Rare Book Monthly

Articles - April - 2010 Issue

New York State Considers (Weakened) Auction Regulations

Richardbrodsky

Assemblyman Richard Brodsky submitted New York's auction reform bill.


By Michael Stillman


A significant piece of legislation designed to regulate auctions is working its way through the New York State legislature. While what happens in one out of 50 states in one out of a couple of hundred countries in the world may not sound that important, New York is the auction capital of the United States if not the world. Changes in New York do matter.

The bill, sponsored by Westchester County (just north of New York City) Assemblyman Richard Brodsky, who has been sponsoring consumer-oriented legislation for two decades, is designed to make the auction process more transparent to bidders. While some parts of this bill may be a bit burdensome for auction houses, other parts should be beneficial to bidders. Though we don't know whether the auction houses agree with the provisions, one key area appears to have been sufficiently watered down to perhaps make it palatable to them.

Assemblyman Brodsky's bill, "An act to amend the general business law, in relation to auction requirements," was passed by the New York State Assembly on a vote of 142-1. It seems unlikely, considering the margin, that the New York State Senate would defeat it, the greater risk being it gets bottled up and dies in committee. This has happened before.

In a prior version, the most controversial section of this legislation was one designed to throw light on hidden reserves, and what some call "sham," "phantom," or "chandelier" bidding. This is a process where an auction house starts the bidding at a number below an unannounced reserve price (the reserve being the minimum price at which the auction house will sell the item). If a bidder makes an offer below the reserve, the auction house may then make a higher bid. It's referred to as a "sham" bid as the bidder (the house) has no intention of actually buying the object. The purpose is to drive the bids up to the reserve price or higher. If the bidder thinks he or she is bidding against another real buyer, or just gets caught up in the frenzy, he may place a higher bid than he would if he realized the competing bids were "shams."

The current bill provides several provisions to limit or throw light on this practice, but it does not prohibit it, and a strong transparency provision from the earlier version has been eliminated. Brodsky's legislation requires that auction houses disclose whether an item is subject to a reserve price, though the reserve price need not be disclosed. Once the reserve price has been met, an auctioneer may no longer bid on behalf of a consignor, nor may auctioneer or consignor bid on their own behalf without revealing their status. In other words, no undisclosed "sham" bids once the reserve has been reached. Meanwhile, the reserve price may not be any higher than the minimum estimated price (if there is one).

The piece that was removed from an earlier proposal was a requirement that so-called "sham" bids be identified by the auctioneer as being "for the consignor." This would have prevented undisclosed "sham" bids below the reserve as well as above it. Other bidders would know the price was being pushed up by the auction house, not another true bidder. Under the revised legislation, bids made by the auctioneer below the reserve would not be so identified. Buyers would know that this was a possibility by the announcement that items were subject to a reserve (provided they understood the implications), but would have no way of knowing, on any individual item, whether the bidding was real or "sham" since the "for the consignor" requirement was stripped from the bill.

When the original bill was filed several years ago, it included the following "justification" to require disclosure of all "sham" bidding: "Acceptance of a sham bid by an auctioneer on behalf of an auction house is essentially a deceptive practice. There is no justifiable reason to permit the taking of fake bids without disclosure of this practice to the public. The theatrical benefits created by this practice are far outweighed by the public's right to be informed of the acceptance of such bids during the auction process. This theatrical game playing is akin to pulling the wool over the consumer's eyes. Identification of the acceptance of such bids with the phrase 'for the consignor' would put an end to the chicanery being perpetrated by the auction houses." This wording is no longer mentioned in the current bill. By implication, the current bill continues to allow a certain amount of "chicanery."

Rare Book Monthly

  • <b>Doyle, April 25:</b> E.H. SHEPARD, Original drawing for A.A. Milne’s The House at Pooh Corner.<br>$40,000-60,000
    <b>Doyle, April 25:</b> BERNARD RATZER, Plan of the City of New York in North America, surveyed in the years 1766 & 1767. $80,000-100,000
    <b>Doyle, April 25:</b> THOMAS JEFFERSON, Autograph letter signed comparing Logan, Tecumseh, and Little Turtle to the Spartans. Monticello: 15 February 1821. $14,000-18,000
    <b>Doyle, April 25:</b> JOHN C. FREMONT, Narrative of the Exploring Expedition to the Rocky Mountains, in the Year 1842.. Abridged edition, the only one containing the folding map From the Sporting Library of Arnold “Jake” Johnson. $3,000-5,000
    <b>Doyle, April 25:</b> ZANE GREY, Album containing 94 large format photographs of Grey and party at Catalina Island, Arizona, and fishing in the Pacific. From the Sporting Library of Arnold “Jake” Johnson. $5,000-$8,000
    <b>Doyle, April 25:</b> WILLIAM COMBE, A History of Madeira ... illustrative of the Costumes, Manners, and Occupations of the Inhabitants. produced by Ackermann in 1821; From the Sporting Library of Jake Johnson. $2,000-$3,000
    <b>Doyle, April 25:</b> ERIC TAVERNER, Salmon Fishing... One of 275 copies signed by Taverner, published in 1931,From the Sporting Library of Jake Johnson. $2,000-$3,000
    <b>Doyle, April 25:</b> JOHN WHITEHEAD, Exploration of Mount Kina Balu, North Borneo. Whitehead reached the high point of Kinabalu in 1888. Part of a major group of travel books from the Sporting Library of Jake Johnson. $2,000-$3,000
    <b>Doyle, April 25:</b> JOHN LONG, Voyages and Travels of an Indian Interpreter and Trader, describing the Manners and Customs of the North American Indians... The first edition of 1791. $3,000-$5,000
    <b>Doyle, April 25:</b> SAMUEL BECKETT, Stirrings Still. This, Beckett’s last work of fiction with original lithographs by Le Brocquy, limited to 200 copies signed by the author and the artist. From the Estate of Howard Kaminsky.. $1,500-$2,500
  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Swann Auction Galleries Apr 26:</b> Jacques-Émile Ruhlmann, wallpaper sample book, circa 1919. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b> Archive from a late office of the Breuer & Smith architectural team, New York, 1960-70s. $3,500 to $5,000.
    <b>Swann Auction Galleries Apr 26:</b> William Morris, <i>The Story of the Glittering Plain or the Land of Living Men,</i> illustrated by Walter Crane, Kelmscott Press, Hammersmith, 1894. $2,500 to $3,500.
    <b>Swann Auction Galleries Apr 26:</b> Gustave Doré, <i>La Sainte Bible selon la Vulgate,</i> Tours, 1866. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b> Gustav Klimt & Max Eisler, <i>Eine Nachlese,</i> complete set, Vienna, 1931. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b><br>Eric Allatini & Gerda Wegener, <i>Sur Talons Rouges,</i> with original watercolor by Wegener, Paris, 1929. $5,000 to $7,500.
    <b>Swann Auction Galleries Apr 26:</b><br>C.P. Cavafy, <i>Fourteen Poems,</i> illustrated & signed by David Hockney, London, 1966. $5,000 to $7,500.
    <b>Swann Auction Galleries Apr 26:</b> Jean Midolle, <i>Spécimen des Écritures Modernes...</i>, Strasbourg, 1834-35. $3,000 to $4,000.
    <b>Swann Auction Galleries Apr 26:</b><br>E.A. Seguy, <i>Floréal: Dessins & Coloris Nouveaux,</i> Paris, 1925. $3,000 to $4,000.
  • <b>Bonhams: Results from Fine Books and Manuscripts on March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> BEETHOVEN, LUDWIG VAN. Autograph Manuscript sketch-leaf part of the score of the Scottish Songs, "Sunset" Op. 108 no 2. [Vienna, February 1818]. Inscribed by Alexander Wheelock Thayer. SOLD for $131,250
    <b>Bonhams, Mar. 9:</b> Violin belonging to Albert Einstein, presented to him by Oscar H. Steger, 1933. SOLD for $516,500
    <b>Bonhams, Mar. 9:</b> EINSTEIN, ALBERT. Autograph Letter Signed ("Papa") to his son Hans Albert, discussing his involvement with the atomic bomb, September 2, 1945. SOLD for $106,250
    <b>Bonhams: Results from Fine Books and Manuscripts on March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> HAMILTON, ALEXANDER. Autograph Letter Signed, to Baron von Steuben, with extensive notes of Von Steuben's aide Benjamin Walker, June 12, 1780. SOLD for $16,250
    <b>Bonhams, Mar. 9:</b> NEWTON, ISAAC. Autograph Manuscript in Latin, being detailed instructions on making the philosopher's stone. 8 pp. 1790s. SOLD for $275,000
    <b>Bonhams, Mar. 9:</b> 1869 Inauguration Bible of President Ulysses S. Grant. SOLD for $118,750

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