Sun Dec 2, 2007 11:58PM EST
See Comments (6)
An old state law is coming back to haunt a few of the residents of Pennsylvania: If you sell the belongings of another person, you are required to have an auctioneer's license. The state issues them as part of a monumentally exhaustive process that can take months and possibly require a formal apprenticeship.
Sure, it sounds like one of those laws that no one ever enforces (like how you're supposed to pay the sales tax for items you buy from other states), but this is getting serious attention from state investigators. Two people have already been investigated and are now awaiting hearings, where they could each be fined a minimum of $1,000 for operating web auctions without a license.
One important distinction: The license is only required for those who sell other people's goods (like those who operate "sell my stuff on eBay" services) and not people selling their own old junk. The state stands by the law, saying it's for the protection of consumers who buy from such resellers. (However, a Senate bill being considered could waive the licensing requirement for online resellers.)
Such licensing feels awfully double-edged. On one hand, I can appreciate the state is attempting to protect shoppers, but on the other hand, I can't imagine this requirement actually does any good at all. Surely people claiming to be selling their own goods represent the lion's share of fraudulent transactions on eBay, and would merely having a license really stop someone from running a scam, anyway?
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6 Posted by mbarton888 on Thu Sep 3, 2009 7:12PM EDT Report Abuse
I fail to see what the problem is with this law. Surely someone intending to do a volume business in re-selling other peoples property ought to have some education in ethics, and the law, to help them do a good job of it. It may be that the existing licensing focusses on some live-auction skills which are irrelevant to an ebay setup, but hopefully a state licensing bureau is capable of adapting curriculum.