORWARDING SERVICE REQUESTED SCAA (FAX) J. Tony Adams Adams Auction Gallery Santee, S.C James Blocker JG Blocker Auction & Realty Walterboro, S.C Glen Brooks Pawleys Island, S.C Gwen Bryant Bryant Auction & Real Estate Florence, S.C Bill Dearman Aiken, S.C Rafe Dixon J.R. Dixon Auctions Sumter, S.C THANK YOU, BID CALLER BOOSTERS! Donald Dukes Dukes Auction Group North, SC Christopher Easler Southeastern Auction Sales Chesnee, S.C TJ Freije Freije Auctions & Marketing Clayton, IN Miller Gaffney Miller Gaffney Art Advisory Greenville, S.C Mike Harper Harper Auction & Realty Mt. Pleasant, S.C John T. Henry John T. Henry Auction Conway, SC Dorothy Hipps Village Crest Antiques Ware Shoals, S.C Bryan Hope Bryan Hope Auction Co. Ninety Six, S.C Johnny King Johnny King Auctioneers Ware Shoals, S.C Rodney Lee R.H. Lee & Co. Auctioneers, Inc. Ridgeway, SC T. Randolph Ligon The Ligon Company Rock Hill, S.C David Meares Meares Auction Group Pelzer, S.C Larry Meares Southeastern School of Auctioneering Pelzer, SC Brent Murdoch Carolina Auction Team Spartanburg, S.C Gene Patrick Belton, SC Jon Rogers Rogers Financial Group Piedmont, SC Chris Pracht Chris Pracht Auctioneers Anderson, S.C Ed Roumillat CSC Liquidators Charleston, S.C Merle Sharick High Bid Auctions Prosperity, S.C Homer D. Billy Shaw H.D. Billy Shaw Auctioneer Leesville, S.C Jim Smith Carolina Auction Team Spartanburg, S.C Rachel Smith Carolina Auction Team Spartanburg, S.C Gerald Stick Thibodeaux Stick Realty Services Columbia, S.C Lawayne Weaver Hopecrest Auction & Sales Denmark, SC David Yoder Fair Play, S.C Paul Yoder Yoder Auction Co. Seneca, S.C

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