The Colorado Auctioneer Newsletter 4th Quarter 2022

Identify Yourself as a CAA Member

Demonstrate to your Buyers and Sellers that you are a proud member of the Colorado Auctioneers Association. Use the CAA logo in all your ads, on your business cards, on your stationery and on your website.

If you’re not using it, we strongly urge you to proudly display the official CAA logo. We have 2 styles / size / shapes that can be used.

The logo can be downloaded from our group, Colorado Auctioneers Association (CAA) Members Only on Facebook (https://www.facebook.com/ groups/59956710490/files/) or contact our Executive Secretary, Cissy at director@coauctioneers.com

BOARD OF DIRECTORS

Chairman Of The Board Shawn Hagler 34911 N 7th Ave • Phoenix, AZ 85086 303-709-3725 • auctioneer@shawnhagler.com

President Dean Gunter Mile High Car Company 1480 Ainsworth St • Colorado Springs, CO 80915 719-650-8184 • deangunter21@gmail.com

1st Vice President Mike Whitfield Peak Auto Auctions 5126 Brighton Blvd • Denver, CO 80216 719-238-8300 • whit@peakautoauctions.com

2nd Vice President Harold Unrein 15333 CR 16.5 • Atwood, CO 80722 970-520-5257 • haroldauctioneer@gmail.com

Treasurer / Director Marissa Walters (2022-2023) Wild Hair Auctions and Events 5321 E Colorado Ave • Denver, CO 80222 720-984-4252 • marissa.v.walters@gmail.com

Halie Behr (2020-2022) Halie Behr, Fundaneer 17482 Bluetrail Ave • Parker, CO 80134 303-906-0708 • halie@haliebehr.com

Casey Giddings, CAI (2018-2022) Rocky Mtn Estate Brokers 24 Oak Ave. • Eaton, CO 80615 970-454-1010 • casey@whitleyauction.com

Edith Parrish-Kohler (2020-2022) Colorado Premier Realty & Auction Services 10162 Dresden St Firestone, CO 80504 303-565-0509 • e.parrishkohler@gmail.com

John Schaffner (2022-2023) Schaffner Auctions 36470 CR Z • Wray, CO 80758 970-630-3402 • jschaffner51@yahoo.com

Craig Weichel (2020-2022) PO Box 623 Weldona, CO 80653 970-302-0018 • craigrweichel@gmail.com

David Whitley (2019 - 2023)

Rocky Mountain Estate Brokers 24 Oak Ave. • Eaton, CO 80615 970-539-1269 • david@whitleyauction.com

Cissy Tabor • Executive Secretary 303-729-1195 • director@coauctioneers.com

From The President

How Do You Define Success and Excellence?

How do you answer that question? We need to start by asking ourselves why we are here. The answers should include excellence in all we do, from supporting, training, and teaching to giving to others within our organization as we pass through the ranks of CAA. Is success why you are here? Our society often defines success by how much material wealth and how many material possessions you have accumulated, regardless of how you got them. It should not be that we are here for our own personal success. It should not be for self-gratification at any cost-accumulating titles, money, land, wealth, and possessions, feeding your ego.

As a Marine Corps Drill Instructor, excellence was paramount as we served our country and trained recruits. I often relate these experiences as I serve in different capacities. Excellence is having a humble and kind character, not demeaning others, but having a patient heart of compassion. By ensuring your motives are based in selfless giving and assistance, you can achieve excellence.

Excellence is laying your head on your pillow at night with the peace in your heart that you have acquired it fairly. It is important to identify your wants, your desires, your needs, but equally, if not more important, is identifying and focusing on those of others. Excellence is empowering others to love and forgive through example and demonstration. By doing so, you set them free to live justly, love others, and achieve their goals. This also fosters a positive cycle that can continue in the lives of others. Success is holding your title or trophy high in celebration while holding your hand out and thanking those that have helped you achieve these goals and aiming to help them achieve theirs.

Understanding the seriousness of your role as a director is paramount. Understanding the commitment of your role is vital. Understanding the tone and attitude with which you serve is critical. My resolve this year is for each one of us to achieve excellence and serve with kindness, humility, and compassion.

Semper Fi, Dean Gunter, President Colorado Auctioneers Association

We Want You To Know......

Your Safety Is Our Priority at the Colorado Auctioneers Association and as we return to the Renaissance Central Park Hotel for the upcoming 2023 Colorado Auctioneers Convention, we have negotiated with the hotel the security at their facility in our contract / hotel agreement.

There is COMPLIMENTARY Self Parking in the covered garage AND.... the Renaissance Hotel will be providing Security on the Hotel Premises AND in the Parking Garage.

~ CAA Board of Directors

www.coloradoauctioneers.org

2022 CAA Summer Picnic

Once again, the CAA summer picnic was held in Weldona at Craig and Mandy Weichel’s place. We had a great day and it was lots of fun. The food was super good and the peach cobbler was soooo delicious. Thanks to John Schaffner who did a “wonderful job of cooking chuckwagon style.” Thanks John, it was really good eating!

After the meal, we played our annual, double elimination horseshoe tournament with six teams. Craig did a good job of sitting up the horseshoe pits side by side and it made for a lot of conversation and some smack talk that Scott Shuman was a part of! :Lots of fun for everyone and all had a good time. The horseshoe champions this year are Craig Weichel and John Schaffner. They did an outstanding job playing a lot of horseshoes!!

Reserve champions are Heather Johnson and Hager Gerber. It was a close second to the champions. Heather is a new member of CAA, and as a staff member of Dean Gunters, she has been joining us for many activities in the last couple of years.

We didn't have the trap shoot, because we didn't have enough shooters. If you weren't there you missed out on a great time!

Be sure to put it on your calendar for next year!

2022 Horseshoe

CAA Events of 2022

2022 CAA Day At The Capitol

Members of the CAA once again gathered with one another on April 25, 2022 for our annual visit to the Colorado State Capitol in recognition of the Colorado auction industry, National Auctioneers Week and CAA members.

Even though our attendance was small of 14 attendees, we were mighty in representing our association and the Colorado auction industry. 2022 Colorado Champion Auctioneer & Ringman, Tony Wisely, provided a strong presence of selling the Colorado State Flag along with the assistance of 2022 Colorado Jr Bid Calling Champion, Aaron Rodriguez, to the House of Representatives.

Unbeknownst to us, the members of the House of Representatives had a strong agenda of bidding for the flag to be one of the top sales with the intent of presenting the flag to the family of Kimmie Lewis, who was a strong supporter of the CAA, auction industry and agriculture / rural Colorado, after her long battle of cancer.

Afterward, our attendees were able to listen to the presentations by fellow House members honoring her and what she has done for our state.

You just never know what will happen with the CAA and the CAA Day At The Capitol! We hope that you will join us next year to keep us going strong!

Champions

Craig Weichel & John Schaffner

2022 Reserve Horseshoe Champions Heather Johnson & Hagar

Convention Speakers

Jack Christy, Jr. is a 3rd Generation Auctioneer. He served as the Indiana Auctioneers Association President in 2020. Jack also serves as a Certified Auctioneers Institute class advisor from 2020 to 2023. He is proudly continuing his family legacy in the auction business with his family’s company Christy’s of Indiana, transforming their business into an online only auction house. Jack is a graduate of Repperts Auction School in 2005, and holds CAI (Certified Auctioneers Institute), ATS (Auction Technology Specialist), BAS (Benefit Auction Specialist), and GPPA (Graduate of Personal Property Appraisals). Jack specializes in general estates, bankruptcy, and commercial surplus. Jack is a current instructor at Repperts Auction School, and Texas TCAP courses (Texas Certified Auction Professional). Jack is a speaker for many associations across the US teaching Logistics, Online Auctions, Cataloging, and The Next Generation of Buyers and Sellers.

Marc Reck is the founder of Reck Agri Realty & Auction, an ag real estate brokerage covering Colorado, Nebraska and Kansas. Marc and the Reck Agri Realty & Auction team have sold nearly 900,000 acres, closed over 1,850 transactions, and conducted 390 successful auctions with over 17,100 attendees! Marc prides himself in his passionate and heartfelt drive to serve his clients’ best interests. He is dedicated, knowledgeable, and committed to excellence in all he does. He continuously seeks to stay ahead of the game when it comes to market knowledge, technology, and trends.

In his free time, you’ll find Marc rooting for the CSU Rams, logging miles on his bike, traveling, or snapping photos. He holds a B.S. degree in Ag Business from Colorado State University. He also graduated from the World Wide School of Auctioneering. He and his wife, Jennifer, live in Sterling, Colorado.

Beth Rose Real Estate and Auctions exists to accelerate the sales process for real estate through innovative technology and world-class marketing. The company is owned by its founder and second-generation auctioneer, Beth Rose. The company is headquartered in Maumee, Ohio with offices in Birmingham, Michigan and Naples, Florida.

Beth has dedicated her career to enhancing and giving back to the auction industry. Some of her accomplishments include being named the 2000 Rose award recipient (the award is named after Beth's late father, David Rose), 2009 Michigan Auctioneer Champion, 2016 Florida Auctioneer Champion, 2016 National Auction Marketing Campaign of the Year award, 2016 International Auctioneer Champion, 2019 Volunteer of the Year Award with the NAA, Past President of the NAA, Past Education Institute Trustee, Current Board Chair of the NAA and past CAI Chair with the NAA . She is an instructor at the Ohio Auction School and Reppert Auction Schools. She has broken the barrier with Real Estate brokerages and has branded herself as the "Realtor's Auctioneer."

In addition to her service within the auction industry, Beth is also devoted to her community. She was given the Waterville Chamber of Commerce Community Leadership award. She also is the co-founder of the 501(c)3 Blessings in Disguise, which is a non-profit dedicated to providing financial assistance for hardship in NW Ohio and donating free medical equipment for her Seniors Program. Since its conception 6 years ago, she has helped over 4000 people in her community.

www.coloradoauctioneers.org

Designations

GPPA: To Take the Class or Not To Take the Class

It was during auction school in October 2013 when I first learned about appraisal work as an adjunct to auctions. Honestly, appraisals and auctions never crossed my mind as overlapping professions. I was immediately drawn to appraisal work as it offered a way to satisfy my need to investigate and research subjects in depth (my background was in viral research). vI KNEW this was something I needed to do for my career in the auction industry.

I attended the Graduate Personal Property Appraisal course in December 2013 in Las Vegas at the NAA’s Designation Academy. WOW! The classes were thorough and informative – there was so much information. And while all of that was incredibly valuable, the best part of that weeklong class was the people. I met people that are still friends and/or valuable resources to this day. In fact, I met my auction mentor for the first time in the USPAP class! (USPAP stands for Uniform Standards of Professional Appraisal Practice – the agency that oversees appraisal industry standards.)

Thinking back over my almost ten years of doing appraisal work, I realize what that credential means to me and I want to share it with you.

As I mentioned before, the people I met in my GPPA course are top of mind, but that is not the only benefit I gained. Appraisal work is a great alternative income stream to the auction business. I can say without trepidation, that my business survived COVID because of the appraisal work that I did during the shutdowns. (City/County of Denver’s mandates kept my live auction business shut down for 11 months). I was able to do enough appraisal work during that time to offset my auction losses and keep my entire staff working part-time.

Because my appraisal credentials are through my national professional organization and the NAA requires that I maintain my USPAP compliance every other year, my appraisal credentials carry a lot of weight with paraprofessionals. The NAA has gone to great lengths to ensure that their teaching materials are current and relevant which makes it easy for me to market my services.

Additionally, my appraisal services are a great conduit to additional auction business. When my appraisal clients find out that I can also sell their property, and they have

www.coloradoauctioneers.org

By Edith Parrish-Kohler

one less phone call to make to procure that service, they are ecstatic. And almost always, one client knows another client that will benefit from auction or appraisal services. Finally, appraisal work gives me the opportunity to be exposed to assets that I might not regularly encounter. I have seen museum-quality artwork worth hundreds of thousands of dollars held in private collections that most people will never see. I have seen firearms and accessories that predate the Civil War. I have seen documents signed by Abraham Lincoln. I have seen diamonds the size of dimes. I walk into every appraisal wondering what treasures I will encounter.

Being a Graduate Personal Property Appraiser has enriched my business and my finances. If you are on the fence about it, I encourage you to talk to others who hold the designation and find out more. It is one of the best things I have done in the auction industry!

CHAPLAIN’S CORNER

By John Schaffner

I recently had a somewhat sobering experience while I was teaching a group of young 4-H boys and girls how to cook in Dutch ovens. These boys and girls ranged in age from ten (10) to about sixteen (16) years old.

We spent the morning cooking lunch in Dutch ovens and cast iron pots for the youth and their adult leaders. We cooked a pot of beans with ham hocks, cornbread and fruit cobblers. A tasty “old fashion” meal was enjoyed by all.

After lunch, I gathered the group and talked to them about the importance of following in the footsteps of people who would lead them down a good pathway of life. I recited a poem about a cowboy mentor I had when I was growing up in Louisiana in the 1960’s. “Mr. Wailes” was born in 1882, about 18 years after the end of the Civil War, and was full of wisdom and knowledge to pass down to a young aspiring cowboy. In about 1910, he had taken his young family in a covered wagon from eastern Louisiana to western Texas. He could have purchased farm ground for twenty-five cents per acre, but the bankers would not lend him money for the “high priced” land. He had to return, in his covered wagon, to Louisiana where I met him about 50 years later when he was in his 80’s. He told me that he could have become a millionaire because the land he could have bought is now downtown Abilene, Texas.

However, because he came back to his home state and became my Cowboy Mentor all those years later, I am a millionaire many times over, not for what I have in my pocket, but for what I have in my heart and in my head that I learned from him. He taught me how to enjoy life and to appreciate what I have. One of his favorite sayings was “Perseverance overcomes all obstacles.”

After I was done talking to the 4-H boys and girls, a ten year old boy came to me and said, “he would like it if I could be his “Mr. Wailes”.” It made me think about how important it is for adults to be willing to “mentor” the younger generations. We in the auction industry could have many opportunities to pass down our knowledge and wisdom to others. That was a sobering thought to me when I realized that this young man wants to learn life lessons from me. Could you and would you become some younger person’s “Mr. Wailes?”

Here is the poem I used for the lesson:

ME AND MR. WAILES

I was a kid of twelve or maybe thirteen When I met the oldest man I had ever seen.

He was eighty-two or three, but healthy and tough as nails, And I came to love that man, the man I called “Mr. Wailes”.

He had lived way back when the West was almost new. That old man was a cowboy through and through.

Now, I’m not lyin’ and I’m not braggin’, I knew that man who had travel west in a covered wagon.

I could listen for hours to his Wild West tales, And I came to love that man, the man I called “Mr. Wailes”.

He helped set my cowboy way of life on course, When he showed me how the break and ride a horse.

He taught me how to love and care for pasture land, And taught me how to rope and how to brand.

When we’d try a task that seemed so unsurmountable, I’d hear him say, “Perseverance overcomes every obstacle”.

On those cold winter days we’d be together feedin’ bales, And I came to love that man, the man I called “Mr. Wailes”.

Many an hour we worked together side by side, And it broke my heart the day that old cowboy died.

One night he didn’t come home and it was gettin’ late. We went out and found his body just inside the pasture gate.

My only concilation as we laid him to rest, Was that he died at eighty-five doin’ what he loved the best.

His memory is still strong and never fails, Cuz’ I loved that man, the man I called “Mr. Wailes”.

John Schaffner© 1/10/91

Foundation

Your Colorado Auctioneers Foundation was pleased this year to present four $1,000.00 scholarships to children and grandchildren of our membership; they included Caleb Hart, Jade Miller, Payten Nichols, and Keaton Glassman. Keaton, Art Parker’s grandson, was the 1st recipient of the annual memorial scholarship which was started by contributions in honor of Art Parker who passed away last year.

The memorial scholarship will be presented annually in honor of those members who have passed, and their families have requested memorial funds be sent in their honor to the foundation. Right now, the only name on the memorial is Art Parker.

We thank everyone who assisted with the Mile High Open bid calling championship. Without the membership assistance we would not be able to handle this important event each year. The 1st place winner this year was Troy Robinett .Troy was awarded $5,000.00 of the 10,000.00-prize package. The remainder of the funds was awarded to the other runners up. The event generated over $5,000.00 for future scholarships. Thanks again for everyone’s help.

Your foundation board is working hard to improve The Mile High Open and spearheading that drive is board member Scott Alexander. He is assisted, of course, by the rest of the board.

The new foundation board president is Dean Gunter. He will be working closely with past president OJ Pratt.

Thank You,

Walt Partridge

2023 ChallengE of Champions...

This upcoming 2023 CAA Convention marks our associations, 65th Anniversary. President Dean Gunter is excited to announce that the “Challenge of Champions” bid calling contest will be kicking off the upcoming convention on Thursday evening, February 2, 2023. This is a special competition in which the competitors are past, Colorado State Champions. So, if you are one of the Colorado Auctioneer Associations State Champions, we encourage you to join us for this competition that is ONLY HELD EVERY 5 years.

The Champion will take home 75% of the entries and a “Challenge of Champions” 65th Anniversary belt buckle. The remaining 25% will go to the CAA. Complete contest rules will be included in the convention newsletter.

We held the “inaugural” Challenge of Champions contest in 2018 at our 60th Anniversary convention. It was a lot of fun to watch our past champions compete against one another and we look forward to more participants this year in which reigning champion, CAA Chairman Shawn Hagler, will emce and crown the new champion.

We can’t wait to see our past state champions take the stage and show off their talent once again against one another!

Shawn Hagler Wins BIG At The WAAC

The sheer electricity Shawn Hagler and Matt Moravec brought to the competition at the 2022 World Automobile Auctioneers Championship (WAAC) in Des Moines, Iowa, was palpable. When they had control of the lane, everyone else at the auction paused to take notice of these two World Class Competitors. Onlookers ceased to be critics and became fans as we were all entertained by two of the great auction champions of our generation.

It is no surprise to anyone in attendance that Shawn Hagler was crowned as the 2022 World Automobile Auctioneers Championship in the Auction Team division of the competition. There were many great teams at the competition, but watching the dynamic of these two gentlemen compete so seamlessly, displaying effective communication as they take command of their lanes showcases the professionalism of these two professional world champions.

It is apparent of Shawn’s heart and soul is so easily displayed in his career for his love of the auction industry and is an altogether different experience. He draws the attention of everyone in the building, exuding an energy that charges the whole event with excitement and emotion. You know who that gentleman in the cowboy hat is and there’s no doubt why he is crowned, a Two-time World Champion in the World Automobile Auctioneers Championship.

As World Champion Ringman Matt Hart says, “Shawn is one of the best I’ve been around and it is a privilege to compete against him and ultimately see Matt Moravec and him win. He is a First Class Guy, personally, and a World Class Champion in the ring.“

From the very beginning, it was clear that Matt & Shawn have worked together honing their craft, displaying effective communication, working as a team and in their perspective positions of an auction team. They brought a measured confidence to the lane that only comes from being a seasoned competitor with hundreds of hours of practice. We all know how hard it is to perfect a chant, to control the floor as a Ringman and to stay focused on the task at hand. But to do all of this and make it entertaining and fun is what separates championship auctioneers from the herd.

This level of excellence doesn’t happen accidentally, both Matt and Shawn have competed in the World Championship and worked together at Mecum Auctions. As 2022 WAAC Ringman Champion Matt Hart states, “You don’t go to a contest and do something other than what you do at work every day.” Both of them have competed a number of times previously, and have kept coming back, doing their best, going home and working harder each year to “bring their best.” It was evident; it was all business. They were there to work, to get there and get it done. They work together seamlessly as an auction team to bring out the best in one another and showcase their effective

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communication as a team and their hard work, skills and talent awarded them the coveted title in the Auction Team division.

As Shawn Hagler shares in his Ringman school, World Champion Ringman College,, “Professionalism is huge. We be ourselves, be professional, and get it done.” When asked what competitors do to prepare for the competition, Shawn states, “It’s commitment that makes the difference. We aren’t doing anything different today than we do every day and that’s going to work to make car deals and make customers happy. To prepare for that, you’ve just got to do it.”

For those considering competing in future competitions, the message of this year’s competition is that talent is necessary, but it is persistence, hard work and patience that pay off in the end. However, the joy of the Championship goes well beyond taking home a trophy. “People ask me what happens if they come and lose,” states Paul C. Behr. “I tell them they aren’t going to lose. If they come, even if they don’t compete, they are going to network, fellowship, grow and learn from the best in the industry. If you come to the competition, you aren’t going to lose…you are going to win in some way or another.”

A big part of that learning experience is learning from past champions, as well as building the future of the industry. We are all auctioneers in the same industry and that creates a camaraderie that is clear at an event such as the WAAC. As World Champion Scott Goodhue has stated, “It’s obviously great to be told you’re a champion by your peers, but that doesn’t make one great, it makes me like the guys who helped me. To me, helping others in this business is going to help the future of our business. Winning puts your name in front of your peers and creates more opportunity to help people.”

In the end, lessons and experience each year can’t be duplicated in any other way. Competing amongst your peers is an opportunity and experience all on its own. You can’t do it by practicing by yourself or even necessarily working an auction… it’s not the same. It’s a special atmosphere and environment. Regardless of finishing 2nd or 3rd, it isn’t all about winning… it’s an amazing group of men and women. You can’t find a gathering of people like this in any other industry. It’s having an opportunity to learn and experience something new every time.

What costs an auctioneer more, insurance or an attorney?

By Greg Magnus AIC, CPIA, E. R. Munro

What does E&O cover?

A typical E&O policy covers your work product, promises or warranties, and actual contract terms for things like advertising and other performance-related goals. Failure to provide services as promised or as perceived by your customer would also be covered.

What is E&O insurance?

E&O insurance is coverage that pays the defense costs against a claim (lawsuit) in connection with an auctioneer’s business. An auctioneer can get blamed for anything, from not having enough advertising signage to not making enough money for the seller. Even if the claim has no merit, you still have to defend yourself in court. There are attorneys’ fees which can easily exceed $200 an hour, potential court costs, time spent sitting in your attorney’s office as well as the office of the attorney representing the person or persons suing you, and time you have to take off work to attend pretrial conferences. And there’s always the possibility of having to pay a judgment if you lose.

Are there other types of E&O insurance an auctioneer should consider?

Today more auctioneers are getting involved in real estate. This opens up the auctioneer to a new risk exposure that can significantly impact the financial stability of the auctioneer’s business.

Auctioneer, Aappraiser, and Rreal Eestate E&O policies are distinct from one another. Typically, an auctioneer policy will have exclusions built in. An auctioneer’s activities as an appraiser or in real estate are not covered by the policy; however, an appraiser or real estate policy will work the same way. All three types of coverage provide protection in all three situations.

Three E&O policies? Doesn’t that get expensive?

The premium for an E&O policy is determined primarily on an auctioneer’s revenue and on a case-by-case basis by an insurance company underwriter. Whether an auctioneer conducts many small auctions frequently or just a few large auctions every now and then, the E&O premium will be decided, for the most part, on revenue. Additionally, the number of years an auctioneer has been in business, the amount of continuing education, and any history of claims figures into the calculation as well.

If each policy (for auctioneer, appraiser and real estate protection) is purchased separately, an auctioneer may pay in the neighborhood of $600 to $750 per policy per year for $1 million in coverage. However, a few insurance carriers will combine coverage into one policy. For a combination policy, an auctioneer may pay about $1,200 to $1,800 per year and get all three types of coverage. Just a half day’s consultation with an attorney about a claim could easily cost that much. An E&O policy covers defense costs plus the cost of any judgment. And unlike a claim against an auctioneer’s bond, a claim against an E&O policy does not have to be paid back.

In addition to the cost savings, there are other advantages to a combination policy. What if an auctioneer has three separate insurance policies with three different insurance companies? There could be a disagreement among the insurance companies when a claim is filed, which insurance company is primary and which is secondary. No insurance company is interested in paying the bulk of a claim if another company can be involved. With a combination policy from a single company, there’s little chance the companies will argue over who is responsible for covering the claim.

Are auctioneers required to have this kind of insurance?

There are no laws that require auctioneers to carry E&O insurance. However, an auctioneer may be required by a specific auction contract to have professional liability insurance. Each contract is different – never assume that all contracts are alike.

Although E&O may not be specified in an auctioneer’s contract, in general, licensed individuals are held to higher standards of qualification and performance than unlicensed individuals. Even though auctioneers are not compelled by law to carry E&O insurance, professionals – people who know the industry and the liabilities –choose E&O. It’s one of the things that separate the professionals from the amateurs.

Are there other advantages to having E&O insurance?

Aside from the enormous peace of mind a good E&O policy offers, customers will also appreciate an auctioneer’s professionalism. They’ll know the auctioneer takes his or her responsibilities seriously enough to protect them from unforeseen circumstances, unfortunate events, or just plain bad luck. An auctioneer with E&O coverage will be able to work with sellers who require this policy in their contracts instead of scrambling on short notice to find a policy and looking less than professional. It’s a sensible way to get high quality protection that also serves as an excellent marketing tool.

E. R. Munro and Company has been protecting small businesses since 1885. Our family-owned company has provided bonds and insurance for auctioneers for more than two decades.

From commercial liability policies for one-person operations to insurance programs for companies, including property, automobiles, cyber liability and workers’ compensation for employees, call E. R. Munro and Company toll free at 877-376-8676 and ask for Greg Magnus at Ext. 157 or at gmagnus@ermunro.com. More information about E. R. Munro is available at their web site, www.ermunro.com

Hall of Fame

Well The Good Just Gets Better...

Not that it was easy. In 2009, Steve Linnebur was a 25 year member of the Colorado Auctioneers Association and was not only recognized by the CAA for his dedication and professionalism in the Colorado auction industry and in his contributions to the CAA. But, his blessings didn’t stop there at the 2009 CAA Conference. Most anyone may share that there is nothing compared to and possibly as difficult as competing / selling in front of your peers. Steve not only did that, but was crowned the 2009 Colorado State Champion Auctioneer!

Steve’s love for the auction business began, like it did for many, by traveling with his dad to livestock sales as a small boy. Steve became enchanted with the cadence of the auctioneer. In 1977, he attended Missouri Auction School and began the long road to champion by working any place he could while finishing up his college education. In June 1980, Steve and his wife, Alice, established Linnebur Auctions, Inc., a full service auction company.

The home office is located in Byers, CO. They provide on-site auction and appraisal services to clients in Eastern Colorado. They have continually built a reputation for running an honest and efficient business, specializing primarily in selling farm / heavy equipment, estates / personal property / consignments. There have even been many years that you could have found Steve working in the auto auction industry at Manheim Denver and Dealers Auto Auction of the Rockies.

We wanted to know more about Steve, his career, his challenges, victories and advice. Below is answers that he has shared with us and our membership.

What has been his biggest challenge he has faced growing his business? “The biggest challenge has been to convince yourself that to have a successful business, you have to dedicate yourself to it. What you put into it, is what you get out of it.”

What is one assumption you made about starting your business that turned out wrong? “I assumed it would be fun and easy. I still love what I do and enjoy going to work every day, but it is getting a little harder to do, as it takes me an hour and a half to watch 60 Minutes!”

What is a limitation you have experienced and how did you overcome it? “Trying to handle more business when you know you can’t. I found out that when we would get overextended, we weren’t able to give 110% to the clients we had at that time. I still haven’t overcome it, as I’m still biting off more

By Harold Unrein

than I can chew!! (at least that what my staff tells me)”

What methods of creative advertising / obtaining clients / public relations have you used? “Just being honest and fair with your clients is the best PR. Word of mouth goes a long way.” What type of marketing has really worked for you? “Website & Online Portals; Fliers and Newspaper ads” Has that changed as your business grew? “Of course, with the advancement of technology, things have definitely changed over the years.”

Best Advice / Wisdom you have received in the business? “Be transparent with both your sellers and buyers. It is the right thing to do.” And what advice or words of wisdom you would share? “Be honest and fair with everyone. Be Good To One Another, Because It Is The Right Thing To Do”

Having worked in the auction industry for over 42 years, it is easy to ask him Where do you see our industry going? “In my opinion, the industry will always be here, because we provide a service where we turn assets into cash.”

With the annual convention vastly approaching, the CAA Board is always seeking suggestions to provide valuable & desired education to its members. Steve shared with us some of the education topics he is interested in and would like to learn more about in the future along with his view as to why. “I believe as auctioneers we need to be constantly educated and updated on topics that are needed to have a successful business. Examples: Sales Tax Laws; Firearms Regulations; Moto Vehicle Laws for Auctioneers (who are not dealers); Licensing; etc.” We will definitely take these into account to look at for upcoming education opportunities to be provided to our members.

In parting, Steve shared with us the best part about being a member of the CAA for him has been, “The camaraderie it offers with fellow auctioneers, educational opportunities and being able to obtain advice from auctioneers who have been around since Burger King was still a Prince.”

Bidder Terms To Meet The Needs Of Your Seller & You

In a previous issue I wrote about the agreements auctioneers have with our clients (sellers). Most of us know how important it is to memorialize our agreement with our clients in writing in the form of an agreement or “contract”. Written contracts are required in many cases as a written document ensures that all parties to the agreement know exactly what the agreement consists of. This written contract can be referred to if questions come up about who is supposed to do what. It can be used to make the parties to the agreement perform as they said they would. In the event of a disagreement, the written contract can be used in a legal proceeding to show what the parties truly agreed to.

We need to remember that we also have an agreement with our customers (bidders). Many auctioneers have for years used verbal “Terms and Conditions of the Auction” that they would announce before the auction event started. Some still do this today. While this method is legal, it leaves the auctioneer and seller open to complaints from bidders who may claim to not have heard them, failed to understand them or where not in attendance when the announcements were made.

Others may use written Terms and Conditions that are placed on display or printed on the bidder registration form for each buyer to agree to. In my opinion, this is a better method than the verbal method. As more and more auctioneers implement remote bidding, typically bidding over the internet, what we include in our Terms and Conditions changes and grows. I would argue a good, well thought out set of written Terms and Conditions written by or at least approved by your attorney is imperative for any auctioneer selling over the internet to use.

A good set of written terms and conditions should lay out the obligations and responsibilities of the auctioneer, the seller, and the buyer. A good set of written terms and conditions can protect the seller and the auctioneer. A good set of written terms and conditions can be used to stop a potential lawsuit when shared with a complaining party’s legal counsel. A good set of written terms and conditions can be used to educate a judge or jury on the agreements and obligations of the parties if a disagreement ends up in a court room. The goal of any contract should be to keep you and your seller out of court. No one wins when you end up in court. Voltaire said, “I was never ruined but twice: once when I lost a lawsuit, and once when I won one.” Below are some things to consider including in your written bidder Terms and Conditions.

• Do you have something about them agreeing to be bound to all the written AND announced terms of sale simply by attending whether they sign or not? You should. As well, be careful, you do not say something during a live auction or in an item description that would invalidate a part of your written terms.

• Do you have a statement that other specific terms may apply to particular lots (like removal times or rules) and where those terms will be?

• Are you delivering good title to the buyer free from liens and encumbrances?

• Is the merchandise being sold "AS-IS WHERE-IS" with no warranties express or implied?

• Do you offer an inspection? Are prospective buyers expected to inspect before bidding? Do they waive the right to complain if they fail to inspect?

• Is there a buyer’s premium, sales tax or other fee or expense charged in addition to the bid price on an item?

• When is an item declared sold by the auctioneer? If it is online bidding only, is the item sold when the timer ends or at some other point in time?

• When is payment required and in what forms may buyers pay with? What happens if they do not pay? Do they agree to not initiate a chargeback on a credit card charge? What may you do to collect bad checks or unpaid balances?

• What remedy does the buyer have if you make a mistake or misrepresent an item? Is your liability limited to a refund of the purchase price?

• If you sell items by quantity what happens if the advertised count is incorrect?

• Under the UCC and case law, auctions are typically assumed to be with reserve. May the seller, the auctioneer or an agent bid on behalf of reserves?

• Under the UCC and case law bids placed are typically revokable until the item is declared sold. Do you want to do anything to change this?

• Under the UCC and case law title to the property typically passes at “the fall of the hammer”. Is there a better time to transfer title?

Bidder Terms...

• Will you provide emission tests, condition reports or anything else on vehicles or equipment? Do you stand behind these if you do?

• If you sell firearms or other regulated items what specials rules are there for these items?

• If you are offering internet bidding, do you guarantee it will work properly? May you change ending times, lot numbers, descriptions, or anything else? May you delete items after they have bids? What happens if a bidder’s bid is not acknowledged by the software or the auctioneer?

• Are bidding increments preset? May they be changed?

• What are the rules for removal of the merchandise? Do you offer shipping or to help with shipping?

• Do bidders agree they are responsible for any damage they may cause to auction merchandise or the auction premises? Do they agree to indemnify the seller and auctioneer against injuries caused to them by auction merchandise or attending the auction or removal?

• If a disagreement arises, do you require arbitration or mediation? Where will any disputes be heard? Many auctioneers specify a court in their home county.

I encourage all auctioneers to use written Terms and Conditions for each auction. If you currently do, I encourage you to review them and see if they cover things that may occur in your business. Nothing in this article is or should be construed to be legal advice. Seek competent legal advice from someone licensed to practice to law where you live.

Copyright © 2022 David P. Whitley All Rights Reserved.

Dean Gunter, Wes and Chad Lamb @ the 2022 World Automobile Auctioneers Championship

Halie Behr, Emcee @ 2022 World Automobile Auctioneers

Championship

COLORADO AUCTIONEERS ASSOCIATION

HALL OF FAME Award Nomination Form

Deadline Submission: January 1, 2023

Hall Of Fame Guidelines

I. Qualifications that weigh heavily in the selection include the contributions made by the Auctioneer to the Colorado Auctioneers Association, Inc. and if possible, the NAA. The honoree needs to have had an active interest in CAA, Inc. for ten years or more. Have they been an officer or a member of the Board of Directors; have they been on various committees; have they attended seminars and conventions; have they been a speaker or a member of a panel discussion at the conventions or seminars.

II. The second area looked at closely is their auction business. It doesn’t make any difference as to the size of their auctions, the area that they encompass or the type of auctions or variety they may conduct. What is important is that they have been an active Acutioneer for more than ten years, and their professionalism, integrity and high standards have made them an auction leader in their area.

III. A third area that adds some weight is the individual’s contribution to their community. Have they been active in community projects, civic organizations, elective office or any other community area?

IV. Nominations will not be accepted from the nominee’s spouse or immediate family.

THIS FORM IS PERSONAL AND CONFIDENTIONAL BETWEEN THE HALL OF FAME AND THE SUBMITTER. THE NOMINEE SHOULD NOT BE INFORMED OF THIS SUBMISSION.

Send To: Lloyd Michael 704 Sycamore St Julesburg, CO 80737 auctions@kci.net

Personal and Confidential to the CAA Hall Of Fame

Name of Nominee _____________________________________________

Residence Address _____________________________________________

Phone Number _______________________________________________

City _________________________ State ________ Zip _______________

BUSINESS INFORMATION

Name of Firm ________________________________________________ Position _____________________________________________________

Number of Associates or Partners in Business _______________________

Business Address ______________________________________________ Phone Number _______________________________________________ City ________________________________________________________

PERSONAL AND FAMILY INFORMATION

Spouse’s Name _______________________________________________

Does spouse participate in the auction profession: Yes No (circle one)

If yes, please explain ___________________________________________

Children (Please give names and ages): _____________________________

GENERAL PROFESSION INFORMATION

How long has the nominee been associated in the auction business: ______

What percentage of the nominee’s time is actively spent in the auction business: Has the nominee specialized in any particular field of auctioneering:

thecoloradoauctioneer www.coloradoauctioneers.org

Page 2 of 2

Personal and Confidential to the CAA Hall Of Fame

List the educational background of the nominee, including offices held, current and past:

List regular auctions conducted, if any, and / or any special individual auctions conducted, which have brought attention and credit to the profession of Auctioneering:

Previous recipients of the CAA Hall of Fame Award have established some general qualifications which they feel each nominee should possess or have shown. Please reflect your personal assessment of the nominee with respect to the following categories: 1. Honesty 2. Willingness to Share With Others

Standing in His or Her Communityw

State and National Associations

Contributions To The CAA and The Auction Profession

MILE HIGH AUCTIONEER OPEN

BID CALLING CONTEST

Contest Rules

1. OPEN TO ALL AUCTIONEERS OVER 18 - limited to 30 contestants. No Interview.

2. Entry fee: $300, plus contestants bring 3 items with a minimum value of $100 each, subject to approval, to be sold in the Preliminary Round. The aggregate sales total of the three items each contestant sells should be no less than $300.00.

3. Top 5 (based on Preliminary Round points) will compete in a Final’s Round. Finalists will sell two items, which will be provided by Colorado Auctioneers Foundation (CAF) and the Mile High Auctioneer (MHA) Committee.

4. All contestants will compete together with no separate divisions. Contestants will be judged according to the Mile High Auctioneers Open scorecard criteria. The decision of the judges is final. There will be 5 Champion Judges.

5. The selling order of contestants will be established by random draw, which shall take place prior to January 21st. Roll Call will take place and contestant selling order will be announced during a mandatory meeting at 2:30 PM on the day of the contest. All items must be checked in by 2:00 PM before the meeting. Contestants that do not check their items in by 2:00 PM or do not attend the mandatory meeting at 2:30 PM will be ineligible and fees will be non-refundable.

6. Preliminary Round scores will be used only to determine the top 5 contestants who go into the Finals Round. The Finalist’s scores will start fresh in the Final’s Round. Preliminary Tie Breaker: (1st) Best Score in Bid Calling Category, (2nd) Best Score in Overall Impression Category FINALS Tie Breaker: (1st) Highest Total Preliminary Score, (2nd) Highest Score in Bid Calling Category

7. Contest will be videoed and live streamed. Contestants authorize and waive all rights for compensation or royalties, for use of any and all video, Internet, audio, photos, etc. as footage for promotional use by the CAF, the MHA Committee and the Colorado Auctioneers Association (CAA) to highlight the event and any future event. Any revisions or changes announced on the day of contest will take precedence over any printed material.

8. The Mile High Auctioneer committee or authorized designees will set the sound system and may adjust to benefit the contest. The MHA Committee reserves the right to accept or reject any contestant’s entry into the contest.

9. Attire: Professional / Professional Western Questions can be forwarded to: Dean Gunter, deangunter21@gmail.com

TO REGISTER: www.coauctioneers.com/foundation

Dear CAA Member,

A signed copy of the CAA Code of Ethics must be on file at CAA headquarters to retain membership. Please take the time to fully read the following CAA Code of Ethics. Then sign and return this form to CAA with your membership form and dues.

SIGNATURE DATE

CAA CODE OF ETHICS

PART 1 - PROFESSIONAL RELATIONSHIPS

Article 1 In the best interest of the public, of his fellow Auctioneers and of his own business, t he Auctioneer should be loyal to the Colorado Auctioneers Association.

Article 2 The Auctioneer should so conduct his business as to avoid disputes with his fellow Auctioneers, but in the event of a controversy between two Auctioneers who are members of the Colorado Auctioneers Association, he shoul d not resort to a law suit, but submit his difference to arbitration by the Colorado Auctioneers Association, and the decision of such arbitration should be accepted as final and binding. If the dispute should be with a non -member, he should offer the services of this Board to arbitrate.

Article 3 Where a member is charged with unethical practice, he should promptly and voluntarily place all the pertinent facts before the proper committee for investigation and report.

Article 4 A member should never pub licly criticize a competitor, and where an opinion is especially requested, it should be rendered in conformity with strict professional courtesy and dignity.

Article 5 A member should not solicit the services of an employee of a fellow Auctioneer witho ut his knowledge and consent.

Article 6 In the best interest of society, of his associates, and of his own business, the Auctioneer should at all times be loyal to the Colorado Auctioneers Association and active in its works, and he should willingly shar e with his fellow members the lessons of his experience.

thecoloradoauctioneer

PART II - RELATION TO CLIENTS

Article 7 In justice of those who place their interests in his hands, the Auctioneer should endeavor to keep abreast of business conditions, to keep informed in matters of law and proposed legislation affecting such interests, so as to give intelligent business advice and effective service.

Article 8 In accepting the sale of real or personal property, the member pledges himself to be fair to bo th seller and buyer, and to protect the owner's interest as he would his own.

Article 9 When consulted for an appraisal of value or liquidation problem, a member should give a well considered opinion, reflecting expert knowledge and sound judgment, taking requisite time for study, inquiry, and deliberation. His counsel represents a professional service which he should render in writing and for which he should make a reasonable charge. A member should not undertake to give an appraisal or offer an opinion on any proposition on which he has a direct or even indirect interest, without a full disclosure of such interest.

Article 10 Before accepting a sale it is the duty of the Auctioneer to advise the owner intelligently and honestly regarding the market value of the business or proposition and the reasonable chance of selling at value or above.

PART III - RELATIONS TO THE PUBLIC

Article 11 It is the duty of every member to protect the public against fraud, misrepresentation or unethical practices in connection with the sale, disposal or liquidation of any real or personal property the Auctioneer is called upon to dispose of at public auction.

Article 12 It is the duty of a member to ascertain all pertinent facts concerning every sale for which he is engaged, so that in offering he may avoid error, exaggeration and misrepresentation.

Article 13 An Auctioneer is a confidential trustee of the information given by the seller or gained by him through relationship and the Auctioneer must never disclose the gross receipts of a sale or any other information that would tend to be a violation of the profession.

Article 14 No special conditions, real or assumed, or inducements or directions from anyone relieve the member from his responsibility strictly to observe the Code of Ethics in this letter and spirit.

Colorado Auctioneers Association

PO Box 1133

Rifle, CO 81650 (303) 729-1195 www.coauctioneers.com

2022 - 2023 Industry Calendar

December 2022

NAA Designation Academy

Dec 5 - 9, 2022

Las Vegas, NV

January 2023

Mile High Auctioneer Open

Jan 21, 2023

February 2023

CAA 65th Convention

Feb 2 - 3, 2023

Denver, CO

Digital Marketing Summit

Feb 21 - 22, 2023

Nashville, TN

March 2023

Certified Auctioneers Institute (CAI)

Mar 27 - 31, 2023

Bloomington, IN

CAI Next

Mar 29 - 31, 2023

Bloomington, IN

April 2023

NAA Day on the Hill

April 23 - 24, 2023