Chapter 698 — Auctions
2011 EDITION
AUCTIONS
OCCUPATIONS AND PROFESSIONS
698.635 Definitions
698.640 Requirements
for auction sales, auctioneers and auction marts; violation as unlawful trade
practice; penalty
698.650 Exemptions
698.010
[Repealed by 1967 c.344 §10]
698.020
[Repealed by 1967 c.344 §10]
698.030
[Repealed by 1967 c.344 §10]
698.040
[Repealed by 1967 c.344 §10]
698.050
[Repealed by 1967 c.344 §10]
698.060
[Repealed by 1967 c.344 §10]
698.070
[Repealed by 1967 c.344 §10]
698.080
[Repealed by 1967 c.344 §10]
698.090
[Repealed by 1967 c.344 §10]
698.210
[Amended by 1975 c.452 §1; repealed by 1975 c.453 §1]
698.220
[Repealed by 1975 c.453 §1]
698.230
[Repealed by 1975 c.453 §1]
698.240
[Repealed by 1975 c.453 §1]
698.250
[Repealed by 1975 c.453 §1]
698.260
[Repealed by 1975 c.453 §1]
698.270
[Repealed by 1975 c.453 §1]
698.280
[Repealed by 1975 c.453 §1]
698.290
[Amended by 1975 c.452 §2; repealed by 1975 c.453 §1]
698.300
[Repealed by 1975 c.453 §1]
698.310
[Amended by 1975 c.452 §3; repealed by 1975 c.453 §1]
698.320
[Amended by 1975 c.452 §4; repealed by 1975 c.453 §1]
698.330
[Repealed by 1975 c.453 §1]
698.410 [1955
c.659 §1; repealed by 1967 c.344 §10]
698.420 [1955
c.659 §2; 1965 c.340 §1; repealed by 1967 c.344 §10]
698.430 [1955
c.659 §3; repealed by 1967 c.344 §10]
698.440 [1955
c.659 §§4,5; repealed by 1967 c.344 §10]
698.450 [1955
c.659 §6; repealed by 1967 c.344 §10]
698.460 [1955
c.659 §7; repealed by 1967 c.344 §10]
698.510 [1957
c.722 §1; 1959 c.308 §1; repealed by 1977 c.842 §5]
698.520 [1957
c.722 §3; 1959 c.308 §2; 1965 c.313 §5; repealed by 1977 c.842 §5]
698.525 [1969
c.510 §2; repealed by 1977 c.842 §5]
698.530 [1957
c.722 §2; 1969 c.510 §4; 1971 c.578 §19; 1975 c.453 §2; repealed by 1977 c.842 §5]
698.535 [1969
c.510 §3; repealed by 1977 c.842 §5]
698.540 [1957
c.722 §4; 1959 c.308 §3; 1965 c.313 §6; 1969 c.510 §5; repealed by 1977 c.842 §5]
698.550 [1957
c.722 §5; 1959 c.308 §4; 1965 c.313 §7; 1975 c.429 §17; 1977 c.873 §23;
repealed by 1977 c.842 §5]
698.560 [1957
c.722 §6; repealed by 1977 c.842 §5]
698.570 [1957
c.722 §7; 1969 c.510 §6; 1971 c.734 §164; repealed by 1977 c.842 §5]
698.580 [1957
c.722 §8; repealed by 1971 c.734 §21]
698.585 [1971
c.734 §166; repealed by 1977 c.842 §5]
698.590 [1957
c.722 §9; 1959 c.308 §9; 1963 c.439 §1; 1965 c.313 §8; repealed by 1977 c.842 §5]
698.600 [1957
c.722 §10; repealed by 1977 c.842 §5]
698.610 [1957
c.722 §11; repealed by 1977 c.842 §5]
698.620 [1957
c.722 §12; 1959 c.308 §5; 1959 c.406 §33; 1963 c.461 §28; repealed by 1977
c.842 §5 and by 1979 c.828 §14]
698.630 [1965
c.313 §§2,3; repealed by 1977 c.842 §5]
698.635 Definitions.
As used in ORS 698.640 and 698.650:
(1)
“Auction” or “auction sale” means the sale of or offer to sell real or personal
property by public outcry or to the highest bidders.
(2)
“Auctioneer” means any person who sells or offers to sell property at auction,
either on the person’s own behalf or for another person.
(3)
“Auction mart” means any fixed or established place designed, intended or used
for the conduct of auction sales where more than one sale has been held in any
one calendar year. [1983 c.404 §1]
698.640 Requirements for auction sales,
auctioneers and auction marts; violation as unlawful trade practice; penalty.
Except as provided in ORS 698.650, this section establishes requirements for
auction sales, auctioneers and auction marts. The requirements under this
section are in addition to any provisions relating to auctions under ORS
72.3280. A person who violates any requirement under this section commits an
unlawful practice as described in ORS 646.608 (1)(v). The requirements under
this section are subject to enforcement and penalty as provided under ORS 646.605
to 646.652. The following requirements are established for auction sales,
auctioneers and auction marts as described:
(1)
Any advertisement of an auction sale shall include the name of the auctioneer
who will conduct the auction sale or the person responsible for the conduct of
the auction sale.
(2)
An auctioneer and the operator of an auction mart shall not use any method of
bidding at an auction that will allow property to be purchased in an
undisclosed manner on behalf of the auctioneer or auction mart operator.
(3)
An auctioneer or auction mart operator shall not use any method of bidding at
an auction that allows the auctioneer or auction mart operator to avoid selling
any property offered for sale at auction.
(4)
An auctioneer or auction mart operator shall not employ or use another person
to act as a bidder or buyer at the auction on behalf of the auctioneer or
operator of the auction mart.
(5)
Any time an auctioneer or auction mart operator receives money that is owed to
clients of the auctioneer or auction mart operator from the sale of the client’s
goods, the auctioneer or auction mart operator must comply with all of the
following if the money is not immediately paid to the client at the time of
auction:
(a)
Any such money maintained in an account must be kept in a trust account where
the money is held in trust for the client and identified and accounted for
separately in a manner that will allow the money to be distinguished from the
moneys of the auctioneer or operator that are subject to the debts of the
auctioneer or operator. The account required by this paragraph must be separate
from any account used by the auctioneer or operator for personal reasons or
other business reasons.
(b)
The client has a right to an accounting from the auctioneer or auction mart
operator for any money that the auctioneer or auction mart operator received in
payment for the client’s goods that is not paid to the client.
(c)
The auctioneer or auction mart operator must pay the client the money owed to
the client before the end of 21 calendar days after the auction at which the
client’s goods were sold unless the parties have mutually agreed to another
time of payment in writing. [1965 c.313 §4; 1983 c.404 §2; 1985 c.822 §1]
698.650 Exemptions.
This section establishes exemptions from the requirements for auctions, auction
marts and auctioneers established under ORS 698.640. The exemptions are as
described in the following:
(1)
Nothing in ORS 698.640 applies to any auction, auctioneer or auction mart
regulated under ORS chapter 599.
(2)
Nothing in ORS 698.640 applies to the sale of timber at any auction or auction
mart or by any auctioneer. In addition, the sale of timber at auction is with
reserve unless the timber is in explicit terms put up without reserve. [1983
c.404 §3]
698.710 [1957
c.722 §13; 1963 c.580 §65; 1967 c.401 §7; 1969 c.314 §99; 1969 c.510 §7; 1971
c.753 §40; repealed by 1977 c.842 §5]
698.720 [1957
c.722 §14; repealed by 1971 c.753 §74]
698.730 [1957
c.722 §18; 1959 c.308 §6; repealed by 1977 c.842 §5]
698.740 [1957
c.722 §15; repealed by 1971 c.753 §74]
698.750 [1957
c.722 §16; 1967 c.637 §36; repealed by 1971 c.753 §74]
698.755 [1959
c.308 §8; repealed by 1977 c.842 §5]
698.760 [1957
c.722 §17; repealed by 1971 c.753 §74]
698.770 [1957
c.722 §19; repealed by 1977 c.842 §5]
698.990
[Subsection (3) of 1965 Replacement Part enacted as 1955 c.659 §8; subsection
(2) enacted as part of 1957 c.722 §19; 1967 c.344 §9; 1975 c.453 §3; repealed
by 1977 c.842 §5]
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