Oregon Auction Law

Oregon is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon’s northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. The 42° north parallel delineates the southern boundary with California and Nevada.

Oregon has been home to many indigenous nations for thousands of years. The first European traders, explorers, and settlers began exploring what is now Oregon’s Pacific coast in the early-mid 1500s. As early as 1565, the Spanish began sending vessels northeast from the Philippines, riding the Kuroshio Current in a sweeping circular route across the northern part of the Pacific. In 1592, Juan de Fuca undertook detailed mapping and studies of ocean currents in the Pacific Northwest, including the Oregon coast as well as the strait now bearing his name. Spanish ships – 250 in as many years – would typically not land before reaching Cape Mendocino in California, but some landed or wrecked in what is now Oregon. Nehalem tales recount strangers and the discovery of items like chunks of beeswax and a lidded silver vase, likely connected to the 1707 wreck of the San Francisco Xavier.

Requirements for auction sales, consignment sales, auctioneers, consignees and auction marts

This section establishes requirements for auction sales, consignment sales, auctioneers, consignees and auction marts.

A person who violates a requirement under this section commits an unlawful practice as described in ORS 646.608 (Additional unlawful business, trade practices) (1)(v) that is subject to enforcement and penalty as provided under ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General).

The requirements of this section are in addition to the provisions of ORS 72.3280 (Sale by auction) that relate to auctions and in addition to other provisions of law that govern consignment sales.

  1. The following requirements apply to auction sales, consignment sales, auctioneers, consignees and auction marts as described:
  1. An advertisement of an auction sale or consignment sale must include the name of the auctioneer who will conduct the auction sale or the person responsible for conducting the auction sale or consignment sale.
  2. An auctioneer, auction mart operator or consignee may not use any method of bidding at an auction or selling at a consignment sale that will allow the auctioneer, auction mart operator or consignee to purchase property in an undisclosed manner on the auctioneer’s, auction mart operator’s or consignee’s own behalf.
  3. An auctioneer, auction mart operator or consignee may not use a method of bidding at an auction or selling at a consignment sale that allows the auctioneer, auction mart operator or consignee to avoid selling property offered for sale at auction or at a consignment sale.
  4. An auctioneer, auction mart operator or consignee may not employ or use another person to act as a bidder or buyer at the auction or consignment sale on behalf of the auctioneer, auction mart operator or consignee.
  5. If an auctioneer, auction mart operator or consignee does not immediately pay moneys that the auctioneer, auction mart operator or consignee owes to a person after selling real or personal property that the person offered, gave or entrusted to the auctioneer, auction mart operator or consignee to sell on the person’s behalf at auction or at a consignment sale, the auctioneer, auction mart operator or consignee shall:

A. Maintain the moneys in trust for the person in a trust account that is separate from any account that the auctioneer, auction mart operator or consignee uses for personal reasons or other business reasons, and identify and account for the moneys so that the moneys may be distinguished from moneys that are subject to the auctioneer’s, auction mart operator’s or consignee’s other debts;

B. Account to the person for all moneys the auctioneer, auction mart operator or consignee receives in payment for the person’s real or personal property;

C. Pay the moneys the auctioneer, auction mart operator or consignee owes to the person within 21 calendar days after the date of the auction or the consignment sale at which the auctioneer, auction mart operator or consignee sold the person’s real or personal property, unless the person and the auctioneer, auction mart operator or consignee have mutually agreed in writing to payment on a different date; and

D. Return the person’s unsold property within 21 calendar days after the auction or consignment sale unless the parties have mutually agreed in writing to another date.

Sale by auction

  1. In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.
  2. A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in the auctioneer’s discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.
  3. Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until the auctioneer announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract a bid until the auctioneer’s announcement of completion of the sale, but a bidder’s retraction does not revive any previous bid.
  4. If the auctioneer knowingly receives a bid on the seller’s behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at the buyer’s option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale. 

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