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Auctioneers Licence

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  • 12-06-2011 12:30am
    #1
    Fu Manchu
    Closed Accounts Posts: 12 ✭


    Hi all,

    I'm having some problems with a local aucitioneer/letting agent whom i do not believe is acting ethically or in the best interests of either the landlords he represents, the tenants, or the local community that are directly impacted by some of his practices.

    As such, i would like to fomally complain about this individual. Is anyone aware of a mechanism for doing so? My understanding is that they would have to get their auctioneers licence renewed on an annual basis so there must be some process for filing complaints or objections as part of this.

    Any ideas or experience in such matters?


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    #2
    variety
    Registered Users Posts: 152 ✭✭variety


    You picked a perfect time to have a problem! ALL auctioneers licences fall for renewal on the 5th of July each year.

    To apply for renewal, the auctioneer must advertise in the local paper which must identify the time and place he intends to make the renewal application (this will be in a court of law).

    Objections must be made at least 7 days before the hearing of the application; notice in writing of the grounds of the objection must be lodged with the District Court Clerk.

    Section 13 of the 1947 Act provides that a District Justice can refuse an application for a certificate of qualification on a number of specific grounds
    only:
    - That the applicant is not a fit and proper person to hold a certificate
    - That the applicant is an undischarged bankrupt or arranging debtor
    - That the applicant is not of full age (18 since the Age of Majority Act 1985)
    - That the applicant is disqualified under section 18 of the 1947 Act from holding an Auctioneer’s Licence or a House Agent’s Licence
    That an Auctioneer’s Licence or House Agent’s Licence previously held by the applicant has been suspended or cancelled under section 18; OR
    - That an individual responsible or proposed to be responsible for the management of the applicant’s business and also in the case of an unincorporated body, that any individual members of the body, is a person whose application might be refused under this section if he himself applied for a certificate of qualification.


    If your objection does not fall under these circumstances, then see if the auctioneer in question is a member of IPAV or such body, and make a formal complaint against him to that body.


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    #3
    Fu Manchu
    Closed Accounts Posts: 12 ✭Fu Manchu


    Excellent!! Good timing indeed. I'll try and get my hands on the local papers and see if there's anything included therein.

    I'll take a look through the legislation that you have highlighted also.

    cheers variety. Much appreciated.

    Has anyone ever made such a complaint or seen an instance where such a licence was revoked?


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    #4
    Dymo
    Registered Users Posts: 1,559 ✭✭✭Dymo


    You will have to go to court and give evidence in the witness box as to why you think the licence should not be renewed. You would need to have a very strong case as Judges take it very serious when your trying to take away somebody's livelihood. Just because someone isn't very good at there job or negligent isn't grounds for non renewal of a licence and you will need something more concrete like a criminal act. And your objections will be published in the local newspaper if there is a court reported there as it's such a rare occurrence.

    Also bear in mind you will need evidence to back up your claims.

    Here's one case of it happening
    A "MALICIOUS" and "frivolous" objection to the renewal of Kerry County Councillor Jim Finucane's auctioneer's licence has been struck out at Tralee District Court.

    Cllr Finucane, a Fine Gael member of Kerry County Council for the Tralee Electoral Area, operates an auctioneering business from his premises on Edward Street, Tralee.

    His application to Tralee District Court for the annual renewal of his auctioneer's licence was subject to an objection by a Brian Forrest and came before the court for the third time last Wednesday.

    Cllr Finucane's solicitor, Philip O'Sullivan, told Judge James O'Connor that Mr Forrest had failed to turn up in court to support his objection on all three occasions and called for the objection to be dismissed.

    "This is a malicious, vexatious and utterly frivolous objection with no merit whatsoever " Mr O'Sullivan said.

    Mr O'Sullivan also called on Judge O'Connor to award costs against the objector to cover the expenses of witnesses who had attended Tralee District Court on each of the three occasions the matter had come before the court.

    Garda Inspector Martin McCarthy said there were no issues arising from Cllr Finucane's application and the gardaí had no objection of any kind to his licence being renewed.

    Judge O'Connor dismissed the objection, approved the renewal of Cllr Finucane's auctioneer's licence and ordered that Brian Forrest pay €1 000 in costs

    Here's another case http://www.thepost.ie/story/text/eyqlqlqlql/

    Objections do happen, but its not just a matter writing an email.


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