Oregon Statute | Act | Code |Title 51 Labor And Employment| US Code - US Statute

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]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] 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]

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