Can auctioneers sell “recalled” items?

The question is: Can auctioneers sell “recalled items?” The answer in short is: No.

The Federal Consumer Product Safety Improvement Act of 2008 (CPSIA) dictates among other restrictions that items recalled by the U.S. Consumer Product Safety Commission (CPSC) cannot be sold to consumers.

Examples of such home-product recalls which are prohibited from resale include:

1. Regent jarts (1988)

2. Lane cedar chests (1996)

3. Simplicity cribs (2007)

4. Maclaren strollers (2009)

5. Gree dehumidifiers (2013)

6. Buckyballs and Buckycubes (2014)

Obviously prohibiting the sale of recalled items helps protect the public from harm. However, it remains to be seen if a court or government agency would hold the auctioneer and/or the seller responsible for such sale.

Auctioneers are usually agents for their sellers, and thus not typically in title. Auctioneers act to put their client (the seller) in contract with the high bidder.

We discussed if the auctioneer is considered the seller in more detail here: https://mikebrandlyauctioneer.wordpress.com/2013/12/25/is-the-auctioneer-the-seller/

Nevertheless, it is prudent for any personal property auctioneer to see that no recalled items are being offered at auction in order to minimize risk to all parties (seller, buyer and auctioneer.)

Auctioneers can search here to see if a specific product has been recalled, and related information: https://www.recalls.gov/

Mike Brandly, Auctioneer, CAI, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, Keller Williams Auctions and Goodwill Columbus Car Auction. He serves as Adjunct Faculty at Hondros College of Business, Executive Director of The Ohio Auction School and Faculty at the Certified Auctioneers Institute held at Indiana University.

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