Texas has passed the most sweeping, most comprehensive reform of the Texas Auctioneer law since its [sic] inception in 1978
House Bill 3038 is the most sweeping, most comprehensive reform of the Texas Auctioneer law since its inception in 1978. This law will regulate all auctions no matter the method of competitive bid process that is utilized in the marketing of the sale. Additionally, like the real estate law everyone who offers auction services, negotiates a contract or executes an auction contract must have a license.
Also noteworthy, the law is said to have taken effect on July 5th 2013.
At the Auctioneers Frequently Asked Questions page of the Texas Department of Licensing and Regulation, the FAQ states:
…the expansion of the definition of ‘auctioneer’ beyond live bid calling, and increasing the minimum balance requirement in the Auctioneer Education and Recovery Fund.
8. Will there be regulation for auctioneers who sell online?
The bill does appear to impact online auctions. This is one of the areas that will be addressed by rulemaking, which will involve the Education Advisory Board, a department review, and legal opinion.
Not being a legal expert, it still seems pretty clear that this will impact ebaY and it’s Texas based sellers. Considering the law is apparently already in effect, it may be a good thing for ebaY sellers in Texas to make sure they are in compliance. In the meantime, buyers; don’t patronize any of them who are not.
No way of telling what other fallout there may be from this , but it should also be expected that ebaY may change policies to be sure that sellers conform as well.
Although no one is in favor of more government regulations, and there is nothing to indicate that ebaY and/or it’s policies,practices etc had anything to do with this legislation, it’s very clear that ebaY fails to regulate it’s self and it’s members/issues etc adequately. They’ve even been known to create or alter policies (for dubious reasons) which would appear to override the laws of the land. Therefore new laws such as this (and more) throughout all the states may be a good thing in the end.
- Is ebaY Ending It’s Trading Assistant Program? (cappnonymous.wordpress.com)
- 15,000 ebaY Sellers Get the Axe! (cappnonymous.wordpress.com)