Exemption to Going Out of Business Sale for Auctioneers

New York Statutes
General Business
Article 29-F. GOING OUT OF BUSINESS SALES
Current through 2013 New York Laws, Chapter 552
§ 584. Exceptions

The provisions of this article shall not apply to any sale advertised as an "alteration sale," "remodeling sale," "clearance sale," "surplus stock liquidation sale," "floor sample sale," "inventory reduction sale," "special purchase sale," or any other advertising or designation by any other expression or characterization similar to any of the foregoing giving notice to the public that the sale will not precede the abandonment of a business location, nor shall this article apply to the following persons:

(a)     Persons acting pursuant to an order or process of a court of competent jurisdiction;
(b)     Persons who are required to file an accounting with a court of competent jurisdiction;
(c)     Persons acting in accordance with their powers and duties as public officers;
(d)     Any publisher or employee of a newspaper, magazine, or any operator or employee of a radio or television broadcasting station, who publishes or broadcasts any such advertisement in good faith without knowledge of its false, deceptive and misleading character, or without knowledge that the provisions of this article have not been complied with;
(e)     Any duly licensed auctioneer, selling at auction;
(f)     Any insurance corporation, or any association, firm or corporation, the controlling interest in which is owned by any insurance corporation or corporations, which, pursuant to the terms of a policy or policies of insurance, acquires title in or to any goods, wares or merchandise damaged by fire, smoke, water or otherwise, and which advertises and sells such goods, wares and merchandise as salvage.
Cite as General Business§ 584