Auction; advertisement

The auctioneer must notify the competent authority of each auction two weeks before the planned auction date.

If you are auctioning unused goods, one of the following exceptions must apply:

• The goods originate from
  • an estate,
  • an insolvency estate or
  • a business closure or
• the goods are sold by public auction on the basis of a statutory provision (Section 383 (2) of the German Civil Code - BGB).

No notification is required for the auctioning of agricultural inventory, agricultural and forestry products or livestock.

The notification must be made no later than 14 days before the auction date. The date of receipt of your auction notice is decisive for compliance with this deadline.

In exceptional cases, in particular in the case of perishable auction goods, the authority may shorten the deadline upon application.

if this is not already available; the reason for the auction and the names/addresses of the parties commissioning the auction; assurance that the auction is not related to a sales event in terms of space or time. Exception: It is a clearance sale due to the closure of a business.

• § Section 3 Ordinance on Commercial Auctions (Auction Ordinance - VerstV)
• § Section 34b (1) of the Trade, Commerce and Industry Regulation Act (GewO)

The notification must be submitted in writing or electronically to the district administrative authority responsible for the auction location.

The following information and documents must be submitted:

• Details of the place and time of the auction,
• Designation of the product category,
• Declaration that only used goods are to be auctioned. If there is any doubt about this, you may be asked to provide appropriate evidence.
• License certificate for the auctioneer trade in accordance with Section 34 b (1) of the Trade, Commerce and Industry Regulation Act, if not already available.
• Indication of the place where the auctioned property is located until the day of the auction,
• Indication of viewing times.

The following additional information or documents are required for the auction of unused items:

• If it is a public auction: Proof of public appointment as auctioneer (Section 383 (3) of the German Civil Code - BGB).
• The reason for the auction and the names and addresses of the clients,
• Assurance that the auction is not connected in time or space with another sales event. Exception: It is a clearance sale due to business closure.

• Auctioneer trade; application for a license