§ 115.05. CONDITIONAL OR PROVISIONAL SALES.  


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  • All public auctions of items provided in Section 115.15 of this Chapter sold after 6:00 p.m. conditionally or provisionally shall be sold upon the following terms and conditions:

    (A)

    The auctioneer will inform and advise all prospective or potential purchasers, prior to offering any article for sale, of the conditions or provisions subject to which any proposal or offer to buy the article is to be accepted by the auctioneer.

    (B)

    All auctioneers shall permanently display at all times in their place of business, a notice, sign or bulletin in and by which prospective or potential purchasers shall be effectively and adequately informed and advised of the auctioneer's methods of doing business.

    (C)

    All auctioneers shall furnish and deliver to each prospective or potential purchaser, whose conditional or provisional proposal, or offer to buy any article offered for sale by the auctioneer shall have been accepted, of an article sold for fifty dollars ($50.00) or more, or upon request, regardless of sale price, a written or printed memorandum in and by which the auctioneers shall legally and effectively bind themselves contractually to refund to the purchaser the full amount of any money conditionally or provisionally paid as, or on account of, the purchase price of the article if and in the event the purchaser, at any time within thirty (30) days after the submission of the conditional or provisional proposal or offer to buy, with or without the assignment of any reason or excuse for doing so, shall redeliver that article to the auctioneer and request the refund.

(Code 1980, § 6-20)

Cross reference

Penalty, § 115.99.