Yesterday I started a thread about Ohio HB321 which requires auctioneer or auction firm licenses for anyone who auctions items on the internet. I received confirmation this morning from the Department of Agriculture that this is true, however Gov. Dewine signed an bill that modifies HB321 slightly. (this doesn't come up anywhere online when searching for info about auctioneer licensing).
Anyone selling items for profit, over $10,000 gross, cannot sell auction items on Ebay without an auctioneer license. The agent specifically ignored my question about the Make Offer feature, which according to one comment by the Department of Agriculture, may also be considered auctions. I asked again and am waiting on an answer. Also, they have not answered whether individual employees of an auction firm must have auctioneer licenses to post auctions on ebay.
Congrats everyone, we're all crooks!
This is the text of the email I received:
Dear XXXXX,
HB 321 signed into law in June of 2022 and was effective September 13, 2022 defined online auctions and requires an auctioneer or auction firm license under Chapter 4707 of the Ohio Revised Code unless an individual meets an exemption found with in ORC 4707.02(B). The exemption for the owner of ones’ goods not requiring a license is for those individuals who acquire property without the intent to resell the property. If the property is acquired with the intent to resell, a license would be required or you would need to hire a licensed auctioneer or auction firm to conduct your auctions.
HB 507 – signed by the Governor on January 6, 2023, effective date April 6, 2023
- Exempts from auctioneer and auction firm licensure requirements a person who, in any calendar year, sells not more than $10,000 of personal property via an auction mediation company (for example, eBay) if:
- The auction mediation company provides fraud protection to the buyer; and
- The property is the person’s own personal property, or the property is the personal property of another (sold without compensation).
“Fixed price listings” or “buy it now pricing “ does not fall within the definition of an auction, and would not require a license under ORC Chapter 4707.
