Mississippi Auction Laws
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Items 1 - 14 of 14
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An Auctioneer who fails to Disclose his Principal is Deemed to Warrant Title to Goods that s/he sells. An Auctioneer can Protect Himself by Disclosing his/her Principal
The Supreme Court of Mississippi in Jones v. Ballard, 573 So. 2d 783 (Miss. 1990) held that an auctioneer who sells a good/product concealing the name of his principal is considered to be a seller and is responsible to the buyer for deficiency in title of the goods sold. Such an auctioneer deems to warrant the title to the goods that he sells. He can protect himself from this liability by re...
Mississippi Law Authorizes County Boards of Supervisors to Contract with Auctioneers To Sell County Personal Property
Mississippi Attorney General Opinions 2006. Current through 2006 Legislative Session No. 2006-00198. DOCK 2006-00198 May 19, 2006 DOCN 000017064 DOCK 2006-00198 AUTH Reese Partridge DATE 20060519 RQNM Jeffrey Webb SUBJ Supervisors SBCD 220 Jeffery T. Webb Attorney, Leake County Board of Supervisors Post Office Box 452 Carthage MS 39051 Re: County use of internet auctions Dear Mr. We...
In Mississippi, is it Permissible for an Auctioneer as Part of His Contract to Guarantee a Sum Certain to be Paid to the County on an Absolute Auction?
Mr. Thomas H. Dyson AGO 93-322 No. 93-0322 Mississippi Attorney General Opinions July 13, 1993 Mr. Thomas H. Dyson Deputy State Auditor Office of the State Auditor 3750 I–55 North Frontage Road Jackson, MS 39211 &n...
Auctioneer Not to Buy Cattle
§ 75-27-215. Licensing of auctioneers; auctioneer not to buy cattle All auctioneers shall be licensed by the payment of a fee of twenty-five dollars ($ 25.00) per year and no auctioneer shall be permitted to buy cattle in his name during the period while actually engaged in auctioneering. Cite as § 75-27-215 Source: Codes, 1942, § 5145.5-08; Laws, 1956, ch. 138, § 8, eff from ...
Sell of Firearms by Authority of Board of Supervisors
Depending on which statute controls, a Mississippi Board of Supervisors may contract with a private auction company for the sale of firearms. A county board of supervisors may contract with an auction company for the sale of firearms that have been determined by the board of supervisors to be surplus personal property pursuant to Miss. Code Ann., Section 19-7-5 and Section 17-25-25. Public sale o...
School Board May Sell Property Online
A Mississippi School board is authorized to sell personal property not needed for school purposes in accordance with Mississippi Law. The law requires advertisement in a newspaper. However, provided the newspaper requirement is met, the property may be sold online. This is based on the Mississippi Attorney General Option which stated in part: This office has previously ...
Sale of Abandoned Motor Vehicles
Mississippi Law on Sale of Abandoned Motor Vehicles § 63-23-5. Disposal procedures; proceeds escheat (1) Any automobile dealer, wrecker service, or repair service owner, or any person or party on whose property a motor vehicle is lawfully towed at the written request of a law enforcement officer, who shall have an abandoned motor vehicle on his property, may sell, free and clear of all...
Auction without Reserve
At Auction the 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 he 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. I...
Auction with Reserve
In Mississippi, the following law applies to auctions with reserve. § 75-2-328. 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 p...
When Auction Bids Final
In Mississippi, the following law applies to the contract betwen the Auctoneer and the Buyer. § 75-2-328. Sale by auction: In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. 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 fa...
Auctioneer Warrants Title
An auctioneer can be responsible to the Buyer of stolen property for a refund unless the auctioneer disclosed the principal (Seller). It may be unclear what type of disclosure, timing and other factors may be involved. An auctioneer who fails to disclose his principal--is deemed to warrant title to goods he sells--is widely accepted in other states. See, e.g., Universal C.I.T. Credi...
Auctioneer Duty to Seller or Consignor
Under Mississippi Law, Mississippi Code Section 73-4-25, the Mississippi Auction Commission, may: Refuse to issue or renew a license Place a licensee on probation or administrative supervision, suspend or revoke any license Reprimand or take any other action in relation to a license, including the imposition of a fine not to exceed Five Thousand Dollars ($5000.00) for each violation...
Mississippi Laws Auctioneers/Auctions
From the Mississippi Code. As published by the Auction Commission as of Nov. 5 1013. Auctioneers Sec. 73-4-1 Short title 73-4-3 Definitions 73-4-5 Unlicensed activities prohibited; exemptions 73-4-7 Mississippi Auctioneer Commission created; powers; member qualifications and compensation 73-4-9 Annual and special meetings; quorum; majority vote 73-4-11 Election of officers; duties ...
Payment to Consignor
Unless otherwise agreed, payment to Seller must be within 7 days of an auction in Mississippi.
Items 1 - 14 of 14
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Items 1 - 14 of 14
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