Chapter 698 — Auctions

 

2009 EDITION

 

 

AUCTIONS

 

OCCUPATIONSAND PROFESSIONS

 

698.635 Definitions

 

698.640 Requirementsfor auction sales, auctioneers and auction marts; violation as unlawful tradepractice; penalty

 

698.650 Exemptions

 

698.010 [Repealed by1967 c.344 §10]

 

698.020 [Repealed by1967 c.344 §10]

 

698.030 [Repealed by1967 c.344 §10]

 

698.040 [Repealed by1967 c.344 §10]

 

698.050 [Repealed by1967 c.344 §10]

 

698.060 [Repealed by1967 c.344 §10]

 

698.070 [Repealed by1967 c.344 §10]

 

698.080 [Repealed by1967 c.344 §10]

 

698.090 [Repealed by1967 c.344 §10]

 

698.210 [Amended by1975 c.452 §1; repealed by 1975 c.453 §1]

 

698.220 [Repealed by1975 c.453 §1]

 

698.230 [Repealed by1975 c.453 §1]

 

698.240 [Repealed by1975 c.453 §1]

 

698.250 [Repealed by1975 c.453 §1]

 

698.260 [Repealed by1975 c.453 §1]

 

698.270 [Repealed by1975 c.453 §1]

 

698.280 [Repealed by1975 c.453 §1]

 

698.290 [Amended by1975 c.452 §2; repealed by 1975 c.453 §1]

 

698.300 [Repealed by1975 c.453 §1]

 

698.310 [Amended by1975 c.452 §3; repealed by 1975 c.453 §1]

 

698.320 [Amended by1975 c.452 §4; repealed by 1975 c.453 §1]

 

698.330 [Repealed by1975 c.453 §1]

 

698.410 [1955 c.659 §1;repealed by 1967 c.344 §10]

 

698.420 [1955 c.659 §2;1965 c.340 §1; repealed by 1967 c.344 §10]

 

698.430 [1955 c.659 §3;repealed by 1967 c.344 §10]

 

698.440 [1955 c.659 §§4,5;repealed by 1967 c.344 §10]

 

698.450 [1955 c.659 §6;repealed by 1967 c.344 §10]

 

698.460 [1955 c.659 §7;repealed by 1967 c.344 §10]

 

698.510 [1957 c.722 §1;1959 c.308 §1; repealed by 1977 c.842 §5]

 

698.520 [1957 c.722 §3;1959 c.308 §2; 1965 c.313 §5; repealed by 1977 c.842 §5]

 

698.525 [1969 c.510 §2;repealed by 1977 c.842 §5]

 

698.530 [1957 c.722 §2;1969 c.510 §4; 1971 c.578 §19; 1975 c.453 §2; repealed by 1977 c.842 §5]

 

698.535 [1969 c.510 §3;repealed by 1977 c.842 §5]

 

698.540 [1957 c.722 §4;1959 c.308 §3; 1965 c.313 §6; 1969 c.510 §5; repealed by 1977 c.842 §5]

 

698.550 [1957 c.722 §5;1959 c.308 §4; 1965 c.313 §7; 1975 c.429 §17; 1977 c.873 §23; repealed by 1977c.842 §5]

 

698.560 [1957 c.722 §6;repealed by 1977 c.842 §5]

 

698.570 [1957 c.722 §7;1969 c.510 §6; 1971 c.734 §164; repealed by 1977 c.842 §5]

 

698.580 [1957 c.722 §8;repealed by 1971 c.734 §21]

 

698.585 [1971 c.734 §166;repealed by 1977 c.842 §5]

 

698.590 [1957 c.722 §9;1959 c.308 §9; 1963 c.439 §1; 1965 c.313 §8; repealed by 1977 c.842 §5]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 by1979 c.828 §14]

 

698.630 [1965 c.313 §§2,3;repealed by 1977 c.842 §5]

 

698.635Definitions.As used in ORS 698.640 and 698.650:

(1)“Auction” or “auction sale” means the sale of or offer to sell real or personalproperty 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 usedfor the conduct of auction sales where more than one sale has been held in anyone calendar year. [1983 c.404 §1]

 

698.640Requirements for auction sales, auctioneers and auction marts; violation asunlawful trade practice; penalty. Except as provided in ORS 698.650, thissection establishes requirements for auction sales, auctioneers and auctionmarts. The requirements under this section are in addition to any provisionsrelating to auctions under ORS 72.3280. A person who violates any requirementunder this section commits an unlawful practice as described in ORS 646.608(1)(v). The requirements under this section are subject to enforcement andpenalty as provided under ORS 646.605 to 646.652. The following requirementsare established for auction sales, auctioneers and auction marts as described:

(1)Any advertisement of an auction sale shall include the name of the auctioneerwho will conduct the auction sale or the person responsible for the conduct ofthe auction sale.

(2)An auctioneer and the operator of an auction mart shall not use any method ofbidding at an auction that will allow property to be purchased in anundisclosed manner on behalf of the auctioneer or auction mart operator.

(3)An auctioneer or auction mart operator shall not use any method of bidding atan auction that allows the auctioneer or auction mart operator to avoid sellingany property offered for sale at auction.

(4)An auctioneer or auction mart operator shall not employ or use another personto act as a bidder or buyer at the auction on behalf of the auctioneer oroperator of the auction mart.

(5)Any time an auctioneer or auction mart operator receives money that is owed toclients of the auctioneer or auction mart operator from the sale of the client’sgoods, the auctioneer or auction mart operator must comply with all of thefollowing if the money is not immediately paid to the client at the time ofauction:

(a)Any such money maintained in an account must be kept in a trust account wherethe money is held in trust for the client and identified and accounted forseparately in a manner that will allow the money to be distinguished from themoneys of the auctioneer or operator that are subject to the debts of theauctioneer or operator. The account required by this paragraph must be separatefrom any account used by the auctioneer or operator for personal reasons orother business reasons.

(b)The client has a right to an accounting from the auctioneer or auction martoperator for any money that the auctioneer or auction mart operator received inpayment 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 tothe client before the end of 21 calendar days after the auction at which theclient’s goods were sold unless the parties have mutually agreed to anothertime of payment in writing. [1965 c.313 §4; 1983 c.404 §2; 1985 c.822 §1]

 

698.650Exemptions.This section establishes exemptions from the requirements for auctions, auctionmarts and auctioneers established under ORS 698.640. The exemptions are asdescribed in the following:

(1)Nothing in ORS 698.640 applies to any auction, auctioneer or auction martregulated under ORS chapter 599.

(2)Nothing in ORS 698.640 applies to the sale of timber at any auction or auctionmart or by any auctioneer. In addition, the sale of timber at auction is withreserve unless the timber is in explicit terms put up without reserve. [1983c.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 aspart of 1957 c.722 §19; 1967 c.344 §9; 1975 c.453 §3; repealed by 1977 c.842 §5]

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