Subsection 1: Judicial auctioneers

The provisions of this Title apply to judicial auctioneers and other public or ministerial officers selling movable property, with the exception of those of paragraph 1 of sub-section 1 of section 2 as regards notaries and bailiffs who perform these functions pursuant to 3° of the article 1 of the law of 1 June 1924 introducing French commercial laws into the departments of Bas-Rhin, Haut-Rhin and Moselle.

Where two or more judicial auctioneers intervene in the same auction or sale, no additional remuneration shall be due by the parties; the sharing of emoluments, excluding discounts, shall be done in accordance with the rules laid down by the judicial auctioneers section of the Chambre nationale des commissaires de justice. The discount respectively granted by each intervener shall, where applicable, be deducted from the share due to him pursuant…

When the judicial auctioneer is appointed for an expert mission by a court, his fees are set in accordance with the rules applicable to the remuneration of experts.

It is forbidden for judicial auctioneers, under penalty of disciplinary sanction, to share their emoluments with a third party or to accept that a third party remit to them all or part of the remuneration received by him.

The transport of furniture between the seller’s or buyer’s home and the auction room may not be undertaken either directly or indirectly by judicial auctioneers.

The sales report must mention before the start of the sale all items specified in catalogues and other advertising documents or exhibited as to be put up for sale and withdrawn from the sale; the reason for withdrawal is indicated. All items put up for sale are mentioned in the minutes as they are put up for sale, with an indication of the name and address declared by the buyer;…

Judicial auctioneers shall declare to the disciplinary chamber each quarter the number of sales carried out and the amount of each sale. A judicial auctioneer who combines his duties with those of a bailiff must make the declaration mentioned in the first paragraph to the chamber of discipline of judicial auctioneers.