Kentucky Statutes 330.210 – Sale of horses by auction
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(1) Notwithstanding any contrary provisions of law and in furtherance of the policies set forth in KRS § 355.2-328, at any auction sale of horses, the auctioneer:
(a) May receive bids from the seller, consignor, or his agent, disclosed or undisclosed, if notice has been given in the terms and conditions governing the sale, or otherwise, that liberty for such bidding has been reserved by seller;
(b) Shall conduct the sale with respect to each lot or parcel on a with-reserve basis unless the seller has authorized the auctioneer, in writing, to conduct the sale on a without-reserve basis, in which event the auctioneer shall announce, in explicit terms, that the goods are being sold without reserve; and
(c) Shall not be required to announce at any with-reserve sale when the reserve is attained.
(2) Notwithstanding any other provision of this chapter, the following shall not apply to auctions or auctioneers participating in an auction regarding the sale, lease, or exchange of an equine as defined in KRS § 230.357(1):
(a) The advertising requirements set forth in KRS § 330.230(1), (2), and (7);
(b) The causes justifying disciplinary action set forth in KRS § 330.110(1)(l), (m), (n), and (o); or
(c) The provisions regulating absolute auctions and reserve auctions set forth in
KRS § 330.220(5) and (7).
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 24, sec. 4, effective July 14, 2022. — Amended
2009 Ky. Acts ch. 70, sec. 19, effective June 25, 2009. — Created 1990 Ky. Acts ch.
361, sec. 1, effective July 13, 1990.
(a) May receive bids from the seller, consignor, or his agent, disclosed or undisclosed, if notice has been given in the terms and conditions governing the sale, or otherwise, that liberty for such bidding has been reserved by seller;
Terms Used In Kentucky Statutes 330.210
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Auction: means any method of sale, lease, or exchange of real property, personal property, or any combination thereof, by means of competitively increasing or decreasing bids. See Kentucky Statutes 330.020
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(b) Shall conduct the sale with respect to each lot or parcel on a with-reserve basis unless the seller has authorized the auctioneer, in writing, to conduct the sale on a without-reserve basis, in which event the auctioneer shall announce, in explicit terms, that the goods are being sold without reserve; and
(c) Shall not be required to announce at any with-reserve sale when the reserve is attained.
(2) Notwithstanding any other provision of this chapter, the following shall not apply to auctions or auctioneers participating in an auction regarding the sale, lease, or exchange of an equine as defined in KRS § 230.357(1):
(a) The advertising requirements set forth in KRS § 330.230(1), (2), and (7);
(b) The causes justifying disciplinary action set forth in KRS § 330.110(1)(l), (m), (n), and (o); or
(c) The provisions regulating absolute auctions and reserve auctions set forth in
KRS § 330.220(5) and (7).
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 24, sec. 4, effective July 14, 2022. — Amended
2009 Ky. Acts ch. 70, sec. 19, effective June 25, 2009. — Created 1990 Ky. Acts ch.
361, sec. 1, effective July 13, 1990.