§ 37:3125 — Payments and accounts

§3125. Payments and accounts
A. All funds derived from an auction sale paid to an auctioneer
licensed in this state or to a person, corporation, firm or combination thereof
which conducted the sale, shall be deposited in one or more identifiable bank
accounts maintained in the state in which the auctioneer is situated and no
funds belonging to the auctioneer shall be deposited therein except as follows:
(1) Funds reasonably sufficient to pay bank charges may be deposited
therein.
(2) Funds belonging in part to the person who employs the auctioneer
and in part to the auctioneer must be deposited therein, but the portion
belonging to the auctioneer may be withdrawn when due unless the right of the
auctioneer to receive it is disputed by the person who employs the auctioneer,
in which event the disputed portion shall not be withdrawn until the dispute is
finally resolved.
B. Every auctioneer shall pay the consignor within thirty days from the
receipt of funds, or within sixty days from the date of sale at auction,
whichever is lesser,* or alternatively return to the consignor by that time, all
property purchased but not yet paid for, except as provided in Paragraph (A)(2)
of this Section, and render a full account of all sales and all property entrusted
to him for sale by anyone employing his services whenever the owner of such
money or property demands an accounting. Each auctioneer, surety on his
bond, and auction house shall be liable in solido to the owner of goods thereof
for all money and property coming into the auctioneer's hands or the hands of
the auction house which is unaccounted for.
*As appears in enrolled bill.

Legislative History

Acts 1983, No. 508, §1; Acts 1986, No. 564, §4, eff. July 2, 1986; Acts 1986, No. 566, §1, eff. July 2, 1986; Acts 1993, No. 584, §1; Acts 1997, No. 923, §1.