Auctioneers; puffing; fees.

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It is unlawful for any person who sells at public auction any personal property belonging to another:

A. to bid on any article placed by him at auction; or

B. employ or in any way allow puffers to bid for him at an auction.

History: Laws 1889, ch. 95, § 1; C.L. 1897, § 1290; Code 1915, § 377; C.S. 1929, § 10-101; 1941 Comp., § 51-1501; 1953 Comp., § 67-13-1; 2005, ch. 77, § 1.

ANNOTATIONS

The 2005 amendment, effective June 17, 2005, removes the limitation on the amount of the fee that an auctioneer may not receive from the owner of the goods auctioned.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Auctions and Auctioneers §§ 29, 30, 71 to 75.

Effect on auction sale of by-bidding or puffing, 46 A.L.R. 122.

Withdrawal of property from auction sale, 37 A.L.R.2d 1049.

Auctioneer's action for commissions against seller, 38 A.L.R.4th 170.

Auction sales under UCC § 2-328, 44 A.L.R.4th 110.

Liability of auctioneer under doctrine of strict products liability, 83 A.L.R.4th 1188.

7A C.J.S. Auctions and Auctioneers §§ 3, 15, 22.


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