Bill Text: NY S03668 | 2009-2010 | General Assembly | Introduced


Bill Title: Specifies auction requirements; holds the auctioneer responsible for truth of statements in catalogues, announcements, etc.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S03668 Detail]

Download: New_York-2009-S03668-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3668
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 27, 2009
                                      ___________
       Introduced  by  Sens. FLANAGAN, HANNON, VOLKER -- read twice and ordered
         printed, and when printed to be committed to the Committee on Consumer
         Protection
       AN ACT to amend  the  general  business  law,  in  relation  to  auction
         requirements
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative  intent.  The  legislature  declares  that  the
    2  following  provisions  of law are in addition to other provisions of law
    3  and regulations applicable to auctions.
    4    S 2. The general business law is amended by adding a new section 29 to
    5  read as follows:
    6    S 29. AUCTION REQUIREMENTS. 1.  THE AUCTIONEER WILL BE HELD  RESPONSI-
    7  BLE  FOR  THE  TRUTH OF ANY STATEMENT CONTAINED IN ANY CATALOGUE, ADVER-
    8  TISEMENT, ANNOUNCEMENT, PRESS RELEASE OR OTHER PUBLIC STATEMENT MADE  BY
    9  THE AUCTIONEER RELATING TO ANY AUCTION.
   10    2. A. NO PERSONAL PROPERTY MAY BE AUCTIONED EXCEPT PURSUANT TO A WRIT-
   11  TEN  CONTRACT  BETWEEN  THE  CONSIGNOR OR HIS OR HER AGENT OR AUTHORIZED
   12  REPRESENTATIVE AND THE AUCTIONEER, UNLESS AUCTIONED PURSUANT TO AN ORDER
   13  OF A COURT OF COMPETENT JURISDICTION.
   14    B. EVERY CONTRACT REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
   15  MUST CONTAIN THE FOLLOWING PROVISIONS:
   16    (I) ALL FEES, COMMISSIONS AND CHARGES TO BE PAID BY THE  CONSIGNOR  TO
   17  THE AUCTIONEER OR HIS OR HER AGENTS, PRINCIPALS, EMPLOYEES, EMPLOYERS OR
   18  ASSIGNS SHALL:
   19    (1)  TO THE EXTENT PRACTICABLE, BE ITEMIZED AND SPECIFIED AS TO AMOUNT
   20  (WHICH MAY BE STATED AS A PERCENTAGE OF THE RESERVE PRICE OR  ANY  FINAL
   21  BID), AND
   22    (2)  IF SUCH ITEMIZATION AND SPECIFICATION AS TO AMOUNT IS NOT PRACTI-
   23  CABLE, BE DESCRIBED WITH SUFFICIENT PARTICULARITY TO INFORM THE  CONSIG-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04810-01-9
       S. 3668                             2
    1  NOR  OF  THE NATURE OF THE SERVICES FOR WHICH SUCH FEES, COMMISSIONS AND
    2  CHARGES WILL BE IMPOSED.
    3    (II) THAT AS OF THE DATE OF THE AUCTION THE CONSIGNOR WARRANTS THAT HE
    4  OR SHE HAS COMPLETE AND LAWFUL RIGHT, TITLE AND INTEREST IN THE PROPERTY
    5  AUCTIONED, AND THAT THE CONSIGNOR SHALL INDEMNIFY THE AUCTIONEER, HIS OR
    6  HER  AGENTS, PRINCIPALS, EMPLOYEES, EMPLOYERS OR ASSIGNS IN THE EVENT OF
    7  ANY DEFECT IN TITLE, AND THAT AN INTENDED BENEFICIARY OF  THIS  WARRANTY
    8  IS THE ULTIMATE PURCHASER AT AUCTION.
    9    C.  WHERE  ARTICLES  ARE  REFERRED TO BY CATALOGUE OR ADVERTISEMENT AS
   10  HAVING BEEN OBTAINED FROM ANY SPECIFIC PERSON,  PLACE  OR  SOURCE,  SUCH
   11  ARTICLES MUST BE SEPARATELY ENUMERATED AND IDENTIFIED.
   12    D. IF AN AUCTIONEER OR AUCTION HOUSE HAS ANY INTEREST, DIRECT OR INDI-
   13  RECT,  IN  AN  ARTICLE,  INCLUDING  A GUARANTEED MINIMUM, OTHER THAN THE
   14  SELLING COMMISSION, THE FACT SUCH INTEREST EXISTS MUST BE  DISCLOSED  IN
   15  CONNECTION  WITH ANY DESCRIPTION OF THE ARTICLE OR ARTICLES IN THE CATA-
   16  LOGUE OR ANY OTHER PRINTED MATERIAL PUBLISHED OR DISTRIBUTED IN RELATION
   17  TO THE SALE. SUCH NOTICE MAY BE DENOTED BY A PROMINENT SYMBOL OR  LETTER
   18  WHICH  WILL  REFER  THE  READER  TO  AN EXPLANATION OF THE NATURE OF THE
   19  INTEREST THE SYMBOL  OR  LETTER  DENOTES.  IN  ADDITION,  PRIOR  TO  THE
   20  COMMENCEMENT  OF  THE AUCTION, THE AUCTIONEER SHALL ORALLY ANNOUNCE THAT
   21  THOSE LOTS IN WHICH THE AUCTIONEER  HAS  AN  INTEREST  COVERED  BY  THIS
   22  SUBDIVISION HAVE BEEN DESIGNATED IN THE AUCTION CATALOGUE AND THE SYMBOL
   23  USED TO DENOTE SUCH INTEREST.
   24    E.  WHERE A CONSIGNOR IS TO RECEIVE A REBATE COMMISSION IN WHOLE OR IN
   25  PART, OR WHERE HE OR SHE WILL BE PERMITTED TO BID UPON AND TO  BUY  BACK
   26  HIS  OR HER OWN ARTICLE AT THE SALE, DISCLOSURE OF SUCH A CONDITION MUST
   27  BE MADE IN CONNECTION WITH ANY DESCRIPTION  OF  THE  ITEM  OR  ITEMS  SO
   28  AFFECTED  IN  THE  CATALOGUE  OR ANY OTHER PRINTED MATERIAL PUBLISHED OR
   29  DISTRIBUTED IN RELATION TO THE SALE. THE EXISTENCE OF SUCH  A  CONDITION
   30  MAY  BE  DENOTED BY A SYMBOL OR LETTER WHICH WILL REFER THE READER TO AN
   31  EXPLANATION OF THE NATURE OF THE INTEREST THE SYMBOL OR LETTER DENOTES.
   32    F. (I) IF THE CONSIGNOR HAS FIXED A PRICE BELOW WHICH AN ARTICLE  WILL
   33  NOT  BE  SOLD,  THE "RESERVE PRICE", THE FACT THAT THE LOT IS BEING SOLD
   34  SUBJECT TO RESERVE MUST BE DISCLOSED IN CONNECTION WITH THE  DESCRIPTION
   35  OF  ANY  LOT  SO AFFECTED IN THE CATALOGUE OR ANY OTHER PRINTED MATERIAL
   36  PUBLISHED OR DISTRIBUTED IN RELATION TO THE SALE.  THE  EXISTENCE  OF  A
   37  RESERVE  PRICE MAY BE DENOTED BY A SYMBOL OR LETTER WHICH WILL REFER THE
   38  READER TO AN EXPLANATION OF RESERVE PRICE. FOR THE PURPOSE OF PARAGRAPHS
   39  (D),(E) AND (F) OF THIS SUBDIVISION,  ADVERTISEMENTS  IN  NEWSPAPERS  OR
   40  OTHER PERIODICALS SHALL NOT CONSTITUTE PRINTED MATERIAL. WHERE NO PRINT-
   41  ED  MATERIAL  IS  PROVIDED  IN CONNECTION WITH THE AUCTION AN AUCTIONEER
   42  SHALL HAVE AVAILABLE DURING ANY ADVERTISED INSPECTION PERIOD INFORMATION
   43  AS TO WHETHER A PARTICULAR LOT IS TO BE  SOLD  SUBJECT  TO  RESERVE  AND
   44  SHALL ANNOUNCE BEFORE HE OR SHE COMMENCES THE AUCTION THAT SUCH INFORMA-
   45  TION IS AVAILABLE UPON REQUEST.
   46    (II)  WHEN  A  LOT  IS  NOT SUBJECT TO A RESERVE PRICE, THE AUCTIONEER
   47  SHALL NOT INDICATE IN ANY MANNER THAT THE LOT IS SUBJECT  TO  A  RESERVE
   48  PRICE.
   49    G.  IN  THE  EVENT  AN  AUCTIONEER  EXTENDS A LOAN TO A PURCHASER, THE
   50  AUCTIONEER SHALL DISCLOSE IN A GENERAL ANNOUNCEMENT AT THE  COMMENCEMENT
   51  OF  THE  AUCTION  THAT BIDDERS MAY BE PARTICIPATING IN THE SALE WHO HAVE
   52  BEEN OFFERED A LOAN BY THE AUCTIONEER. IN ADDITION, THIS DISCLOSURE MUST
   53  ALSO BE MADE ON SIGNS PROMINENTLY DISPLAYED IN THE AUCTION ROOM  AND  AT
   54  THE ENTRANCE THERETO. SUCH SIGNS SHALL INCLUDE THE FOLLOWING DISCLOSURE,
   55  OR CONVEY SUBSTANTIALLY THE SAME MESSAGE:
       S. 3668                             3
    1    "BIDDERS MAY BE PARTICIPATING IN THE SALE WHO HAVE BEEN OFFERED A LOAN
    2  BY THE AUCTIONEER."
    3    H. THE AUCTIONEER SHALL:
    4    (I) PROVIDE INFORMATION AS TO THE NUMBER OF JEWELS, APPROXIMATE NUMBER
    5  OF  CARATS,  NUMBER  OF  POINTS  (DIAMOND), PRINCIPAL METAL CONTENT, AND
    6  MANUFACTURER'S NAME, IF KNOWN, FOR ALL ARTICLES  OF  JEWELRY,  INCLUDING
    7  WATCHES.  THE  INFORMATION  REQUIRED BY THIS PARAGRAPH SHALL BE PROVIDED
    8  EITHER IN THE CATALOGUE DESCRIPTIONS OF SUCH ITEMS OR  BY  ATTACHING  TO
    9  EACH SUCH ITEM A TAG OR MARKING CONTAINING THE INFORMATION.
   10    (II)  ISSUE  OR  CAUSE TO BE ISSUED TO EACH PURCHASER AN INVOICE WHICH
   11  SHALL CONTAIN ALL THE FOLLOWING INFORMATION:
   12    (1) THE AUCTIONEER'S NAME, BUSINESS ADDRESS AND LICENSE NUMBER;
   13    (2) THE NAME AND ADDRESS OF THE AUCTIONEER'S EMPLOYER OR PRINCIPAL;
   14    (3) THE DATE OF SALE;
   15    (4) THE LOT NUMBER, DESCRIPTION, QUANTITY AND SELLING  PRICE  OF  EACH
   16  LOT;
   17    (5)  THE  TOTAL  AMOUNT OF PURCHASE WITH A SEPARATE STATEMENT OF SALES
   18  TAX;
   19    (6) ALL DEPOSITS MADE AGAINST THE PURCHASE PRICE.
   20    (III) ADVERTISE EACH AUCTION SALE AT LEAST ONCE IN THE SEVEN DAY PERI-
   21  OD IMMEDIATELY PRECEDING THE AUCTION.
   22    (IV) NOTIFY THE PERSON WHOSE PROPERTY  IS  BEING  AUCTIONED  (AND  ANY
   23  OTHER  PERSON  ENTITLED TO BE NOTIFIED ACCORDING TO LAW) AS TO THE DATE,
   24  PLACE AND TIME OF SALE.
   25    (V) PERMIT (PRIOR TO THE START OF THE AUCTION) PROSPECTIVE  PURCHASERS
   26  TO INSPECT EACH AND EVERY ARTICLE TO BE OFFERED FOR SALE.
   27    (VI)  FURNISH  TO  ANY  BUYER,  CONSIGNOR OR OWNER OF AN ARTICLE, UPON
   28  REQUEST, INFORMATION AS TO THE WHEREABOUTS OF THAT  ARTICLE  THAT  COMES
   29  INTO HIS OR HER POSSESSION OR THAT IS SOLD OR OFFERED FOR SALE BY HIM OR
   30  HER.
   31    (VII)  SEND CHECKS FOR THE NET AMOUNT RECEIVED ON ALL SALES TO PERSONS
   32  ENTITLED TO THE PROCEEDS THEREOF WITHIN FOURTEEN DAYS OF  DATE  OF  SALE
   33  (EXCEPT  AS  OTHERWISE  AGREED  IN WRITING OR OTHERWISE PROVIDED BY LAW)
   34  TOGETHER WITH A COMPLETE DETAILED STATEMENT INCLUDING LOT NUMBER,  QUAN-
   35  TITY,  DESCRIPTION  AND SELLING PRICE OF EACH LOT; TOTAL AMOUNT RECEIVED
   36  ON SALE; AND DISBURSEMENTS LISTING COMMISSION,  COST  OF  ADVERTISEMENT,
   37  LABOR, CHARGES AND ALLOWANCES, AND SUNDRY EXPENSES.
   38    (VIII) WHEN AN AUCTIONEER HAS A NUMBER OF THE SAME KIND OF ARTICLES TO
   39  BE  SOLD  AND  INTENDS TO DISPOSE OF EACH OF THEM AT THE AMOUNT AT WHICH
   40  THE FIRST IS SOLD, HE OR SHE SHALL MAKE AN ANNOUNCEMENT TO  THAT  EFFECT
   41  PRIOR TO OPENING THE SALE OF THE FIRST ARTICLE.
   42    I.  IF  AN  AUCTIONEER  MAKES LOANS OR ADVANCES MONEY TO CONSIGNORS OR
   43  PROSPECTIVE PURCHASERS, THIS FACT MUST BE CONSPICUOUSLY DISCLOSED IN THE
   44  AUCTIONEER'S CATALOGUE OR PRINTED MATERIAL. IF THE AUCTIONEER  DOES  NOT
   45  PROVIDE  ANY SUCH PRINTED MATERIAL, HE OR SHE SHALL MAKE THE DISCLOSURE,
   46  EITHER BY CONSPICUOUSLY POSTING A SIGN, OR IN ANOTHER SIMILARLY CONSPIC-
   47  UOUS MANNER, AT THE TIME OF ANY ADVERTISED INSPECTION PERIODS  PRIOR  TO
   48  THE  AUCTIONS. FOR THE PURPOSE OF THIS PARAGRAPH ADVERTISEMENTS IN NEWS-
   49  PAPERS OR OTHER PERIODICALS SHALL NOT CONSTITUTE PRINTED MATERIAL.
   50    J. EXCEPT TO IMPLEMENT A RESERVE PRICE, AND SUBJECT  THE  REQUIREMENTS
   51  OF  PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION, NO AUCTIONEER, HIS
   52  OR HER CONSIGNOR, EMPLOYEE, EMPLOYER, ASSIGNEE OR AGENT FOR ANY OF  THEM
   53  MAY  BID  FOR HIS OR HER OWN ACCOUNT AT ANY AUCTION IF ANY OF THEM SHALL
   54  HAVE ACCESS TO INFORMATION NOT OTHERWISE AVAILABLE TO THE PUBLIC REGARD-
   55  ING RESERVES, VALUE OR OTHER MATERIAL FACTS  RELATING  TO  THE  ARTICLES
   56  WHICH  ARE  THE  SUBJECT OF THE AUCTION, UNLESS THEIR STATUS AS A PERSON
       S. 3668                             4
    1  WITH INSIDE INFORMATION AND INTENDED PARTICIPATION IS DISCLOSED  IN  THE
    2  AUCTIONEER'S  CATALOGUE  AND ANY PRINTED MATERIAL AND ON SIGNS POSTED AT
    3  THE AUCTION.
    4    K.  WHEREVER  AN  ESTIMATE  OR  ESTIMATED  VALUE  OF AN ITEM OR LOT IS
    5  PUBLISHED IN A CATALOGUE OR ANY  OTHER  PRINTED  MATERIAL  PUBLISHED  OR
    6  DISTRIBUTED IN RELATION TO AN AUCTION SALE, A GENERAL DESCRIPTION OF THE
    7  ESTIMATE  AND  ITS MEANING AND FUNCTION MUST BE INCLUDED IN SUCH PRINTED
    8  MATERIAL. FOR THE PURPOSE OF THIS PARAGRAPH, ADVERTISEMENTS  IN  NEWSPA-
    9  PERS  OR  OTHER PERIODICALS SHALL NOT CONSTITUTE PRINTED MATERIAL. WHERE
   10  NO PRINTED MATERIAL IS PROVIDED, AND AN ESTIMATE OR ESTIMATED  VALUE  IS
   11  ANNOUNCED  OR  DISSEMINATED  IN ANY MANNER, A GENERAL DESCRIPTION OF THE
   12  ESTIMATE AND ITS MEANING AND FUNCTION MUST BE AVAILABLE FOR DISTRIBUTION
   13  AND ITS AVAILABILITY MUST  BE  ANNOUNCED  AT  THE  COMMENCEMENT  OF  THE
   14  AUCTION.
   15    L.  IN ANY ADVERTISEMENT INDICATING AN AUCTION SALE DUE TO A BUSINESS'
   16  LOSS OF LEASE OR LIQUIDATION, THE AUCTIONEER MUST INCLUDE  THE  NAME  OF
   17  THE  CONSIGNOR  OR  BUSINESS AUTHORIZING THE AUCTION. IN ANY SALE ADVER-
   18  TISED AS PURSUANT TO A SECURITY AGREEMENT, THE NAME OF THE DEBTOR  SHALL
   19  BE INDICATED CONSPICUOUSLY.
   20    3.  A.  IF THE RESERVE PRICE IS NOT BID, THE AUCTIONEER MAY WITHDRAW A
   21  LOT FROM SALE. AT THE TIME OF SUCH WITHDRAWAL,  AND  BEFORE  BIDDING  ON
   22  ANOTHER LOT BEGINS, THE AUCTIONEER SHALL ANNOUNCE THAT THE WITHDRAWN LOT
   23  HAS BEEN "PASSED", "WITHDRAWN", "RETURNED TO OWNER" OR "BOUGHT-IN".
   24    B.  BEFORE BIDDING ON ANY LOT HAS REACHED ITS RESERVE PRICE NO AUCTIO-
   25  NEER MAY MAKE OR PLACE CONSECUTIVE OR SUCCESSIVE BIDS, OR PLACE BIDS  IN
   26  RESPONSE  TO  BIDS  FROM  OTHERS, ON BEHALF OF THE CONSIGNOR, UNLESS THE
   27  FACT THAT THE AUCTIONEER WILL OR MAY BID IN SUCH A MANNER IS CLEARLY AND
   28  CONSPICUOUSLY DISCLOSED IN ANY CATALOGUE AND ANY OTHER PRINTED  MATERIAL
   29  PUBLISHED  OR  DISTRIBUTED IN CONNECTION WITH THE SALE. FOR THE PURPOSES
   30  OF THIS PARAGRAPH ADVERTISEMENTS  IN  NEWSPAPERS  OR  OTHER  PERIODICALS
   31  SHALL NOT CONSTITUTE PRINTED MATERIAL. THIS DISCLOSURE MUST ALSO BE MADE
   32  ON  SIGNS  PROMINENTLY DISPLAYED IN THE AUCTION ROOM AND AT THE ENTRANCE
   33  THERETO, AND MUST BE ANNOUNCED BY THE AUCTIONEER  IMMEDIATELY  PRIOR  TO
   34  THE COMMENCEMENT OF ANY AUCTION.
   35    THE  SIGN REQUIRED BY THIS PARAGRAPH MUST BE AT LEAST TWELVE INCHES BY
   36  EIGHTEEN INCHES IN DIMENSION WITH LETTERS AT LEAST ONE  INCH  HIGH,  AND
   37  MUST READ AS FOLLOWS, OR CONVEY A SUBSTANTIALLY SIMILAR DISCLOSURE:
   38    THE  AUCTIONEER MAY OPEN BIDDING ON ANY LOT BY PLACING A BID ON BEHALF
   39  OF THE SELLER. THE AUCTIONEER MAY FURTHER BID ON BEHALF OF  THE  SELLER,
   40  UP  TO  THE  AMOUNT OF THE RESERVE, BY PLACING SUCCESSIVE OR CONSECUTIVE
   41  BIDS FOR A LOT, OR BY PLACING BIDS IN RESPONSE TO OTHER BIDDERS.
   42    C. AFTER BIDDING HAS REACHED THE RESERVE PRICE OF A LOT:
   43    (I) THE AUCTIONEER MAY NOT BID ON  BEHALF  OF  THE  CONSIGNOR  OR  THE
   44  AUCTION HOUSE; AND
   45    (II)  THE  AUCTIONEER MAY ONLY ACCEPT BIDS FROM PERSONS OTHER THAN THE
   46  CONSIGNOR OR THE AUCTION HOUSE EXCEPT ABSENTEE TELEPHONE, ORDER OR OTHER
   47  AGENT'S BIDS;
   48    (III) THIS PARAGRAPH SHALL NOT APPLY TO AUCTION SALES CONDUCTED PURSU-
   49  ANT TO AN ORDER OF A COURT OF COMPETENT JURISDICTION, INCLUDING AN ORDER
   50  OF A BANKRUPTCY JUDGE OR TRUSTEE, OR A SALE OF SECURED PROPERTY PURSUANT
   51  TO THE UNIFORM COMMERCIAL CODE, OR THE SALE OF PROPERTY WHICH IS SUBJECT
   52  TO A LIEN OR ASSIGNMENT PURSUANT TO THE LAWS OF THE STATE OF NEW YORK.
   53    D. IN NO EVENT SHALL THE RESERVE PRICE FOR ANY LOT EXCEED THE  MINIMUM
   54  ESTIMATED VALUE OF THE LOT AS PUBLISHED IN ANY CATALOGUE OR OTHER PRINT-
   55  ED MATERIAL DISTRIBUTED BY THE AUCTIONEER.
       S. 3668                             5
    1    4.  A.  AN  AUCTIONEER  MAY NOT DISCLAIM WARRANTY OF TITLE OF ANY ITEM
    2  SOLD AT AUCTION. THE AUCTIONEER SHALL  REIMBURSE  ANY  PURCHASER  IN  AN
    3  AMOUNT  EQUAL  TO THE SUCCESSFUL BID AT AUCTION PLUS ANY BUYER'S COMMIS-
    4  SION PAID IN THE EVENT IT IS  DETERMINED  THAT  THE  PURCHASER  HAS  NOT
    5  ACQUIRED TRANSFERABLE TITLE TO THE ITEM.
    6    B.  AT  THE AUCTION SALE PREMISES ONLY EXTERIOR SIGNS MAY BE DISPLAYED
    7  ADVERTISING THE AUCTION SALE BUT THE SAME  SHALL  NOT  BE  EXCESSIVE  IN
    8  SIZE.
    9    C. AN AUCTIONEER MAY NOT:
   10    (I)  OFFER  MORE  THAN ONE ARTICLE FOR SALE AT ANY ONE TIME UNLESS THE
   11  COMBINING OF ARTICLES OR LOTS IS SO INDICATED PRIOR TO THE INITIAL BID.
   12    (II) REPRESENT AN ARTICLE TO BE GUARANTEED BY THE MANUFACTURER OR  THE
   13  OWNER UNLESS A MANUFACTURER'S OR OWNER'S GUARANTEE ACCOMPANIES THE ARTI-
   14  CLE.
   15    (III)  OFFER  AN  ARTICLE  CONTAINED  IN  A  CARTON,  PACKAGE OR OTHER
   16  CONTAINER COMMONLY KNOWN AS A BLIND ARTICLE UNLESS PRIOR TO THE OFFER IT
   17  IS ANNOUNCED THAT THE HIGHEST BIDDER  MAY  REJECT  THE  ARTICLE  IF  NOT
   18  SATISFACTORY  TO HIM OR HER. THIS PROVISION DOES NOT REFER TO AN AUCTION
   19  OF ARTICLES IN BULK WHERE A SAMPLE IS DISPLAYED AND BALANCE OF  ARTICLES
   20  ARE REPRESENTED TO CONFORM TO THE SAMPLE.
   21    (IV) ACCEPT AS PAYMENT OR EXCHANGE ANY ARTICLE PREVIOUSLY KNOCKED DOWN
   22  OR SOLD TO A SUCCESSFUL BIDDER. THE ARTICLE KNOCKED DOWN OR SOLD MUST BE
   23  DELIVERED  TO  THE  BIDDER  OR,  IF THE AUCTIONEER IS WILLING AND AT THE
   24  BIDDER'S ELECTION, THE PURCHASE PRICE REFUNDED IN FULL. NO OTHER ARTICLE
   25  MAY BE OFFERED TO SAID BIDDER  AS  A  SUBSTITUTE  OR  REPLACEMENT.  SUCH
   26  REFUND  SHALL  TAKE  PLACE WITHIN A REASONABLE TIME OR MAY BE APPLIED AS
   27  PART PAYMENT OR PAYMENT FOR ANY OTHER ARTICLE PURCHASED  AT  AUCTION  BY
   28  THE SAME BIDDER.
   29    5.  THE  PROVISIONS  OF  THIS  SECTION SHALL BE ENFORCED BY THE COUNTY
   30  OFFICER CHARGED WITH ENFORCEMENT  OF  CONSUMER  PROTECTION  WITHIN  SUCH
   31  COUNTY,  EXCEPT  THAT  IN  THE  CITY OF NEW YORK, BY THE COMMISSIONER OF
   32  CONSUMER AFFAIRS OF SUCH CITY.
   33    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   34  have become a law.
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