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Texas Administrative Code Regarding Some Pertinent Provisions For Coin Auctions

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  • MrEurekaMrEureka Posts: 24,668 ✭✭✭✭✭
    OK, I read it. Is there a point?
    Andy Lustig

    Doggedly collecting coins of the Central American Republic.

    Visit the Society of US Pattern Collectors at USPatterns.com.
  • Just to let consumers know what (some of) their rights are and what (some of) auctioneers' responsibilities are.

    Some may find it dry but I find it an interesting read. image
  • 19Lyds19Lyds Posts: 26,502 ✭✭✭✭
    Give it up Roger!

    (e) Before beginning an auction, a licensee must announce, give notice, display notice and/or disclose:

    (1) that the auctioneer conducting the sale is licensed by the department;

    (2) the terms and conditions of the sale including whether a buyer's premium will be assessed; and

    (3) if the owner, consignor, or agent thereof has reserved the right to bid.

    They've already stated that N.P.Gresham is used to buy items in their own auctions which they have the right to do.
    I decided to change calling the bathroom the John and renamed it the Jim. I feel so much better saying I went to the Jim this morning.



    The name is LEE!
  • JCMhoustonJCMhouston Posts: 5,306 ✭✭✭
    And all of the catalogs I have ever recieved form them state in the terms that Heritage or it's employees may bid on any item in the auction.
  • WoozyWoozy Posts: 27 ✭✭
    (d) A licensee may not knowingly use, or permit the use of, false bidders, cappers, or shills at any auction.

    Say N.P.Gresham is the underbidder on a lot. Would that make it a shill bid or would it be enough for Heritage to argue that they were making a good faith effort to win the lot?

    Clearly under section (e) they have the right to bid on lots in their auctions, but clearly under section (d) they do not have the right to shill bid. How do you determine when a bid is an honest bid and when it is a shill? Either way all this bidding on their own lots seems fishy to me, but I gather it's par for the course with coin auction venues.
  • Lee,

    SINCE YOU BROUGHT IT UP I'LL GIVE YOU THE COURTESY OF A RESPONSE:

    With all due respect. By their own admission they used a false bidder. True, those willing to excuse that breach would argue that that was a procedural violation as opposed to an egregious one and simultaneously ascribe no ill intent.

    What is even more troubling (& potentially damaging) is the following:

    Let's say for a particular item the bid increments are $100. Say the highest REAL bid from a REAL non-FALSE BIDDER bona fide arms length third party unassociated person (RNF BB FAL T PUP) is $1000. Let's say you then submit your max bid of $2,000. Now what if, WITH FULL KNOWLEDGE OF YOUR MAX, good old FALSE BIDDER puts a bid in of $1,900 & you pay your max (or not too be too greedy puts a bid in of $1,400 & you pay $1,500).

    Are you actually telling me that you'd still be happy just because you won the item at or below your max & THAT THIS ACTION WOULD NOT BE CRIMINAL?

    I've heard NOTHING indicating such a scenario neither ever existed nor could it have due to whatever consumer safeguards were in place to make sure it didn't happen. Have you?

    Greed is an infectious thing and I just do not believe they rained theirs in and didn't take advantage of people in this way. Sorry to be so cynical.
  • StaircoinsStaircoins Posts: 2,590 ✭✭✭✭

    +1

  • FullStepJeffsFullStepJeffs Posts: 1,874 ✭✭✭
    image



    The only question I have is... how would a bidder know if a shill was bid when the potential bidders are unknown by other bidders on Heritage?

    I'm sure most auction houses do this to some degree... the proverbial hand got caught in the cookie jar this time.

    Steve
    U.S. Air Force Security Forces Retired

    In memory of the USAF Security Forces lost: A1C Elizabeth N. Jacobson, 9/28/05; SSgt Brian McElroy, 1/22/06; TSgt Jason Norton, 1/22/06; A1C Lee Chavis, 10/14/06; SSgt John Self, 5/14/07; A1C Jason Nathan, 6/23/07; SSgt Travis Griffin, 4/3/08; 1Lt Joseph Helton, 9/8/09; SrA Nicholas J. Alden, 3/3/2011. God Bless them and all those who have lost loved ones in this war. I will never forget their loss.
  • Bayard1908Bayard1908 Posts: 4,176 ✭✭✭✭
    I didn't see a private right of action explicitly stated. Does someone, other than the state of Texas, have standing to sue for an alleged violation?

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