{"data":{"id":"us-ky/krs-330.230","jurisdiction":"us-ky","citation":"KRS 330.230","heading":"Auction advertising.","body":"(1) Any advertising pertaining to an auction shall include the name of the managing\nprincipal auctioneer for the auction and indicate that he or she is an auctioneer,\nexcept that any advertising pertaining to an auction conducted at an auction house\noperated by a licensed auction house operator shall include the name of the auction\nhouse operator and indicate that he or she is an auction house operator or \"AHO.\"\nThe advertising requirements in this subsection shall not apply to directional signs if\na sign with the name of the managing principal auctioneer for the auction or the\nauction house operator is placed so that it can be easily observed and clearly read by\nanyone entering the auction site.\n(2) The existence and amount of any buyer's fee or buyer's premium  shall be clearly\ndisclosed in all terms and conditions included in any advertisements for a particular\nauction and in all terms and conditions presented or made available prior to the start\nof a particular auction.\n(3) (a) An auction shall not be advertis ed as \"Court Ordered\" or use similar wording\nimplying court action unless:\n1.  At least seventy -five percent (75%) of the items or lots in the auction\nare being offered pursuant to one (1) or more federal, state, or local court\norders; and\n2. The items or lots were clearly not purchased or attained for the purpose\nof resale at auction.\n(b) The advertising shall clearly contain an explanation of the court order\nincluding identification of the court.\n(c) If less than one hundred percent (100%) of the items or  lots being offered at\nthe auction are pursuant to one (1) or more court orders, then the advertising\nshall clearly indicate that the auction is \"With Additions\" or use similar\nwording.\n(d) This subsection shall not prohibit clear, nonmisleading advertisin g of the\ninclusion of specific real or personal property being offered pursuant to a\nfederal, state, or local court order in an auction if that real or personal property\nis offered pursuant to a federal, state, or local court order and was clearly not\npurchased or attained for the purpose of resale at auction.\n(4) (a) An auction shall not be advertised as a \"Bankruptcy Auction\" or \"Items from\nBankruptcy\" or use similar wording or any combination thereof unless:\n1. The auction consists of at least seventy -five percent (75%) of items or\nlots to be offered for one (1) or more open and working bankruptcies\nunder the jurisdiction of the United States Bankruptcy Court;\n2. The items or lots were clearly not purchased or attained for the purpose\nof resale at auction; and\n3. The advertising clearly includes the United States Bankruptcy Court\ncase number or numbers.\n(b) If less than one hundred percent (100%) of the items or lots being offered at\nthe auction are for  one (1) or more bankruptcies, then the advertising shall\nclearly indicate that the auction is \"With Additions\" or use similar wording.\n(c) This subsection shall not prohibit clear, nonmisleading advertising of the\ninclusion of specific real or personal pr operty being offered for a bankruptcy\nin an auction if that real or personal property is being offered for one (1) or\nmore open and working bankruptcies under the jurisdiction of the United\nStates Bankruptcy Court, was not purchased or attained for the pur pose of\nresale at auction, and the advertising clearly includes the United States\nBankruptcy Court case number or numbers.\n(5) (a) An auction shall not be advertised as a \"Seized Property Auction,\"\n\"Confiscated Property Auction,\" or \"Forfeiture Property Au ction\" or utilize\nsimilar wording or any combination thereof implying governmental action\nunless:\n1. The auction contains at least seventy -five percent (75%) of the items or\nlots to be offered pursuant to one (1) or more federal, state, or local\ngovernmental actions in which the real or personal property is being\noffered directly for the federal, state, or local governmental entity;\n2. The items or lots were clearly not purchased or attained for the purpose\nof resale at auction; and\n3. The advertising clear ly contains an explanation of the governmental\naction, including identification of the governmental entity.\n(b) If less than one hundred percent (100%) of the items or lots being offered at\nthe auction are from one (1) or more governmental actions, then th e\nadvertising shall clearly indicate that the auction is \"With Additions\" or use\nsimilar wording.\n(c) This subsection shall not prohibit clear, nonmisleading advertising of the\ninclusion of specific real or personal property being offered pursuant to a\nfederal, state, or local governmental action in an auction if the real or personal\nproperty is offered directly for a federal, state, or local governmental entity\nand was clearly not purchased or attained for the purpose of resale at auction.\n(6) (a) An aucti on shall not be advertised as a \"Liquidation Auction,\" \"Surplus\nAuction,\" \"Inventory Reduction Auction,\" or \"Going Out of Business\nAuction\" or use similar wording or any combination thereof unless:\n1. The auction contains at least seventy -five percent (75%) of the items or\nlots to be offered for one (1) or more liquidation, surplus, inventory\nreduction, or going out of business situations in which the real or\npersonal property belongs to a company or other business entity and is\nbeing offered as \"out of stock\"; and\n2. The items or lots were clearly not purchased or attained for the purpose\nof resale at auction.\n(b) If less than one hundred percent (100%) of the items or lots being offered at\nthe auction are from one (1) or more liquidation, surplus, inventor y reduction,\nor going out of business situations, then the advertising shall clearly indicate\nthat the auction is \"With Additions\" or use similar wording.\n(c) This subsection shall not prohibit clear, nonmisleading advertising of the\ninclusion of specific real or personal property being offered for a liquidation,\nsurplus, inventory reduction, or going out of business situation, or similar\nwording or any combination thereof, in an auction if the real or personal\nproperty is being offered for a liquidation, s urplus, inventory reduction, or\ngoing out of business situation in which the real or personal property belongs\nto a company or other business entity, is being offered as \"out of stock,\" and\nwas clearly not purchased or attained for the purpose of resale at auction.\n(7) (a) An auction shall not be advertised as an \"Estate Auction,\" \"Estate Settlement,\"\nor \"To Settle the Estate of ... Auction\" or use similar wording or any\ncombination thereof unless:\n1. At least seventy-five percent (75%) of the items or lots in the auction are\nbeing offered for one (1) or more estates in which the real or personal\nproperty belongs to the estate of one (1) or more deceased persons and is\nbeing offered by the direction and authority of the authorized executor or\nadministrator, or by court order, or by the direction and authority of one\n(1) or more direct heirs; and\n2. The items or lots were clearly not purchased or attained for the purpose\nof resale at auction.\n(b) If less than one hundred percent (100%) of the items or lots bei ng offered at\nthe auction are from one (1) or more estates, then the advertising shall clearly\nindicate that the auction is \"With Additions\" or use similar wording.\n(c) This subsection shall not prohibit clear, nonmisleading advertising of the\ninclusion of real or personal property offered for an estate in an auction if the\nreal or personal property is being offered for an estate as set forth in this\nsubsection.\n(8) (a) An auction shall not be advertised as a \"Living Estate Auction\" or \"To Settle\nthe Living Estate of ... Auction\" or use similar wording or any combination\nthereof unless:\n1. At least seventy-five percent (75%) of the items or lots in the auction are\nbeing offered for one (1) or more living estates in which the real or\npersonal property belongs  to a household that is in transition due to a\nlife-changing situation, including but not limited to one (1) or more\nmembers of the household moving into a retirement home, nursing\nhome, or assisted living home or combining the household with another;\nand\n2. The items or lots were clearly not purchased or attained for the purpose\nof resale at auction.\n(b) If less than one hundred percent (100%) of the items or lots being offered at\nthe auction are from one (1) or more living estates, then the advertising sh all\nclearly indicate that the auction is \"With Additions\" or use similar wording.\n(c) This subsection shall not prohibit clear, nonmisleading advertising of the\ninclusion of real or personal property being offered for a living estate in an\nauction if the r eal or personal property is being offered for a living estate\npursuant to this subsection.","path":["KRS Chapter 330"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=31803","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:22Z","sha256":"fc84dbe962323fc53e6bec7abebe64e212956a159fa5fb2fa84a048ed35dbb23","source_id":"us-ky","stale":false,"prev":"us-ky/krs-330.220","next":"us-ky/krs-330.990"},"notice":"GroundRules: Original legal text. Not legal advice."}