Section Auc 503.01 - Advertising(a) It shall be a violation of these rules to advertise a bankruptcy sale unless the item(s) offered for sale, whether real or personal, are from an active bankruptcy action. Before conducting an auction as a bankruptcy sale the majority of the items in the sale shall come from the bankruptcy of one or more parties. Other items not related to or from a bankruptcy action may be sold with items from a bankruptcy action if specifically disclosed at or before the time of the auction.(b) It shall be a violation of these rules to advertise any auction using such descriptive words as "Urgent," "Emergency," "Distress", or any other word which connotes liquidation of assets or that the buyers will, for some extraordinary reason, be in a position to reap some unusual bargain without specifically disclosing, in the written advertisement in a print size equal to the descriptive word, the reason that the sale is "urgent," the nature of the "emergency," or the cause of the "distress".(c) It shall be a violation of these rules to advertise any auction using such descriptive words as "seized," "confiscated," "forfeited," or any other word which connotes a governmental action whereby items are seized or taken by a government department, agency, or board and released or sold or that the buyers will, for some governmental reason, be in a position to reap some unusual bargain without specifically disclosing, in the written advertisement in a print size equal to the descriptive word, the exact nature of the government action.(d) It shall be a violation of these rules to advertise any items as being from an "estate" or a "bankruptcy," or from an "urgent," "emergency," "distress," "seized," "confiscated," "forfeited," or similar sale, unless the consignor of the item(s) to be sold is the original owner of the item(s), the designated representative of the owner, or a federal, state or local department, agency or board charged with disposing of the item(s), and consigned the item(s) directly to the advertised sale.(e) It shall be a violation of these rules to: (1) Reference the U.C.C. or any other uniform act or federal or state law in any advertisement unless such act or law is required, by law, to be referenced;(2) Reference or mention any federal, state, or local department, agency, or board in any advertisement unless specifically required by law to do so or unless prior written approval is received from such department, agency or board; or(3) Otherwise connote in any advertisement that the auction is under the auspices of, at the direction of, or required by federal or state law or act or a federal, state, or local agency or board and that the buyers will, for some legal or governmental reason, be in a position to reap some unusual bargain.(f) It shall be a violation of these rules to advertise for sale items which the auctioneer/firm does not intend to offer for sale at the advertised auction.(g) It shall be a violation of these rules for an auctioneer or auction firm to permit its name or license number to appear on any advertisement for an auction without reviewing the contentN.H. Admin. Code § Auc 503.01
Derived From Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12201-B, Effective 6/7/2017, Expires 6/7/2027.