Bill would ease partnerships between auctioneers, real estate agents

Auctioneers may not have to spend an extra couple thousand to get a brokers license, depending on passage of a bill currently on the state Senate agenda.

Senate Bill 125 is waiting for a hearing on the Senate floor, according to District 7 Sen. Pat Woods.

Woods said the bill he sponsored allows auctioneers, who only auction property occasionally, to continue partnering with real estate agents to complete paperwork and oversee sales.

"I thought, why would they have to be a licensed Realtor?" said Woods. "Couldn't they work under a contract?"

Woods said the bill passed the Senate Judiciary Committee Wednesday.

Before the bill was heard at the Senate Corporation and Transportation Committee, it was set aside to incorporate language reflecting concerns from Realtors, Woods said.

Comments were not added, however, from Realtors before the bill passed to the Senate Judiciary Committee, he added. Language reflecting those concerns were added before it left committee, Woods said.

Local Realtors shared contrasting viewpoints on the bill.

"The consumer is limited on the number of brokers who are also auctioneers," Town and Country Real Estate Realtor Brett Johnson said. "I think it's a good bill. It's my opinion you can hire somebody to take bids as long as you have a real estate broker to oversee the process, to do all the paperwork and to make sure everything is in compliance."

New Mexico Property Group Realtor Richard Randals, in Tucumcari, said there needs to be clearer guidelines to protect the public, adding a lot of out of state auction companies will work with qualified New Mexico brokers.

"Just saying that, if you want to hire an auctioneer, that's fine, to use the auctioneer to go through a qualifying broker" Randals said. "But it's not clear where the money is going. Who's dispersing the funds from the sale of the real estate property? The qualifying broker should. We just need some language to protect the public and that's what the real estate commission is all about. I like the idea of the auctioneer being licensed by the state, using the real estate license to make money."

Local auctioneers' reactions ranged from enthusiasm to indifference.

"The perception of All Star is there's a misconception that auctioneers want to auction real property without the participation of a New Mexico qualified broker," said Kendall Terry, owner of All Star Auction in Portales. "I always want a real estate broker to be there to oversee the transaction. We just want the opportunity to be able to bid-mark it."

Gid Priest, owner of W&J Auctioneers in Clovis, is against the bill, but notes, "We don't do enough (real estate) selling to make a difference.

"If I was selling real estate every week, it'd be different. I only sell 10 properties a year."