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 tonimar1
 
posted on November 23, 2007 01:56:19 PM new

thought I would pass this on, I saw it today on the news


Pennsylvania Law Forces eBay Auctioneers to Get a License

You know those people -- maybe even you -- who sell other people's stuff on eBay? Well, apparently you or they will need to get an auctioneer's license from now on, at least in Pennsyslvania. The law has actually been on the books for a while, but is garnering attention because it is only now being enforced. Two people who run online auctions for others are under investigation by the state government and face up to $1,000 in fines.

But some eBay auctioneers are speaking out. Pennsylvania-based Auction Inn, a small online eBay auction company, is speaking out against the law, though it is not one of the two cited by law enforcement. Auction Inn believes the law is unfair since eBay auctioneers don't perform the same function or duty as traditional auctioneers. Presumably, this means they don't have gavels or talk in sped-up-auction-selling-speak, since all they do is write nice descriptions, take pretty photos, and make sure the stuff gets to the buyer on time.

Getting an auctioneer's license can take six to eight months which would shut Auction Inn down for the better part of a year, essentially forcing the business to shutter.

State lawmakers are proposing bills to deal with the issue, one of which makes eBay sellers exempt from the auctioneer's law, but still requires them to register with the government.


You can already feel the garages, basements, and attics of Pennsylvania start to fill up with all the crap the won't get sold until this hubbub is sorted out.

What do you think? Is this law too much or do you think eBay auctioneers should have a license?

toni
 
 birgittaw
 
posted on November 23, 2007 02:59:00 PM new
Unless I read this incorrectly, this would apply to "internet auction houses," ie. the IsoldIt etc. enterprises who sell on consignment. Not mom and pop and their basements.

In reality, those storefront auction houses do indeed perform many of the same actions as a non-virtual establishment except of course they use eBay's auction venue instead of their own podium. So, it wouldn't seem out of line to see some sort of bonds, registration, etc. Just like anyone who deals with other people's property. If I recall, getting an auctioneer's license does involve a good bit of coursework in escrow, ethics, fiduciary responsibility, etc. etc.

 
 kozersky
 
posted on November 23, 2007 06:26:43 PM new
I believe it is good public policy. An industry has blossomed which handles the goods, and money, of other people. These ebay stores or "trading assistants" should be identified and regulated.

Unfortunately, the state is currently attempting to solve the problem by enforcing current law, which is wrong. It appears to me that attempts to modify the current law, so as to regulate the new "auctioneers" seems a better solution.

Bill K-
William J Kozersky Stamp Co.
 
 ST0NEC0LD613
 
posted on November 26, 2007 09:38:42 PM new
If I am reading this correctly, the law regulates auctioneers that sell other peoples items. Not people that are selling their own items.

If this is the case, I see no problem with it. People selling other people items should be regulated, if for no other reason, tax purposes.

SC
 
 Cashinyourcloset
 
posted on November 27, 2007 04:14:33 AM new
Stone,

There already are regulations that apply to tax reporting for eBay consignment. They are the same regulations that apply to a retail store in your neighborhood.

I'm not opposed to a requirement that consignment sellers post a bond. I don't understand why they should have to take classes in auctioneering though.

 
 Cashinyourcloset
 
posted on December 7, 2007 07:44:33 AM new
Update from AuctionBytes:

eBay sellers have been facing regulation in various states throughout the US. The latest battleground was Pennsylvania, where the State Board of Auctioneer Examiners had filed complaints against two eBay sellers in the Spring for failing to have an auctioneer's license. One target was a work-from-home eBay Trading Assistant, the other was an ISold It drop-off-store franchisee.

eBay spokesperson Catherine England told AuctionBytes last week, "Our government relations team went to the Legislature and had a bill drafted that would clarify state law that eBay sellers are not subject to regulation as auctioneers. This bill, Senate Bill 908, was introduced by Senator Wonderling but has yet to be scheduled for a hearing."

The state's auctioneers board has confirmed that it is holding off on any action pending the outcome of legislative actions. "Until a final decision is made, nothing will be done about the eBay auctions," wrote Rose Salgado, the Board's Reviewing Officer, in an email to AuctionBytes.

England said another legislator developed a second proposal that would create a special license for eBay Trading Assistants. "We told the sponsor of this bill that eBay would oppose his legislation if it required eBay sellers to register for any type of auctioneers license. He had scheduled a hearing for his bill earlier this month but he cancelled the hearing. At this time no further action is scheduled for this proposal."

eBay has a Main Street program to encourage its users to get involved by writing to legislators (http://www.ebaymainstreet.com). One page, titled "Fight Creeping Expansion of Auction Regulations," asks users to write to their elected officials and ask them to "oppose the misapplication of auction regulations to the online market place" (http://www.ebaymainstreet.com/takeaction/?campaign_id=usauctioneer).

But eBay's efforts to fight regulation does not stop at the US borders. Just this week reports surfaced that the French auction regulatory authority is seeking to close down eBay France for operating an online auction without a permit (http://www.auctionbytes.com/cab/abn/y07/m12/i04/s02).

 
 
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