Ohio Auction and Auctioneer Laws
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In Ohio, an Auctioneer Cannot be Held Liable for Negligent Misrepresentation when the Property is sold “AS IS”
The Court Of Appeals of Ohio, Seventh Appellate District, Mahoning County in Lewis v. Basinger, 2004-Ohio-6377, P 12 (Ohio Ct. App., Mahoning County Nov. 22, 2004) held that the "AS IS" nature of a contract and the doctrine of caveat emptor preclude recovery against a seller and the seller’s agent when there is no fraud. Basinger (“Appellant”) is a licensed aucti...
Terms Present in the Solicitations for Bids Published in Advertisement or Legal Notice Prior to the Auction, and/or the Terms Modified by the Auctioneer Before Bids Are Submitted Govern Terms of a Real Estate Auction Sale Contract
In Ley Industries, Inc. v. Charleston Auctioneers, 77 Ohio App. 3d 727 (Ohio Ct. App., Van Wert County 1991), the Ohio Court of Appeals of the Third District held that, in an auction sale of real estate, the general rules of auction sales apply. So, the auction buyer's bid, and the auctioneer's "fall of the hammer" represent the “offer" and "a...
The Board of County Commissioners May Sell an Asset which is Unfit for Public Use by Internet Auction
Ohio Administrative Code 5101:9. ODJFS Practices Chapter 5101:9-4. Acquistion and Procurement 5101:9-4-15. Disposal of assets Assets acquired in whole or in part with federal funds must be disposed of in compliance with 2 (C.F.R.) part 225, 7 C.F.R. part 277, 29 C.F.R. part 97, and 45 C.F.R. part 92 and part 95 in accordance with state and local requirements. The most restrictive regulations s...
Ohio Administrative Regulations on Auctioneers and Auction Schools
Administrative regulations relating to auctioneers, apprentice auctioneers and auction schools are detailed below: Ohio Administrative Code 901:8. Enforcement and Compliance Chapter 901:8-2. Auctioneers, Apprentice Auctioneers, and Auction Companies 901:8-2-01. State auctioneers commission meetings (A) The commission shall hold a quarterly meeting at the department of agriculture, 8995 East M...
Auction by Qualifying Permit Holders to Sell Beer, Wine or Mixed Beverages in Ohio
Administrative regulations adopted in Ohio to regulate auction by qualifying permit holder to sell beer, wine or any mixed beverages. Ohio Administrative Code 4301:1. Liquor Control Commission Chapter 4301:1-1. General Provisions 4301:1-1-78. Auctions by qualifying permit holders This rule is adopted pursuant to the provisions of sections 4301.041 , 4301.042 , 4301.13 , and 4303.202 of the Re...
Bid Rigging Prohibited in Ohio
Baldwin's Ohio Revised Code Annotated Title XLVII. Occupations--Professions (Refs & Annos) Chapter 4707. Auctioneers (Refs & Annos) Administration and Procedure 4707.151 Bid rigging prohibited (A) No person shall engage in bid rigging. (B) As used in this section, “bid rigging” means a conspiracy between auctioneers, apprentice auctioneers, special auctioneers, any pa...
Auctioneer’s Place of Business – Ohio Law
Baldwin's Ohio Revised Code Annotated Title XLVII. Occupations--Professions (Refs & Annos) Chapter 4707. Auctioneers (Refs & Annos) Administration and Procedure 4707.14 Place of business (A) Each person licensed under this chapter shall have a definite place of business in this state. (B) Except as provided in division (C) of this section, if the licensee is a nonresident, it is ...
Ohio Law on Nonresident Auctioneers
Baldwin's Ohio Revised Code Annotated Title XLVII. Occupations--Professions (Refs & Annos) Chapter 4707. Auctioneers (Refs & Annos) Administration and Procedure 4707.12 Reciprocity A nonresident may operate as an auctioneer, apprentice auctioneer, or special auctioneer within the state by conforming to this chapter. The department of agriculture may, within its discretion, waive ...
Ohio Law on the Sale of Unclaimed Property at Public Auction
Baldwin's Ohio Revised Code Annotated Title VII. Municipal Corporations Chapter 737. Public Safety (Refs & Annos) Stolen and Unclaimed Property 737.32 Sale of unclaimed property; disposition of proceeds Except as otherwise provided in this section and unless the property involved is required to be disposed of pursuant to another section of the Revised Code, property that is unclaimed ...
Sale of Estate at Public Auction – Ohio Law
5307.11 Sale of estate when no election made If no party elects to take the estate, at the insistence of a party, the court of common pleas may order a sale of the estate at publicauction by one of the following: (A) The sheriff who executed the writ of partition or the sheriff's successor in office; (B) An auctioneer who is licensed under Chapter 4707. of the Revised Code and who is qualif...
Estate Administration- Sale of Personal Property at Public Auction- Ohio Law
Baldwin's Ohio Revised Code Annotated Title XXI. Courts--Probate--Juvenile (Refs & Annos) Chapter 2113. Executors and Administrators--Appointment; Powers; Duties (Refs & Annos) Sale of Property 2113.41 Public sale (A) Public sales of personal property as provided in section 2113.40 of the Revised Code shall be at public auction and, unless otherwise directed by the probate court, ...
Ohio Law – Auction Firm’s or Auctioneer’s Suit Prohibitions
4707.18 Suit prohibitions No person engaged in the business of, or acting in the capacity of, an auction firm, auctioneer, or special auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auction firm or auctioneer without first alleging and proving that the person was a duly licensed auction firm, auctioneer,...
Auction Education Fund in Ohio
Baldwin's Ohio Revised Code Annotated Title XLVII. Occupations--Professions (Refs & Annos) Chapter 4707. Auctioneers (Refs & Annos) Administration and Procedure 4707.171 Auction education fund There is hereby created in the state treasury the auction education fund. Seven dollars and fifty cents of each fee collected for an initial or renewed auction firm's or apprentice aucti...
Claims Against Auction Firm And Licensed Auctioneer - Ohio Law
Baldwin's Ohio Revised Code Annotated Title XLVII. Occupations--Professions (Refs & Annos) Chapter 4707. Auctioneers (Refs & Annos) Administration and Procedure 4707.32 Claims against auction firm and licensed auctioneer (A) A person who asserts that the person has been aggrieved solely by the actions of an auction firm that resulted in actual and direct losses to the aggrieved pe...
Ohio Auction Recovery Fund
4707.25 Auction recovery fund (A) The auction recovery fund is hereby created in the state treasury. The fund shall be administered by the director of agriculture. The treasurer of state shall credit all of the following to the fund: any moneys transferred to it from the auctioneers fund created under section 4707.05 of the Revised Code; except as otherwise provided in this section, a portion, in...
Ohio Auction Law on License Holders in Default on Child Support Orders
4707.23 License holders in default on child support orders On receipt of a notice pursuant to section 3123.43 of the Revised Code, the department of agriculture shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter. Cite as Ohio Rev. Code Ann. § 47...
Ohio Auction Law – Written Contract of Licensee Required
Baldwin's Ohio Revised Code Annotated Title XLVII. Occupations--Professions (Refs & Annos) Chapter 4707. Auctioneers (Refs & Annos) Administration and Procedure 4707.20 Written contract of licensee (A) Except when conducting an auction under division (B)(5)(b) of section 4707.02 of the Revised Code, no person shall act as an auction firm, auctioneer, or special auctioneer until th...
Ohio Law on Auction Advertising
Baldwin's Ohio Revised Code Annotated Title XLVII. Occupations--Professions (Refs & Annos) Chapter 4707. Auctioneers (Refs & Annos) Administration and Procedure 4707.22 Advertising an auction (A) Any person licensed under this chapter who advertises, by linear advertisements or otherwise, to hold or conduct an auction shall indicate in the advertisement the licensee's name or ...
Power and Duties of the Ohio Department of Agriculture in Regulating Auctioneers
Baldwin's Ohio Revised Code Annotated Title XLVII. Occupations--Professions (Refs & Annos) Chapter 4707. Auctioneers (Refs & Annos) Administration and Procedure 4707.16 Investigation of complaint; action (A) The department of agriculture may, upon its own motion, and shall, upon the verified written complaint of any person, investigate the actions of any auction firm, auctioneer, ...
Prohibition on Reverse Auctions - Ohio Law
9.317 Reverse auction purchases; when prohibited As used in this section, “reverse auction” has the meaning defined in section 9.314 of the Revised Code, and “state agency” has the meaning defined in section 9.23 of the Revised Code. A state agency shall not purchase supplies or services by reverse auction if the contract concerns the design, construction, alteration, rep...
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