Code of Ethics
Code of Ethics
Every Member of the National Auctioneers Association Pledges to Abide by the Following Code of Ethics and Standards of Practice:
MISSION
To promote, increase and build the trustworthiness of the competitive bidding method of marketing, including: live, Internet and sealed bid auctions, and enhance the professionalism of its practitioners.
VISION
Competitive bidding will be increasingly utilized as a method to sell all types of goods in all segments of the economy. The National Auctioneers Association (NAA) will unify and lead the competitive bidding industry to fulfill this vision.
PREAMBLE
The National Auctioneers Association is the professional organization for practicing auctioneers, their associates, affiliated businesses and other related professionals. Membership in the NAA although voluntary, carries with it a requirement of professional commitment to other professionals, clients, customers and the public at large that extends beyond that of laws and professional regulations. Members of the NAA accept this obligation to conduct themselves and their businesses in a manner that serves the public interest, protects the public trust and furthers the goals of their profession.
This Code of Ethics of the National Auctioneers Association and the accompanying Standards of Practice guides the members in the performance of their professional responsibilities and duties. While this Code may establish obligations higher than those mandated by law, in any instance where the Code and the law conflict, the obligations of the law must take precedence.
DEFINITIONS
AARE (Accredited Auctioneer, Real Estate) The professional designation awarded by the NAA Educational Institute to qualified real estate auctioneers who meet the educational and experiential requirements of the Institute.
Absentee Bid A procedure that allows a bidder to participate in the bidding without being physically present. Absentee bids are usually handled under an established set of guidelines by the auctioneer or their representative.
Absolute Auction An auction where the property is sold to the highest qualified bidder with no limiting conditions or amount. The seller may not bid personally or through an agent. (See Auction without Reserve).
"As Is" Property is sold without any warranty as to its condition and/or fitness for a particular purpose. Buyers are solely responsible for examining and judging the properties condition. Also known as "As Is, Where Is" and "In its Present Condition."
Auction A method of selling property in a public forum through open and competitive bidding. Also referred to as: public auction, auction sale or sale.
Auction Listing Agreement The contract executed by the auctioneer and the seller which authorizes the auctioneer to conduct the auction on behalf of the seller and sets out the terms of the agreement and the rights and the responsibilities of each party.
Auction Subject to Confirmation (See "Reserve Auction")
Auction With Reserve An auction in which the seller or his agent reserves the right to accept or decline any and all bids. A minimum acceptable price may or may not be disclosed.
Auction Without Reserve (See "Absolute Auction")
Auctioneer The person (or firm) whom the seller engages to direct, conduct, or be responsible for a sale by auction. This person may or may not actually call or cry the auction.
Bid A prospective buyer's indicating or offer of a price he or she will pay to purchase property at auction. Bids are usually in increments established by the auctioneer.
Buyer's Premium An advertised percentage of the high bid or flat fee added to the high bid to determine the total contract price to be paid by the buyer.
CAI The professional designation awarded by the NAA Educational Institute to practicing auctioneers who meet the educational and experiential standards set by the Institute.
Client The party for whom the auctioneer sells the property; it is often synonymous with "seller."
Customer The party who attends the auction for the purpose of buying the property offered for sale.
Graduate, Personal Property Appraiser (GPPA) The professional designation awarded by the NAA Educational Institute to qualified property appraisers who meet the educational and experiential requirements. A member holding a GPPA designation must comply with standards and requirements of the Uniform Standards of Professional Appraisal Practice.
Member A member in good standing of the National Auctioneers Association.
Minimum Bid Auction An auction in which the auctioneer accepts bids at or above a disclosed price. The minimum price is always stated in the brochure and advertisements and is announced at the auction.
Reserve The minimum price that a seller is willing to accept for a property to be sold at auction. Also known as the reserve price.
Reserve Auction An auction in which the seller retains the right to establish a minimum price, to accept or decline any and all bids or to withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer. (Also known as "Auction with Reserve" and "Auction Subject to Confirmation")
RESPONSIBILITIES TO CLIENTS AND CUSTOMERS
ARTICLE 1.
Members pledge to protect and promote the interests of the client. This obligation of absolute fidelity to the client's interests is primary, but does not relieve members of their obligation to treat all parties to the transaction fairly.
STANDARDS OF PRACTICE 1.1
Members must not enter into an agreement with a client to withhold information from the public that would prove to be unsafe, illegal, detrimental to the public or material to making a decision to bid.
STANDARDS OF PRACTICE 1.2
The practice of encouraging a client to market a property as "absolute" when in actuality the member has verbally promised to convert the sale to an auction with reserve, or alternatively to cancel the sale if the marketing campaign does not produce an opening bid sufficient to satisfy the intended reserve of the client, is strictly prohibited.
STANDARDS OF PRACTICE 1.3
Members must not build unreasonable expectations about the outcome of an auction in the mind of a potential client in order to secure the client's business.
ARTICLE 2.
Members must, in conducting an auction, deal with customers in a manner exhibiting the highest standards of professionalism and respect. Members owe the customer the duties of honesty, integrity and fair dealing at all times.
STANDARD OF PRACTICE 2.1
This Article recognizes not only the legal concept of a member's dual agency responsibility to a buyer (in addition to being the agent for the seller, the auctioneer may become the agent of the buyer at the fall of the hammer in certain situations), but also the member's responsibility to act as a professional at all times. Members must conduct their business affairs so as to promote a positive image of their business and therefore the auction profession.
STANDARD OF PRACTICE 2.2
Members shall provide customers with a clear understanding of all the terms and conditions of the auction. Prior to the auction, customers for real estate auctions should be provided a copy of the contract to be signed. Following the auction, customers for personal property auctions should be provided a written bill of sale.
STANDARD OF PRACTICE 2.3
It is recognized that custom and practice may vary in the sale of different types of property as well as in different geographic areas. Therefore, this information may be provided in oral or written form. However, wherever possible, it is highly recommended that members communicate this information in written form or at a minimum to communicate this information orally prior to the commencement of bidding.
ARTICLE 3.
Members should, to assure better service to the seller and to prevent misunderstandings, enter into written agreements or, at a minimum, clear oral agreements that set forth the specific terms and conditions of the engagement.
STANDARD OF PRACTICE 3.1
Members have an obligation to conduct their business affairs in a professional manner. Contractual requirements are to a certain extent dependent upon the type of property being sold. However, members should develop their contract forms with this Article in mind.
STANDARD OF PRACTICE 3.2
Members should discuss all aspects of the services to be provided and include them in written form where appropriate including: duties and obligations of the parties; services provided by the member; insurance coverage relating to liability, theft and casualty loss; use of a buyer's premium, if applicable; handling of funds received and controlled by the member; sales tax, if applicable; and form of payment by buyers. Additionally, members must provide the client with a timely, detailed written accounting of the sale, which must include information concerning the handling and timely disposition of all funds received or controlled by the member.
ARTICLE 4.
Members shall not accept compensation from any party, other than the client, even if permitted by law, without the full knowledge of all the parties to the transaction.
ARTICLE 5.
Members shall provide the highest level of competent service in those fields in which members are customarily engaged. This competency is attained by education, training, study, practice and experience. Competence also includes the wisdom to recognize the limitations of that knowledge and when to seek the counsel, assistance or client referral appropriate for the circumstances.
STANDARD OF PRACTICE 5.1
Members should not provide auction services in a careless or negligent manner, such as a series of errors that, considered individually, might not significantly affect the results, but which when considered in the aggregate would be detrimental to the client's interests. Members must use due diligence and due care.
STANDARD OF PRACTICE 5.2
The concept of competency also extends to members who are requested or required to travel to geographic areas where they do not have recent auction experience. Members not in a position to spend the necessary time in a market area to obtain the appropriate understanding of market conditions, may find affiliating with a qualified local auctioneer the appropriate response to ensure a competently conducted auction.
STANDARD OF PRACTICE 5.3
Members must ascertain all pertinent facts necessary to implement a professional marketing campaign.
ARTICLE 6.
Members shall not undertake to provide professional services where either they, members of their immediate family, members of their firm, or any entity in which they have an ownership interest has presently or contemplates an interest, without first specifically disclosing such interest or contemplated interest.
ARTICLE 7.
Members shall not make a profit on expenditures made for their client without the client's prior knowledge and consent.
ARTICLE 8.
Members shall not engage in activities that constitute the unauthorized practice of law and shall recommend that legal counsel be obtained when the interest of any party to the transaction would be appropriately served.
ARTICLE 9.
Members shall keep monies coming into their possession in trust for other persons such as escrows, trust funds, client's monies and other similar items in a separate special account, in an appropriate financial institution.
ARTICLE 10.
Members shall not disclose any confidential client information without the client's specific consent except as required by appropriate legal authorities.
STANDARD OF PRACTICE 10.1
As a confidential trustee of information provided by the seller or gained by members through their relationship with the seller, members must carefully observe the confidential relationship in order to preserve and protect the client's trust and to maintain the public's confidence.
RESPONSIBILITIES TO THE PUBLIC
ARTICLE 11.
Members shall avoid misrepresentation or concealment of pertinent facts. There is an affirmative obligation to disclose adverse factors of which they have personal knowledge.
STANDARD OF PRACTICE 11.1
In order to protect the public and to avoid misunderstandings, members should create and retain for a reasonable period of time an audio and/or video record of each auction conducted.
ARTICLE 12.
Members must be careful at all times to present a true picture in their advertising and representations to the public. Members shall ensure that all advertising includes the names and information necessary for the public to contact the auctioneer or firm responsible for conducting the auction.
ARTICLE 13.
Members must participate in continuing education programs and should keep informed on all matters affecting the auction industry and their areas of specialization.
STANDARD OF PRACTICE 13.1
It is essential for members to remain abreast of matters affecting the profession so as to fulfill the expectations of the public. These expectations include the member's abilities to perform the tasks that are regularly expected, as well as those promoted by members as specialties. This responsibility also includes leading public discourse on matters affecting the profession.
ARTICLE 14.
Members are duty bound at all times to abide by the laws and regulations which govern the profession as well as those which, if violated, would negatively affect their ability to present to the public an image of behavior that appropriately represents the professionalism of our industry.
RESPONSIBILITIES TO THE PROFESSION
ARTICLE 15.
Members should never publicly criticize a competitor using false or deceptive information. Where an opinion of a competitor's transaction is especially requested, it should be rendered in conformity with strict professional courtesy and dignity.
STANDARD OF PRACTICE 15.1
Members shall not engage in practices or take actions inconsistent with the agency of other members. They should not seek unfair advantage over other members and should conduct their business so as to avoid controversies with other members.
STANDARD OF PRACTICE 15.2
Members shall not directly or indirectly solicit the affiliation of an employee or independent contractor in the organization of other members without the prior notice to said member.
ARTICLE 16.
Members should willingly share with other members the lessons learned through experience and study to better the profession, members' business practices and how the profession is perceived by society. Members shall be loyal to the NAA; this includes active participation in educational, civic and charitable endeavors.
ARTICLE 17.
Members should conduct their business affairs so as to avoid disputes with other members. In an instance where a controversy between members arises, they should seek the assistance of the NAA to arbitrate the controversy.
ARTICLE 18.
Members, having personal knowledge of an act by another member that, in their opinion, is a material violation of the ethical principles of this Code shall treat the matter in accordance with the procedures of filing a grievance.
STANDARD OF PRACTICE 18.1
In order for any professional organization to earn and maintain the confidence of the constituencies it serves, it must demonstrate to them the ability to "police" its own. Members have the unique ability to observe and therefore assist in the stewardship of this trust. Members have an obligation to assist the NAA and its officers in all matters, including the investigation, censure, discipline, or dismissal of members who engage in violations of this Code.
STANDARD OF PRACTICE 18.2
Members shall not knowingly or recklessly file false or unfounded ethics complaints.
ARTICLE 19.
Members charged with unethical practice or who are asked to present evidence in any disciplinary proceeding or investigation shall promptly and voluntarily place all pertinent facts and information before the appropriate body.
STANDARD OF PRACTICE 19.1
Violations of any provision of this Code should not give rise to a civil cause of action and should not create any presumption that a legal duty has been breached. Violations of the Code are not designed or intended to be the basis of any civil liability.
PER SE VIOLATIONS.
No ex post facto application is intended nor will be given effect for the following matters that are per se violations of this Code of Ethics.
ARTICLE 1.
A member's conviction of a felony, on or after July 14, 2008, involving the member acting as an auctioneer, or otherwise participating in an auction, shall result in the permanent revocation of the member's membership in the association.
ARTICLE 2.
During the period that a member owes an unpaid and unsatisfied civil, criminal, or regulatory cost, damage, fine, judgment, penalty, sanction, or other amount which was awarded, entered, levied, or ordered against the member by an agency, authority, board, bureau, commission, court, department, or other arm of government on or after July 14, 2008, as a result of the member acting as an auctioneer, or otherwise participating in an auction, the member's membership shall be suspended.
ARTICLE 3.
During the period, beginning July 14, 2008, that a member's auctioneer license is revoked by a licensing authority in any jurisdiction within the United States, for misconduct, wrongdoing, or another violation that occurred in connection with the member acting as an auctioneer, or otherwise participating in an auction, the member's membership shall be suspended.
ARTICLE 4.
During the period, beginning July 14, 2008, that a member's auctioneer license is suspended by a licensing authority in any jurisdiction within the United States, for misconduct, wrongdoing, or another violation that occurred in connection with the member acting as an auctioneer, or otherwise participating in an auction, the member's membership may be suspended, or the member may be reprimanded either privately or publicly.