Well, since I decide to add my comments, I notice there have been other posts. However, I will not take the time to address those additional comments in this post and will post it as it stands. So, in regards to the earlier post:
david child wrote:
Um....when did I state that eBay was running auctions? If I remember correctly, I stated that they hold the position that they merely host the events, much the same as a "traditional" auction being hosted at the County Fairgrounds. No one requires the Fairgrounds to become a licensed auctioneer, so why should eBay be required to do so?
Now, if a State thinks that the sellers on eBay are acting as auctioneers and must be licensed, then so be it. I have no problem with that. I don't see it happening because the occasional auctioneer, such as myself, won't become licensed, and so eBay loses almost all of its member base! That's why they are so resistant to licensing for its members! And I think I stated that is an eBay member makes their living on eBay, then they probably should be licensed like a traditional auctioneer.
The main issue that has been going in this thread is not whether eBay or its members being licensed; it's Lyn's unreasonable notion that one is not an auctioneer unless they have been to auction school or apprenticed with a traditional auctioneer. Please respond to that point, as that is the one that Lyn simply can't grasp!
Well, let's throw it out to the crowd and see what we get:
What is your definition of an auctioneer? What makes one an auctioneer? Is it the training? Must the training be formal (school), informal (apprenticeship, since we don't know the quals of the supervising auctioneer), or can one be self-taught?
David A. Child, Ph.D.
MM3, USN, USS Caloosahatchee (AO98)
Well, my dear sir, Lyn did provide a very basic synopsis for the qualifications of an auctioneer. Albeit, depending on the state that you wish to ply your profession, will also be a determining factor in the requirements that "makes one an auctioneer". You may also find that if you wish to operate in other states, then you will also have to comply with their specific laws and licensing requirements. In as much, I did offer a basis for this discussion, which is based in getting a sound education. Yet, it appears that you are asking for the requirements to be an auctioneer, yet it appears that you wish to have someone else do your homework for you. No matter, I will attempt to provide a short course for you.
First, you should have some basis of knowledge in general practices and the laws governing all facets. This is not only for your own utilization in running your own business, but to also understand the laws that affect the way you handle the sale of other businesses and the laws that must be complied with in order to do so. Just one of those, aside from many other factors, is understanding the Uniform Commercial Code and while there are many facets contained within, just one of the many requirements consists of the notification of lien holders prior to the sale of property, lest you be also held responsible.
You should also understand the many other laws concerning items that may be sold (or not) and stipulations that may be required and that may encompass, EPA, Agriculture & Livestock, Wildlife, Game & Endangered Species, Real Estate, Titled Equipment, Vehicles & Boats, Food & Drugs, Liquor & Cigarettes, Medical Equipment, Cosmetics, Salvage, Liens & Unclaimed Goods,
Firearms, Artifacts, FTC regulations (they also have lists of recalled or unsafe items that you should not sell), and this is just a brief overview. In fact, there is a book that was put together for Texas Licensed Auctioneers consisting of over 1650 pages that provide a basic overview
of the laws consisting of Auctioneer Licensing & Regulations and the Associated Laws that we must keep up with. Just the Table of Contents consists of 18 pages, in itself. Feel free to download it and have a look for yourself: http://www.license.state.tx.us/auc/greenbook.pdf
. (the quiz is on Friday)
As I said, the above is just a general synopsis of the education that a Professional should have knowledge of in the field of Auctioneering. I have certainly left out quite a bit, in the attempt of brevity. The actual requirements vary from state to state, but regardless of licensing requirements, every state still has laws governing the auction industry and auctioneers must comply with all of them
In Texas, they require a basic 80 hour course, which provides a the basics of auctioneer laws and an overview of most others, prior to taking a State Supervised Examination, as well as background checks through the FBI, prior to licensing. While it may not seem to be much of a course, an professional will likely spend countless hours in additional education, including business law, such as Anti-Trust, UCC, Bankruptcy, Probate & Wills, Divorce, etc., etc., etc. In addition, they are required 6 hours of CEU credits each year for renewal, which must include law updates, etc. Again, not much, but it is not meant as a full fledged course and it is up to the individual to keep up with every aspect that is required in their business dealings, lest they find themselves paying a lawyer to learn the hard way. So, in some aspect, they are self-taught, but only to a degree, unless they also take it upon themselves to attend accredited courses through a college or university that also covers many of these subjects, not to mention there are some colleges around the country that offer accredited courses towards becoming an auctioneer.
NOW, as far as conducting an occasional auction, in Texas (and many other states) you may conduct no more than two personal auctions per year, without meeting licensing requirements. Note the word "personal", which means you may not sell other peoples items. If you are selling other peoples items, or you conduct more than two personal sales in a year, you are considered to be in business and must meet the requirements of becoming a Licensed Auctioneer. Oh, I almost forgot to mention that you are also required to keep a separate Escrow Account to maintain "other peoples monies", as commingling their funds with your own business or personal funds is a crime.
OK, Class... That's it for this class, any questions?
Professional Texas Licensed Auctioneer #12478
Texas Real Estate License #0469782
Past Instructor for Diebold, Inc. for over 12 years
Past SSgt U.S. Air Force and Proudly Served in MS, OK, Izmit Turkey, & Monte Virgine Italy for over 6 years and recipient of the U.S. Air Force Commendation Medal.
Phi Theta Kappa Honor Society
ETC. ETC. ETC. <just a few more letters to add to my credentials of idiocy