Chapter V Legal Responsibilities and Responsibilities
Article 58 If the trustor violates the provisions of Article 6 of this Law and entrusts the auction of articles or property rights that he has no ownership or cannot dispose of according to law.
Take responsibility according to law. If the auctioneer knows that the trustee has no ownership of the auctioned articles or property rights or cannot dispose of them according to law, he shall bear the company's responsibility.
With responsibility.
Article 59 If a state organ violates the provisions of Article 9 of this Law, it shall entrust the people's government of the province, autonomous region or municipality directly under the Central Government where the property is located or established.
Unauthorized disposal of the items auctioned by the auctioneer designated by the district or municipal people's government, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
If administrative punishment causes losses to the state, it shall also be liable for compensation.
Article 60 Whoever, in violation of the provisions of Article 11 of this Law, establishes an auction enterprise without approval shall be banned by the administrative department for industry and commerce, and his illegal income shall be confiscated.
Law income, and may impose a fine of not less than one time but not more than five times the illegal income.
Article 61 If an auctioneer or trustee violates the provisions of Article 18, paragraph 2, and Article 26 of this Law and fails to explain the defects of the auction target, he shall deliver the auction target to the buyer.
If the damage is caused by the auctioneer, the buyer has the right to claim compensation from the auctioneer; If it is the responsibility of the client, the auctioneer has the right to recover from the client. Auctioneers and customers
If it is stated before the auction that the authenticity or quality of the auction target cannot be guaranteed, it shall not be liable for the guarantee of defects. No request is made because there are defects in the auction target.
The limitation of action for compensation is one year, counting from the day when the parties know or should know that their rights have been damaged. The person caused by the defect of the auction target.
During the limitation period of claims for personal and property damages, the relevant provisions of People's Republic of China (PRC) Product Quality Law and other laws shall apply.
Article 62 If an auctioneer and his staff violate the provisions of Article 22 of this Law and participate in bidding or entrust others to bid on his behalf, ICBC shall
The administrative department shall give a warning to the auctioneer and may impose a fine of not less than one time but not more than three times the auction commission; If the circumstances are serious, the business license shall be revoked.
Article 63 If an auctioneer, in violation of the provisions of Article 23 of this Law, auctions articles or property rights in the auction activities organized by himself,
The auction proceeds shall be confiscated by the administrative department for industry and commerce.
Article 64 If a client participates in bidding or entrusts others to bid on his behalf in violation of the provisions of Article 30 of this Law, the administrative department for industry and commerce may make a decision.
Impose a fine of less than 30% of the auction transaction price on the client.
Article 65 Whoever, in violation of the provisions of Article 37 of this Law, maliciously colludes among bidders or between bidders and auctioneers; Cause harm to others,
If the auction is invalid, it shall be liable for compensation according to law. It is recognized by the administrative department for industry and commerce that the bidder who participates in malicious collusion should pay more than 10% of the highest price.
A fine of not more than thirty; An auctioneer who participates in malicious collusion shall be fined from 0% to 50% of the highest bid/kloc-0.
Article 66 Where a commission is collected in violation of the provisions of Section 4 of Chapter IV of this Law on the proportion of commission, the auctioneer shall return the excess to the client and purchase it.
By someone else. The price department may impose a fine of not less than one time but not more than five times the auction commission on the auctioneer.