I.-When organising or conducting voluntary sales of furniture by public auction, the operators mentioned in article L. 321-4 act as agents for the owner of the property or its representative. The mandate shall be drawn up in writing.
Operators of voluntary sales of furniture by public auction mentioned in the same article L. 321-4 shall take all appropriate measures to ensure the security of the voluntary sales by public auction entrusted to them for their customers, in particular when they use other service providers to organise and carry out these sales. These service providers may neither purchase goods offered at these sales on their own account, nor sell goods belonging to them through the intermediary of the operators to whom they lend their services.
II.-Operators of voluntary sales of furniture by public auction mentioned in the same article L. 321-4 are not authorised to buy or sell directly or indirectly on their own account any movable property offered in the course of their activity, except in the case provided for in article L. 321-12 and in the event that they have acquired, after the sale by public auction, an item that they have adjudicated in order to put an end to a dispute that has arisen between the seller and the successful bidder. In the latter case, they are authorised to resell the property, including at public auction, provided that the advertisement clearly and unequivocally states that they are the owners.
This prohibition also applies to their employees as well as to the directors and partners in the case of a legal entity. Exceptionally, these employees, managers and partners as well as the operators mentioned in I of article L. 321-4 practising on an individual basis may, however, sell goods belonging to them at public auctions organised by the operator, provided that this is clearly and unequivocally stated in the advertising.
III.-.Apart from the case provided for in article L. 321-9, a person mentioned in I or II of article L. 321-4 may only proceed with the sale by mutual agreement of an item as the owner’s agent after having, prior to drawing up the sale mandate, duly informed the seller in writing of his option to have recourse to a voluntary sale by public auction. The mandate must be drawn up in writing and include an estimate of the property.