To auction real estate in north carolina, the crier of the sale (the auctioneer)

93A‑2. Definitions and exceptions.

(a) A real estate broker within the meaning of this Chapter is any person, partnership, corporation, limited liability company, association, or other business entity who for a compensation or valuable consideration or promise thereof lists or offers to list, sells or offers to sell, buys or offers to buy, auctions or offers to auction (specifically not including a mere crier of sales), or negotiates the purchase or sale or exchange of real estate, or who leases or offers to lease, or who sells or offers to sell leases of whatever character, or rents or offers to rent any real estate or the improvement thereon, for others.

(a1) The term broker‑in‑charge within the meaning of this Chapter means a real estate broker who has been designated as the broker having responsibility for the supervision of real estate salespersons engaged in real estate brokerage at a particular real estate office and for other administrative and supervisory duties as the Commission shall prescribe by rule.

(a2) The term provisional broker within the meaning of this Chapter means a real estate broker who, pending acquisition and documentation to the Commission of the education or experience prescribed by either G.S. 93A‑4(a1) or G.S. 93A‑4.3, must be supervised by a broker‑in‑charge when performing any act for which a real estate license is required.

(b) The term real estate salesperson within the meaning of this Chapter shall mean and include any person who was formerly licensed by the Commission as a real estate salesperson before April 1, 2006.

(c) The provisions of this Chapter do not apply to and do not include:

(1) Any person, partnership, corporation, limited liability company, association, or other business entity who, as owner or lessor, shall perform any of the acts aforesaid with reference to property owned or leased by them, where the acts are performed in the regular course of or as incident to the management of that property and the investment therein.

(2) Any person acting as an attorney‑in‑fact under a duly executed power of attorney from the owner authorizing the final consummation of performance of any contract for the sale, lease or exchange of real estate.

(3) The acts or services of an attorney‑at‑law.

(4) Any person, while acting as a receiver, trustee in bankruptcy, guardian, administrator or executor or any person acting under order of any court.

(5) Any person, while acting as a trustee under a trust agreement, deed of trust or will, or that person's regular salaried employees.

(6) Any salaried person employed by a licensed real estate broker, for and on behalf of the owner of any real estate or the improvements thereon, which the licensed broker has contracted to manage for the owner, if the salaried employee's employment is limited to: exhibiting units on the real estate to prospective tenants; providing the prospective tenants with information about the lease of the units; accepting applications for lease of the units; completing and executing preprinted form leases; and accepting security deposits and rental payments for the units only when the deposits and rental payments are made payable to the owner or the broker employed by the owner. The salaried employee shall not negotiate the amount of security deposits or rental payments and shall not negotiate leases or any rental agreements on behalf of the owner or broker.

(7) Any owner who personally leases or sells the owner's own property.

(8) Any housing authority organized in accordance with the provisions of Chapter 157 of the General Statutes and any regular salaried employees of the housing authority when performing acts authorized in this Chapter as to any property owned or leased by the housing authority. This exception shall not apply to any person, partnership, corporation, limited liability company, association, or other business entity that contracts with a housing authority to sell or manage property owned or leased by the housing authority. (1957, c. 744, s. 2; 1967, c. 281, s. 1; 1969, c. 191, s. 2; 1975, c. 108; 1983, c. 81, ss. 4, 5; 1985, c. 535, s. 1; 1995, c. 351, s. 20; 1999‑229, ss. 2, 3; 1999‑409, s. 1; 2001‑487, s. 23(a); 2005‑395, ss. 2, 3.)

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The Crying the Auction has existed long before Auctioneers were known as “Knights of the Hammer” “Hustlers” or “Colonels. The term “crying” a sale followed shortly after the time when Roman soldiers thrust spears into the ground to signal the start of Auctions for the dispersal of the spoils of war.

An early term for an Auctioneer was an “Out-Crier.” To understand the origin of the Out Crier, we need to review his predecessor, the “Town Crier.”

It is believed that the first Town Criers were the Spartan Runners in the early Greek Empire. This position evolved as Europe developed.

As England colonized the world, the position of the Town Crier spread with it. Before the general populace could read, Town Criers brought the news to them, and served as spokesmen for the King. Town Criers were protected by law. “Don’t shoot the messenger” was a very real command; anything that was done to a Town Crier was deemed to be done to the King and was therefore a treasonable offense.

In addition to reading Royal proclamations and local bylaws, the Crier prevailed on market days, sometimes involved in the sale of damaged goods. It was Christmas in 1798, when the Chester Canal Co. sold some sugar damaged in their packet boat and this was to be advertised by the “bellman.” (Town Crier)

The similarities of both the Town Crier and the Out Crier are most evident. The bell was a very important tool for both the Town Crier and the Out-Crier to obtain the attention of the people and to gather a crowd. Most early Auctions were conducted in central locations such as the Town Square, central coffee houses and Inns. Posting announcements, broadsides and handbills were the trade mark of both Criers. A powerful voice directed to a primarily illiterate assemblage was an attribute of both.

The primary difference between the two Criers was the fact that the Auctioneer was not an official court or government position. However, it seems to me that the Auctioneers learned to copy much of what the Town Crier did in an effort to add importance and professionalism to their sales events.

The addition of the “Auction Hammer” or gavel to the use of the bell, added formality and a sense of finality to each and every Auction transaction. Hanging a red flag above the central location of the Auction also provided the image of an official event. Even the Auctioneers apparel was meant to elevate his position a notch above the common folk and give the illusion of importance.

It is still true today, that many auctions contain functions once used by the Town Crier. A court ordered foreclosure Auction sale may be conducted in the lobby of a municipal building with official public readings rendered in a clear loud voice prior to conducting the sale.

As the Out Crier evolved to be known as an Auctioneer “crying” techniques changed. Auctioneers transitioned to “Bid Calling” and perhaps a more rhythmic and refined “Chant” depending on their specialized markets of employment.

The 18thC Auctioneers of pictures (paintings) and books were very knowledgeable salesmen who very quickly described the positive attributes of what they were offering in their specialized fields to a primarily “dealer based” crowd. The country peddler Auctioneer who purchased his goods at a rapid fire wholesale auction on the docks of an American city, would bid call from his wagon at a much slower pace to his retail customers. He would take time to explain the fine attributes of his imported goods – get the highest price and distribute as much as possible to the crowd at that price.

Auctioneers of timber, standing grass, livestock and animal furs would sell very quickly to their educated buyers in a wholesale market. However, they were no match for speed in comparison to the Auctioneers selling perishable goods in a daily wholesale market. The auctioneers that were selling fresh fish, fruits & vegetables daily had to sell extremely fast and disperse the goods fast enough to get to a secondary market to be distributed to consumers by late morning on the same day.

So who is responsible for today’s rapid fire “dealer” market chant? It can’t be the automobile Auctioneers as their very first multi-vehicle dealer style auction wasn’t until 1938. However, the Automobile Auctioneers and Livestock Auctioneers certainly have developed fantastic bid calling chants.

I would credit the Tobacco Auctioneers for being the first group to truly combine speed, rhythm and clarity to quickly disperse their commodity to professional buyers in a wholesale market. These knowledgeable Auctioneers were responsible for properly allocating the pallets of tobacco leaves to the small group of professional buyers as they walked and sold in the warehouses of the American South. Eventually, the Tobacco Auctioneer’s rhythmic chants were used in radio marketing to millions of Americans by the American Tobacco Company (Founded 1896) ending with “Sold American.”

Crying any Auction to the general public will warrant a slower bid calling style, with perhaps more explanation of the items being sold. This is true of Real Estate, Benefit or Fund Raising Auctions, the sale of Antiques and Collectibles, as well as specialized commercial equipment.

Regardless of what an Auctioneer is selling, it is perhaps one of the few instances where “crying” is joyful.

But the industry is changing to online auctions. I must say online only is less man power, but I still like to out cry an auction.

What is the primary purpose of the North Carolina real estate license Law and the real estate Commission?

How are members of the NC real estate Commission chosen?

Which of the following is a requirement for broker in charge eligibility in North Carolina?

Which of the following individuals is required to have a North Carolina real estate license?