The auction of other people's movable property, other people's land or other people's rights is subject to permission. Movable property also includes fruit on the stalk and wood on the trunk.
The auctioneer is generally subject to certain prohibitions, e.g. he may not himself or through another bid for himself at his auctions or purchase auction goods entrusted to him or auction movable goods from among the goods he carries in his commercial business, unless this is customary.
Furthermore, the auctioneer is subject to the requirements of the Auctioneer Ordinance (VerstV) when carrying out his trade, e.g. he must
- prepare a list of the items to be auctioned at the latest two weeks before the auction, in which the items to be auctioned from each client are to be uniformly identified
- notify the competent authority and the chamber of industry and commerce in whose district the auction is to be held in writing of each auction at least two weeks before the planned auction date, stating the place and time of the auction and the type of goods to be auctioned off
- give an opportunity to inspect the goods to be auctioned for a period of at least two hours
- keep a record of each auction order and its execution.
In the case of partnerships, the trader is any managing partner; in the case of legal entities, the permission is granted to the legal entity.
Particularly competent auctioneers other than legal entities may be publicly appointed by the competent authority (see under "Related Topics").
The authorities have rights of information and inspection vis-à-vis traders. At the request of the authorities, the persons concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and surveys.
In addition to obtaining the permit, the trade must be notified to the relevant municipality.