Ohio Revised Code Search

...(A) No franchisor shall do any of the following: (1) Fail to obey a requirement or order made by the motor vehicle dealers board, or the order of any court upon application of the board; (2) Fail to perform a duty imposed upon it by sections 4517.50 to 4517.65 of the Revised Code or do any act prohibited by those sections. (B) No franchisee or prospective transferee shall fail to perform a duty imposed upon it by ...

...(A) When a franchisor does, causes, or permits to be done anything prohibited by this chapter, or fails to perform any duty imposed upon it by this chapter, the franchisor shall be liable to the franchisee in double the amount of actual damages sustained, plus court costs and reasonable attorney fees. (B) When a franchisor terminates, cancels, or fails to renew a franchise without the prior consent of the franchisee...

...Whoever violates any provision of sections 4517.01 to 4517.65 of the Revised Code for which no penalty otherwise is provided in the section that contains the provision violated, or any rule promulgated by the registrar of motor vehicles or the motor vehicle dealers board under sections 4517.01 to 4517.45 of the Revised Code, is guilty of a misdemeanor of the fourth degree.

...The department of agriculture shall administer this chapter.

...Only an auctioneer who is licensed under this chapter and who is licensed as a real estate broker or a real estate salesperson under Chapter 4735. of the Revised Code shall sign an auction contract for the sale of real property at auction. A real estate broker who is licensed under Chapter 4735. of the Revised Code, but who is not licensed as an auctioneer under this chapter shall not sign an auction contract or cond...

...(A) An auction shall be a reserve auction unless explicitly stated otherwise in the contract for the auction and in the terms and conditions governing the auction. For purposes of a reserve auction, there need not be an announcement or indication that the reserve is attained. (B) A person licensed under this chapter shall not use absentee bidding unless the owner of the real or personal property being sold provides ...

...l real or personal property by absolute auction unless all of the following apply: (1) One of the following applies: (a) Except for current tax obligations, easements, or restrictions of record of the seller, there are no liens or encumbrances on the property in favor of any other person. (b) Every holder of a lien or encumbrance, by execution of the auction contract or other written agreement provided to the auct...

...n seventy-two hours after the end of an auction, a person licensed under this chapter shall deposit in one or more trust or escrow accounts all money received from the sale of an owner's or consignee's personal property at auction unless the licensee pays the money to the owner or consignee immediately after the end of the auction. (B) For purposes of this section, a person licensed under this chapter shall designat...

...nt. One member shall be a member of the public who represents the interests of consumers, is not licensed under this chapter, does not have any management responsibility in the auctioneering industry, does not formulate any policy of the auctioneering industry, does not have a financial interest in the auctioneering industry, and does not have any other connection with the auctioneering profession. (B) Terms of offi...

...the state treasury to the credit of the auctioneers fund, which is hereby created. All expenses incurred by the department in administering this chapter shall be paid out of the fund. The total expenses incurred by the department in the administration of this chapter shall not exceed the total fees, charges, fines, and penalties imposed under sections 4707.08, 4707.10, and 4707.99 of the Revised Code and paid to the ...

...department of agriculture may grant one-auction licenses to any nonresident individual who is determined to be qualified by the department. Chapter 4796. of the Revised Code does not apply to one-auction licenses issued under this section. Any individual who applies for a one-auction license shall attest, on forms provided by the department, and furnish to the department, satisfactory proof that the license applic...

...tion shall act or hold itself out as an auctioneer without a valid auctioneer's license issued under this section. (B) The department of agriculture may grant an auctioneer's license to a corporation, limited liability company, general or limited partnership, or unincorporated association that is determined to be qualified by the department. Every applicant for a license under this section shall furnish to the dep...

...nder this chapter and who only provides auction services or holds the person's self out as providing auction services shall do so only with a valid auction firm license issued under this section. This section does not apply to either of the following: (1) A person licensed as a motor vehicle auction owner under Chapter 4517. of the Revised Code who exclusively sells motor vehicles to a person licensed under Chapter ...

... of the Revised Code and for unlicensed auction firm managers as required under division (D) of section 4707.074 of the Revised Code. The written examination shall be held at the department or at an alternative location determined by the department. An examination shall not be required for the renewal of any license unless the license has been revoked or allowed to expire without renewal, in which case the applicant ...

...(A) Prior to the expiration of an auctioneer's license, an auctioneer may submit an application to the department of agriculture, on forms provided by the department, to place the license on deposit with the department for a period not to exceed two years. Not later than fourteen days after receipt of an application under this section, the department shall accept or deny the application. (B) If the department accep...

...person to whom the department issues an auctioneer's license or auction firm license shall pay a licensure fee. Those licenses are biennial and expire in accordance with the schedule established in division (A)(2) of this section. If such a license is issued during the first year of a biennium, the licensee shall pay a fee in the amount of two hundred dollars. If the license is issued during the second year of a bien...

...(A) A licensed auctioneer shall complete eight hours of continuing education in accordance with this section prior to renewal of the license under section 4707.10 of the Revised Code. The auction firm manager of a licensed auction firm shall complete eight hours of continuing education in accordance with this section prior to the renewal of the auction firm license under section 4707.10 of the Revised Code. (B)(1) ...

...r 4707.30 of the Revised Code; (2) An auction firm license that is issued under section 4707.074 of the Revised Code.

...ith this chapter, shall solely regulate auctioneers, auction firms, and the conduct of auction sales. By enactment of this chapter, it is the intent of the general assembly to preempt municipal corporations and other political subdivisions from the regulation and licensing of auctioneers, auction firms, and auction sales. At least twenty-four hours prior to an auction, the person licensed under this chapter to cond...

...applies for permission to operate as an auctioneer within this state shall file an irrevocable consent with the department of agriculture that suits and actions may be commenced against such applicant in any court of competent jurisdiction within this state by service of process upon the secretary of state. Said consent shall agree that the service of such process shall be held in all courts to be valid and binding ...

...(A) Each person licensed under this chapter shall have a definite place of business in this state. (B) If a licensee is a nonresident, it is not necessary for the licensee to maintain an active place of business within this state if the licensee maintains such a place of business in the state where the licensee is a resident.

...bid rigging" means a conspiracy between auctioneers, any participants in an auction, or any other persons who agree not to bid against each other at an auction or who otherwise conspire to decrease or increase the number or amounts of bids offered at auction.

...In lieu of suspending or revoking a license under section 4707.15 of the Revised Code, the department of agriculture may issue a written reprimand to any licensee who violates any provision of this chapter.

...(A) An auctioneer license or auction firm license is automatically suspended if the following apply, as applicable: (1) The director of agriculture determines that a licensed auctioneer has failed to complete the continuing education requirements established under section 4707.101 of the Revised Code. (2) The director determines the auction firm manager of a licensed auction firm has failed to complete the contin...

... person, investigate the actions of any auction firm or auctioneer, any applicant for an auction firm's or auctioneer's license, or any person who assumes to act in that capacity, if the complaint, together with other evidence presented in connection with it, makes out a prima-facie case. If the department determines that any such applicant is not entitled to receive a license, a license shall not be granted to the...