Welcome, Guest. Please login or register.
July 03, 2009, 04:39:43 PM

Login with username, password and session length
Home Help Login Register
News:
We are a community of eCommerce sellers working to improve their businesses.
Whether you sell on Amazon, Etsy, eBay, eCRATER, BuyItSellIt, AuctivaCommerce, your own web site or any number of other venues, we're your source for top quality advice! We welcome everyone, from those just starting out to seasoned, online professionals.

Live Chat!         eCommerce Sellers' Motivators News Blog        eCommerce Sellers' Motivators Classified Ads

Bookmark and Share


Auction Sellers Motivators  |  Business Related Forums  |  * Everything eBay  |  Topic: URGENT!PA sellers may need Auctioneering license!Where next? 0 Members and 1 Guest are viewing this topic. « previous next »
Pages: [1] 2 3 4 5 Go Down Print
Author Topic: URGENT!PA sellers may need Auctioneering license!Where next?  (Read 1615 times)
TazFromPa
Excellent Encourager
**
Offline Offline

Gender: Male
Posts: 221



WWW
« on: November 20, 2007, 07:08:25 PM »

If you are in PA and do consignment listings you are required to have an auctioneering license! This is so  up. I do a small amount of consignments and cannot afford to have this hassle!This headline was in my local paper yesterday!" E-Bay traders warned they need a Pa. auctioneer’s license"
AP http://altoonamirror.com/page/content.detail/id/32465.html?isap=1&nav=757
Anyone else in PA please contact your legislators and voice your opinion on this. I have already done so. If this happens in PA where will they do it next?
ACTION NEEDED HERE!
« Last Edit: November 20, 2007, 07:10:43 PM by TazFromPa » Logged

biggfredd
Founding Member
Master Motivator
*****
Offline Offline

Gender: Male
Posts: 9144


Love this chatroom!


WWW
« Reply #1 on: November 20, 2007, 07:11:24 PM »

You are serving as an auctioneer, why shouldn't you need a license?
Logged

TazFromPa
Excellent Encourager
**
Offline Offline

Gender: Male
Posts: 221



WWW
« Reply #2 on: November 20, 2007, 07:18:01 PM »

eBay is the auctioneer I am the facilitator of the auction.eBay takes the bids and the commission therefore they are the auctioneer. An auctioneer is someone working for an auction service that is getting paid by commission. As an eBay seller we do not work for eBay I believe there is a difference and the cost of getting a license and going through the training. I do not need to be able to stand on a podium taking bids. Did you read the article about apprenticing under an auctioneer?Or you can go to school  for it in Harrisburg at a rather expensive price.
Logged

wahm922
Founding Member
Master Motivator
*****
Offline Offline

Gender: Female
Posts: 7128


« Reply #3 on: November 20, 2007, 07:21:51 PM »

You are serving as an auctioneer, why shouldn't you need a license?

So are you saying all ebay sellers should have an auctioneering license?  Do you have one?

I remember when I first started selling and applied for my tax cert here in Fl I didn't know what I was doing and I checked off Auctioneer on the application and got hit with some outrageous fee.  I ended up calling and finding out this was not the option I needed, selling online or on ebay does not make you an auctioneer, at least that's what the state told me.

Logged

ecoGorgeous.com save 15% w/ code "SALE"
------------------
Shop Amazon
TazFromPa
Excellent Encourager
**
Offline Offline

Gender: Male
Posts: 221



WWW
« Reply #4 on: November 20, 2007, 07:28:48 PM »

PA auction codes http://www.pacode.com/secure/data/049/chapter1/chap1toc.html
Educational requirements
http://www.pacode.com/secure/data/049/chapter1/s1.11.html
Quote
EDUCATIONAL REQUIREMENTS

§ 1.11. Approved course of study.

 (a)  The prescribed course of study in auctioneering shall consist of 20 credit hours of instruction in the areas of study set forth in subsection (c); the course shall be taken at schools approved by the Board.

 (b)  A credit hour of instruction is defined as 15 standard hours of instruction, each of which is composed of 50 minutes.

 (c)  The 20 credit hours shall consist of the following areas of study:

   (1)  Audience communications.

   (2)  Procurement of merchandise for auction.

   (3)  Appraisal.

   (4)  Auction law.

   (5)  Preparation for auction.

   (6)  Conducting an auction.

 (d)  Credit will only be given for a course of study which has been approved by the Board. A school may make application to the Board for course approval in writing upon a form provided by the Board.

 (e)  Credit for a course which is not included in the prescribed course of study will be considered by the Board on an individual basis, provided the course meets all the requirements of this section.

 (f)  An applicant for licensure shall submit an official transcript of coursework to prove acquisition of credits.
Come on biggfredd do you really think everyone should go to school for 300 hours to POST auctions on eBay. Either that or you can serve as an apprentice for 18 months!
Logged

TazFromPa
Excellent Encourager
**
Offline Offline

Gender: Male
Posts: 221



WWW
« Reply #5 on: November 20, 2007, 07:33:51 PM »

Hi wahm922 my point exactly. In PA you can post your own stuff but if it is consignment items they require licensing. Consignment while you are collecting a sellers fee is different from an Auctioneers fee. I maintain my position as being a facilitator to eBays auction portal, in no way to be construed as an auctioneer.I have not even checked the yearly fees to be an auctioneer and hope I do not have to
Logged

biggfredd
Founding Member
Master Motivator
*****
Offline Offline

Gender: Male
Posts: 9144


Love this chatroom!


WWW
« Reply #6 on: November 20, 2007, 07:43:45 PM »

eBay is the auctioneer I am the facilitator of the auction.eBay takes the bids and the commission therefore they are the auctioneer. An auctioneer is someone working for an auction service that is getting paid by commission. As an eBay seller we do not work for eBay I believe there is a difference and the cost of getting a license and going through the training. I do not need to be able to stand on a podium taking bids. Did you read the article about apprenticing under an auctioneer?Or you can go to school  for it in Harrisburg at a rather expensive price.

You are accepting the goods for sale, not ebaY.  EbAy is providing you a hall to run your auction in.

If you're not getting a commission, why are you selling for others?
Logged

biggfredd
Founding Member
Master Motivator
*****
Offline Offline

Gender: Male
Posts: 9144


Love this chatroom!


WWW
« Reply #7 on: November 20, 2007, 07:45:15 PM »

So are you saying all ebay sellers should have an auctioneering license?  Do you have one?

No I don't, nor do I act as an auctioneer for others.  I'm selling my own stuff.
Logged

biggfredd
Founding Member
Master Motivator
*****
Offline Offline

Gender: Male
Posts: 9144


Love this chatroom!


WWW
« Reply #8 on: November 20, 2007, 07:49:03 PM »

Come on biggfredd do you really think everyone should go to school for 300 hours to POST auctions on eBay. Either that or you can serve as an apprentice for 18 months!

You're not just posting auctions on ebaY.  You're accepting consignments from others and auctioneering them on their behalf.

Please explain how what you are doing is any different from any other auctioneer accepting an estate and auctioneering it on behalf of the family.

If it's worth listing, buy it.  If it's not, don't mess with it.  Then there's no question whether you're an auctioneer.
Logged

TazFromPa
Excellent Encourager
**
Offline Offline

Gender: Male
Posts: 221



WWW
« Reply #9 on: November 20, 2007, 07:51:42 PM »

BiggFredd I am not here to argue but perhaps if you read my post prior to yours you would have seen the difference!
Quote
Hi wahm922 my point exactly. In PA you can post your own stuff but if it is consignment items they require licensing. Consignment while you are collecting a sellers fee is different from an Auctioneers fee. I maintain my position as being a facilitator to eBays auction portal, in no way to be construed as an auctioneer.I have not even checked the yearly fees to be an auctioneer and hope I do not have to
I am not some fool posting other peoples stuff to eBay for free and I resent the implication that I am. I am the consignee who is posting to the Auction portal eBay. Once that is done I have nothing to do with the item being bid on as that is facilitated by eBay as you should be aware!
Logged

biggfredd
Founding Member
Master Motivator
*****
Offline Offline

Gender: Male
Posts: 9144


Love this chatroom!


WWW
« Reply #10 on: November 20, 2007, 07:52:07 PM »

Hi wahm922 my point exactly. In PA you can post your own stuff but if it is consignment items they require licensing. Consignment while you are collecting a sellers fee is different from an Auctioneers fee. I maintain my position as being a facilitator to eBays auction portal, in no way to be construed as an auctioneer.I have not even checked the yearly fees to be an auctioneer and hope I do not have to

Really?  What's the difference?  That you gave it a different name?

That's like all these MLM programs that explain that they're not pyramids because they call their pyramids "legs" or something else.
Logged

biggfredd
Founding Member
Master Motivator
*****
Offline Offline

Gender: Male
Posts: 9144


Love this chatroom!


WWW
« Reply #11 on: November 20, 2007, 07:56:26 PM »

I am not some fool posting other peoples stuff to eBay for free and I resent the implication that I am. I am the consignee who is posting to the Auction portal eBay. Once that is done I have nothing to do with the item being bid on as that is facilitated by eBay as you should be aware!
You are either my employee selling my stuff for me (which opens up another can of worms), or you are auctioning stuff on my behalf and charging me a commission (since you admit you're not doing this for free).

If the latter, you're an auctioneer.

If you are the consignee, then you are in exactly the same position as any other auctioneer who accepts consignments.  Step back from the emotions of someone taking money out of your pocket and look at the mechanics.  You have yet to explain how what you are doing is different from what any other auctioneer does.
Logged

BTPS
Service Provider
Master Motivator
*****
Offline Offline

Posts: 5503



WWW
« Reply #12 on: November 20, 2007, 07:58:35 PM »

Back in 1999 when I first was looking into selling on ebay FOR MYSELF Colorado laws wording was so strange that I called the District Attorney's office and asked if I need an auctioneer license to sell on ebay.  They said as long as I am selling for myself - no I didn't need one BUT if I sell for others I am required by law to have an auctioneer license.

Cars are different - selling a car for someone requires a car dealers license.  However, if the ad is worded correctly and states that I am only the listing agent I can list cars.  Money can not be paid to me at all except by the person contracting me to create the listing.  All monies have to be between buyer and seller - not the listing agent.

My last contact with the DA's office in regard to doing consignment job turned out to be that if I do not collect any monies from the buyer and that is left between the buyer and the seller and I act only as the listing service getting paid by the seller - not deducting my fees from any pwyment made by the buyer - then I don't need an auctioneer license BUT if I list it, sell it, collect the money and then pay the seller  YES by Colorado law I am required to have an auctioneer license.

So PA isn't the only state with this law.  
Check into being a listing agent and not a consignment seller.  You get your money all upfront from the seller and the seller deals with the buyers.  That's how it has to work here anyways.

« Last Edit: November 20, 2007, 08:01:06 PM by BTPS » Logged

NOTHING I sell is intended for use by anyone under 13 or anyone without COMMON SENSE!!!
EXPOSE YOURSELF - www.BusinessesGrowingTogether.com
Currently operating 22 online stores - not enough space to post them all here, lol
TazFromPa
Excellent Encourager
**
Offline Offline

Gender: Male
Posts: 221



WWW
« Reply #13 on: November 20, 2007, 08:13:18 PM »

I still maintain the position I am not an auctioneer and I feel that anyone who looks objectively at this will see my point. Bureaucracy is trying to change the definition to suit there needs. If I take an item on consignment to sell it in a store I am not an auctioneer.I really do not want to debate semantics.
Quote
Consignment Sale:

For consignment sales, the dealer and seller arrive at a net figure which the seller realizes when the item is sold. The only charge incurred by the seller is the sales commission which, generally speaking, is about 20-25%. All other costs associated with marketing the item, including photography, insurance, shipping, advertising, and printed materials, are absorbed by the dealer in the ordinary course of business. The only expenses the seller pays for are those necessary for restoration and framing, which allow an item to be offered "retail ready". The dealer usually advances these costs, and deducts the expenses from the proceeds when the item is sold. In the rare instance a work is returned to its owner unsold, these expenses would be billed to the owner at cost.

Consignment contracts generally run from 6 months to a year, and are renewable by mutual consent. The main reason sellers choose consignment is the slightly higher net proceeds they can expect to receive for their item when it is sold. The reason for the differential in net amounts between outright sale and consignment sale is that the dealer making an immediate purchase must factor in the time cost of the capital outlay, which is not applicable when selling an item on consignment.



auc·tion  (ôkshn)
n.
1. A public sale in which property or items of merchandise are sold to the highest bidder.

con·sign·ment  (kn-snmnt)
n.
1. The act of consigning.
2. Something consigned.

Auctioneer
The person who conducts an auction. The auctioneer introduces each lot offered for sale, acknowledges bids, and announces whether lots are sold or unsold and their final bid prices.
I do not acknowledge bids,announce whether lots are sold(eBay sends me an email and the winning bidder) and lets me know the final bid price. Technically speaking you could say I do introduce the item only inasmuch as I am taking it to the eBay auction portal and posting it.
Hmm does that mean if you drop goods off at the Auction House down the road you need to have an auctioneers license?
« Last Edit: November 20, 2007, 08:20:39 PM by TazFromPa » Logged

TazFromPa
Excellent Encourager
**
Offline Offline

Gender: Male
Posts: 221



WWW
« Reply #14 on: November 20, 2007, 08:27:35 PM »

BTPS how do you keep from collecting the money? Only accept money orders mailed to the seller? if so where does eBays so called flimsy buyer and seller protection end up?
it would seem to me that you lose all of that. Am I mssing something here in what you are trying to explain?
Logged

BTPS
Service Provider
Master Motivator
*****
Offline Offline

Posts: 5503



WWW
« Reply #15 on: November 20, 2007, 08:42:16 PM »

I get paid UPFRONT whether their is a buyer or not.  The payment from the buyer goes to their PayPal account or their mailing address if it's a money order.  I do not get in the middle of payments.

The buyer/seller protections is just that - it's between the buyer and the seller --- I am not either, I am the listing service.  I am contracted to create the listing - sometimes under my id since my feedback is well into the thousands, sometimes on their id if that's whatever they want.  IF on my id, I take the item from the time the contact is signed, I ship it etc. They must have a business PayPal account and add me as a multiple user so I see ONLY what I need and once the deal is done, I am removed. I have limited paypal ability on their account - all I need to do is see they got the payment.  If it's on there id, they keep it - I simple take pics, write the listing and send it to them - they list it, they ship it etc.  I been paid at the time the contact is signed.
When I ship it, it even has their return address not mine.
I would imagine those that I list on MY ebay account could probably fall into I am the auctioneer - BUT the money goes to their PayPal not mine! I never touch the money. Especially on a car! 


Logged

NOTHING I sell is intended for use by anyone under 13 or anyone without COMMON SENSE!!!
EXPOSE YOURSELF - www.BusinessesGrowingTogether.com
Currently operating 22 online stores - not enough space to post them all here, lol
TazFromPa
Excellent Encourager
**
Offline Offline

Gender: Male
Posts: 221



WWW
« Reply #16 on: November 20, 2007, 08:57:30 PM »

This is  from auctionbytes April 23 rd
Quote
"Pennsylvania Latest Battleground in eBay Consignment-Sales Regulation"
http://www.auctionbytes.com/cab/abn/y07/m04/i23/s02

This is from Call 4 Action: E-Bay Traders Warned They Need Pa. Auctioneer's License

POSTED: 3:42 pm EST November 19, 2007
UPDATED: 5:12 pm EST November 19, 2007 http://www.thepittsburghchannel.com/news/14641439/detail.html
Quote
"The bureaucracy, and those special interests that are encouraging the bureaucracy, are lacking in common sense," Wonderling said.

"That is silly if that is the law," said Gov. Ed Rendell. "We should change it. I do not want Pennsylvanians to be handicapped and not be able to sell on eBay when people in West Virginia can."


Even the Governor thinks it is stupid
« Last Edit: November 20, 2007, 09:00:44 PM by TazFromPa » Logged

biggfredd
Founding Member
Master Motivator
*****
Offline Offline

Gender: Male
Posts: 9144


Love this chatroom!


WWW
« Reply #17 on: November 20, 2007, 09:14:42 PM »

If I take an item on consignment to sell it in a store I am not an auctioneer.

Of course not, you're not selling it at auction.  But you damn well better have a license to make retail sales.

Quote
Hmm does that mean if you drop goods off at the Auction House down the road you need to have an auctioneers license?

Of course not, but the auction house who accepts the consignments (same as you're doing) better have one.
« Last Edit: November 20, 2007, 09:18:56 PM by biggfredd » Logged

biggfredd
Founding Member
Master Motivator
*****
Offline Offline

Gender: Male
Posts: 9144


Love this chatroom!


WWW
« Reply #18 on: November 20, 2007, 09:17:55 PM »

Quote
"That is silly if that is the law," said Gov. Ed Rendell. "We should change it. I do not want Pennsylvanians to be handicapped and not be able to sell on eBay when people in West Virginia can."


Even the Governor thinks it is stupid

I think your governor is stupid.  Nothing is preventing PA from selling on ebaY, only from accepting consignments from others and acting as an auctioneer without a license.
Logged

TazFromPa
Excellent Encourager
**
Offline Offline

Gender: Male
Posts: 221



WWW
« Reply #19 on: November 20, 2007, 09:21:47 PM »

I enjoy a good debate BiggFredd but this one is going nowhere.  whatever??We are both stuck in our opinions and I see nothing will change yours as nothing will change mine
Have a great one Smiley
BTW BiggFredd are you a Republican?
« Last Edit: November 20, 2007, 09:26:46 PM by TazFromPa » Logged

Pages: [1] 2 3 4 5 Go Up Print 
Auction Sellers Motivators  |  Business Related Forums  |  * Everything eBay  |  Topic: URGENT!PA sellers may need Auctioneering license!Where next? « previous next »
Jump to:  


Login with username, password and session length

Powered by MySQL Powered by PHP Powered by SMF 1.1.3 | SMF © 2006-2007, Simple Machines LLC Valid XHTML 1.0! Valid CSS!
Page created in 0.161 seconds with 21 queries.