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>Swann Auction Galleries:</b> C.F. Payne, <i>Micawber—Imitating Norman Rockwell's "Triple self-portrait,"</i> acrylic, watercolor & colored pencil, 2002. Sold June 2021 for $3,000.
    <b>Swann Auction Galleries:</b> Jane Russell, archive of letters written during a whaling voyage, 1840s. Sold July 2021 for $30,000.
    <b>Swann Auction Galleries:</b> Guild of Women Binders, exhibition binding of A.F. Pollard’s <i>Henry VIII,</i> London, 1902. Sold July 2021 for $12,350.
    <b>Swann Auction Galleries:</b> Robert Frost, <i>Collected Poems,</i> author’s presentation copy, signed, with entirety of <i>Stopping by Woods on a Snowy Evening</i> inscribed, NY, 1930. Sold June 2021 for $20,000.
    <b>Swann Auction Galleries:</b> James Joyce, <i>Ulysses,</i> deluxe limited issue, signed, London, 1936. Sold June 2021 for $21,250.
    <b>Swann Auction Galleries:</b> Mercator [family], <i>[World and Continents],</i> 5 double-page maps, Amsterdam, c. 1633. Sold June 2021 for $15,000.
    <b>Swann Auction Galleries:</b> George Schlegel, <i>New York, Taken from Central Park,</i> hand-finished color-tinted lithograph, 1874. Sold June 2021 for $11,250.
    <b>Swann Auction Galleries:</b> Nicolaus Copernicus, <i>De Revolutionibus Orbium Coelestium,</i> second edition, Basel, 1566. Sold April 2021 for $75,000.
    <b>Swann Auction Galleries:</b> Book of Hours, Use of Utrecht, illuminated manuscript, c. 1435-45. Sold April 2021 for $60,000.
  • <b><center>Doyle<br>Rare Books, Autographs & Maps<br>September 23, 2021</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 20. ADAMS, JOHN QUINCY. Letter to the editors of the Boston Atlas on slavery and its political ramifications, 1842. $20,000 to $30,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 208. HEMINGWAY, ERNEST. <i>A Farewell To Arms.</i> New York: Charles Scribner's Sons, 1929. First edition. $2,000 to $3,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 237. ADDAMS, CHARLES. Original drawing "Now Remember-act casual." $5,000 to $7,000.
    <b><center>Doyle<br>Rare Books, Autographs & Maps<br>September 23, 2021</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 4. SMITH, ADAM. <i>An inquiry into the nature and causes of the wealth of nations.</i> Philadelphia, 1789. The first American edition. $4,000 to $6,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 131. BEETHOVEN, LUDWIG VON. <i>Cinquieme Sinfonie en ut mineur: C Moll de Louis Van Beethoven. Oeuvre 67.</i> First edition of the complete score. $3,000 to $5,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 73. Chinese Export Painting. Album of twenty-three original Chinese natural history studies of flowers and insects. Likely Canton: circa 1850. $2,000 to $3,000.
    <b><center>Doyle<br>Rare Books, Autographs & Maps<br>September 23, 2021</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 241. GOREY, EDWARD. Original drawing "Cat Drawing Wallpaper." Signed in Pencil in lower right margin. $2,000 to $4,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 36. LINCOLN, ABRAHAM. Autograph note signed instructing Edwin Stanton to meet with the important African American abolitionist and officer Martin Delany. [Washington:] 21 February 1865. $8,000 to $12,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 112. JONSON, BEN. <i>Workes</i>. London: William Stansby, 1616; Together with <i>Workes.</i> London: Richard Meighen,1640-41. $7,000 to $10,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 161. STURGIS, LEE. <i>Salmon Fishing on Cain River, New Brunswick.</i> (Chicago:) Privately printed (for the author by Ralph Fletcher Seymour), 1919. First edition. $3,000 to $5,000.
  • <b><center>Fonsie Mealy’s<br>The Library of Howth Castle<br>September 22nd & 23rd, 2021</b>
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Rosellini (Ippolito). <i>I Monumenti dell Egitto e Della Nubia,</i> Plate Volumes 1, 11 & 111, 3 vols. Elephant folio. €50,000 to €80,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Curtis (William), 1746 - 179, & other Editors. <i>The Botanical Magazine: or, The Flower Garden Displayed.</i> London 1793 - 1982-83. Together 184 vols. [with] other botanical material. €30,000 to €40,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Berkeley (George). <i>A Treatise Concerning the principles of Human Knowledge, wherein the chief Causes of Error and Difficulty in the Sciences…</i> Part I, Dublin, 1710 Rare First Edn. €15,000 to €20,000.
    <b><center>Fonsie Mealy’s<br>The Library of Howth Castle<br>September 22nd & 23rd, 2021</b>
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Ruskin (John). A large finely executed Pencil Drawing, captioned <i>Oxford Cathedral, The Choir,</i> & Signed 'J. Ruskin Ch. Ch. 1838. €15,000 to €20,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Sir Edward L. Lutyens. Howth Castle Plans: A Series of 10 Original Architects Drawings and Sketches, Alterations and Additions for J.C. Gaisford St. Lawrence, County Dublin, Ireland. €8,000 to €12,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Newman (Rev. Fr. John Henry, later Cardinal, now Saint) A very good collection of 24 A.L.S. to [Thomas] Gaisford of the Gaisford St. Lawrence family of Howth Castle. €10,000 to €15,000.
    <b><center>Fonsie Mealy’s<br>The Library of Howth Castle<br>September 22nd & 23rd, 2021</b>
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Manuscript Atlas: Hodges, Smith & Co. <i>The Estate of the Rt. Hon. the Earl of Howth Situate in the County of Dublin,</i> lg. atlas folio Dublin (Hodges, Smith & Co.) 1863. €4,000 to €6,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Anon. <i>Herbolario Volgare: nel quale se dimostra conoscer le herbe et le sue vrtu…</i> Sm. 8vo Venice (Gio Maria Palamides) 1539. €3,000 to €4,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Baron (Caesar). <i>Annales Ecclesiastici</i>. [With] <i>Annalium Ecclesiasticorum Caesaris Baronii... Apparatus.</i> [With] <i>Index Universalis Rerum Omnium</i> [and one other]. 38 vols total. €1,500 to €2,000.
    <b><center>Fonsie Mealy’s<br>The Library of Howth Castle<br>September 22nd & 23rd, 2021</b>
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Log Books of Three British Warships. Three folio Volumes, containing meticulously arranged logs of the voyages of Royal Navy Ships from 1876 – 1881. €1,200 to €1,800.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Walpole (Robert). <i>Memoirs Relating to European and Asiatic Turkey,</i> lg. 4to Lond. 1817. €1,000 to €1,500.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Bosio (Antonio). <i>Roma Sotteranea,</i> Opera Postuma. Large thick folio Rome (Guglielmo Facciotti) 1632. €1,000 to €1,500.
  • <b>Il Ponte, Sep. 21:</b> ZEILER, Martin - <i>Topographiae Italiae.</i> Francoforte: Mattheus Merian, 1688. €3,500 to €4,500.
    <b>Il Ponte, Sep. 21:</b> HAMILTON, William, Sir -- HANCARVILLE, Pierre-Francois HUGUES - Collection of Etruscan, Greek and Roman Antiquities from the Cabinet of the Hon. William Hamilton. Napoli: Francois Morelli, 1766-67. €38,000 to €48,000.
    <b>Il Ponte, Sep. 21:</b> [ASTRONOMIA] - Manoscritto astronomico. Italia: 1650. €1,000 to €1,500.
    <b>Il Ponte, Sep. 21:</b> DALI, Salvador - <i>Biblia Sacra vulgatae editionis.</i> Edizione “Ad Personam” Milano: Rizzoli, 1967. €40,000 to €60,000.

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