Meya
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posted on November 14, 2000 05:06:34 PM
Posting here with your real eBay user name is perhaps a tad foolhardy, don't you think? And, if any of the items you have listed right now were "confiscated", don't you think you should end those auctions? On second thought, wouldn't you have to end ALL of your auctions due to these accusations?
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figmente
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posted on November 14, 2000 05:07:18 PM
Diversify into creative writing, try your hand at tall tales, fantasy, and horror.
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amalgamated2000
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posted on November 14, 2000 05:14:51 PM
I don't recall anyone here ever saying that you do not need a license if you accept consignments.
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kudzurose
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posted on November 14, 2000 05:24:54 PM
A $2,000. fine per, and you haven't ended your current auctions? Hmm-mm-mm.
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HartCottageQuilts
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posted on November 14, 2000 05:26:18 PM
So you now have access to a PC, yet rather than end the auctions on the items which have been "confiscated," you instead spend time telling your woeful tale here?
And you take advice from unknowns on an internet message board, rather than consulting with an attorney?
Sounds like there's considerable business savvy missing here....
[ edited by HartCottageQuilts on Nov 14, 2000 05:27 PM ]
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uaru
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posted on November 14, 2000 05:58:46 PM
I too have been arrested for listing items on eBay without an Auctioneer's license!
Early this morning a swat team surrounded my house and busted the door in. I'm not sure what will become of this. I'm still in the booking station and fortunately I've got only one hand hand cuffed to the chair and can just barely reach the detective's computer.
I'd love to tell you more but I can see he's returning to fingerprint me... must run... beware! Get your license... agh;l0lw;e0ajknfln;a ql'
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amalgamated2000
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posted on November 14, 2000 06:05:59 PM
The web site Vrane.com has a feature called "Power Bomb" that will cancel all bids and end the auction in one easy step.
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dman3
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posted on November 14, 2000 06:12:39 PM
If a I see any key words here at all that might lead to being aressted or auction violations it is this "Report of selling Stolen Items on Ebay".
Sounds to me like the person you were doing consignment for was disapointed or upset and reported there items stolen and for sale on ebay.
Some one can correct me if im wrong but I dont think you can get a license in any state to auction stolen goods on ebay.
also one or more of these auction running on ebay right now reported as stolen item wouldnt ebay have closed these ????
http://www.Dman-N-Company.com
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chococake
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posted on November 14, 2000 06:14:57 PM
Oh my, I thought my mother was lying when she left a message. Something about eBay and she needed bail money.
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undercovers
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posted on November 14, 2000 06:21:13 PM
you guys make me laugh....had a terrible day, my auctions suck raw eggs big time, and came to this board to see what was going on....and see that i am going to have to go get me an auctioneer license; i can see too that all of you are typing this while waiting in line for your auctioneers license; way to go!!!
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sg52
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posted on November 14, 2000 06:35:41 PM
What may well be true is that you need an auctioneer's license (or some equivalent license like a pawn shop license) to legally list stolen items on eBay.
If I were to open up a storefront and buy, say jewelry, with no license, and list the jewelry on eBay, I'd surely be charged with receiving stolen property within short order.
If, however, I opened up a pawn shop/ second hand store, obtaining the appropriate authorization, and followed the requirements for operating such a business in my state, (and of course avoided things which I knew or should have known were stolen), I will not be guilty of the crime of receiving stolen property, even when a stolen item occasionally ends up in my posession.
It's not surprising that the requirements of running such a business include a close relationship with the police, typically including a timely, detailed report of all acquistions before they're sold (and the police arrive to pick up anything they need, without any compensation to the shop owner).
sg52
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lotsafuzz
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posted on November 14, 2000 06:36:28 PM
It might be best not to assume that this new poster and someone else with the same user name on ebay are the same person.
Could be a lot of things going on here, one of which could be someone trying to cause problems for the ebay user name with the same ID as this poster.
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xenav
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posted on November 14, 2000 06:47:47 PM
Guys, don't jump too fast on this one. I know the people who run this consignment auction, as I am from Buffalo myself. These people own a mall in a very popular flea market in Clarence - they are, very honorable people and I believe he is looking for some real help.
I have two computers, one at work and one at home. Even if I did not, I could easily find a computer to get on the internet, so lets not presume anything.
I am going to contact them myself through eBay which lists their real email address. If I find this is someone using their name, I will report that. If not, I would appreciate it if everyone would please offer assistance, rather than automatically assume this is untrue.
EDITED PORTION: I wanted to add, that of course the stolen property issue is probably the biggest issue right now. However, knowing New York State, it brought out all the other vultures to check into the business itself. Vultures include "Sales Tax Department", "Division of Licensing", etc. etc. This may explain the problem with the auctioneer license he believe he must have. You are all right in that if this is truly the same person, he needs to contact a lawyer. If it is the same person, I believe his original intent was to warn others and to get some assistance, while waiting for his lawyer to reply.
Thanks to all.
www.xenavalloneantiques.com
[ edited by xenav on Nov 14, 2000 06:59 PM ]
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Zazzie
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posted on November 14, 2000 06:58:02 PM
Xenav----well if you know them---and that you know they OWN the Antique Market in Buffalo---then that is the first clue that the poster originator is possibly someone trying to smear the ID.
The first post of this thread---they claim they just have a BOOTH at this market.
I'll certainly wait for the evidence to come in---but if I was taking consignments--I would certainly check out the laws in my area---and not depend of the various opinions of people in varying places.
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ExecutiveGirl
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posted on November 14, 2000 07:01:23 PM
Wow, I have actually been to the Flea market / Antique Mall you are talking about. I've been there several times, actually. It's about a 2 hour drive for me. There *must* be other circumstances that have not been told here. Just for selling on eBay we do not need an auctioneer's license in NY state.
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xenav
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posted on November 14, 2000 07:03:53 PM
Zazzie,
They actually have several booths and their eBay contract uses their name "AuctionItHere" and references the owner as "XXXXX Market" (name omitted on purpose). I do the same with my consignment auctions and in my consignment contracts. It keeps the one business separated from the other. I know that when they started the consignment it was done through the store - whether they changed that or not, I could not positively state for sure.
I did sent them an email and I am waiting for a reply to see if they were actually the ones who posted here. I will keep everyone updated.
www.xenavalloneantiques.com
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xenav
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posted on November 14, 2000 07:06:48 PM
Executive Girl,
I agree - It is my understanding that an Auctioneer's license is not needed for eBay auctions and I don't know of any change in that law.
If that license does exist, I know of several dealers in that area that would also be in violation.
Again, I think the real issue here is the "alleged" stolen goods.
www.xenavalloneantiques.com
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upriver
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posted on November 14, 2000 07:10:48 PM
Wow, TWO detectives!
Were they eBay detectives?
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Shoshanah
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posted on November 14, 2000 07:12:09 PM
What I am reading here is that if one is selling consignments, and handling a third party's money, then, that someone is considered to be an auctionneer.
I would say Ebay is an Auctioneer: they collect fees and commissions.
Just my interpretation.
********************
Gosh Shosh!
http://members.ebay.com/aboutme/rifkah/
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amy
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posted on November 14, 2000 07:33:18 PM
Shosh...I think the operable words are "handling a third person's money"...ebay doesn't do that.
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Shoshanah
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posted on November 14, 2000 07:35:08 PM
hmmmm....You're right, Amy....but they do fit the other criteria...You have me wondering again...
********************
Gosh Shosh!
http://members.ebay.com/aboutme/rifkah/
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KatyD
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posted on November 14, 2000 07:53:13 PM
Hope they used the fur lined cuffs when they hooked him up. 
KatyD
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unknown
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posted on November 14, 2000 08:26:33 PM
The fact is that every one of us violates many laws every day without knowing it. The law is so complex that it would be impossible to know how to obey them all. The only reason we are not in jail is because we have not attracted the wrath of the police.
What the police were really interested in is the stolen property, probably related to a drug case. The charge for Auction violation is just another charge that they threw in. Apparently they were wrong about the stolen merchandise, so you and your very good lawyer should be very cordial and they will drop the other charge.
If you are white, you should consult with some non-white people in your area. Non-white people are much more familiar with these types of police activities and know what to do to stay out of trouble.
Offering to help the police loacte the stolen items they are looking for also may be a good idea.
Of course you do have a way to know that the merchandise you are selling on Consignment isn't stolen.
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sg52
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posted on November 14, 2000 09:51:35 PM
Of course you do have a way to know that the merchandise you are selling on Consignment isn't stolen.
No one will ever know for sure.
But it's just amazing how much better at it people get when they have to report what they've bought to the police before they can sell it (and give the police the opportunity to pick up anything reported as stolen).
sg52
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tc61380
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posted on November 14, 2000 10:11:02 PM
Sup Jerry12!
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xenav
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posted on November 15, 2000 04:24:42 AM
Wow, this is really getting out of hand. It is obvious this original poster was trying to slam the real owner of that user id on eBay. Further, "unknown" is most likely one and the same person as well, now bringing up "DRUG CHARGES". How far will these people go to ruin someone else reputation?
It is painfully obvious that these people have nothing better to do.
www.xenavalloneantiques.com
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macandjan
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posted on November 15, 2000 04:51:31 AM
This stinks like the court case we had here in MI last year where a fellow had all his property confiscated and the police went around and confiscated jewelery and other items from extended family because they had one dope head informant that said he had bought coke at the fellows bowling ally.
They never found any coke there and they never found any at any of the homes but they had a lab find some smears on 20 dollar bills the fellow had. This is a surprise in Detroit?
When you start flapping your lips about someones supposed activities you can set the greedy cops in motion. And it is almost impossible to prove yourself innocent later which is the new standard of law. If I had my property confiscated due to someones false story they could not hide far enough or deep enough to avoid retribution.
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zeenza
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posted on November 15, 2000 05:34:55 AM
Listen...I do consign and sell for senior citizens on occaision.
I often become queezy when I hear that the very fine item, porcelain figuerine or old Artwork was brought back from the War (WWII).
How do we know the GI's did not remove items from peoples homes who were forced into concentration camps? We do not.
Makes me sick to think of it. Isn't that stolen as well?
Or is it 'OK' cause we won...and those are our prizes?
I do not think you can EVER be certain of ANY consigned item. Period.
It is a risky business selling for others.
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HartCottageQuilts
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posted on November 15, 2000 06:26:21 AM
In that case, buying ANY antique/vintage item is a huge risk.
I think the point is to use what would be considered "reasonable" efforts to ensure that the item isn't hot. Unfortunately, a few folks turn a blind (and very greedy) eye and then claim they had no idea anything was wrong (the Kathie Lee defense)
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Empires
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posted on November 15, 2000 08:05:05 AM
If the original poster can cite the NY law regarding auctions (ebay) and licensing let me know. With lot's of Police as friends I'm sure I could find out the truth in a minute. But, the poster seems full of nonsense..
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