South Carolina General Assembly
107th Session, 1987-1988

Bill 3461

                    Current Status

Bill Number:               3461
Ratification Number:       692
Act Number                 599
Introducing Body:          House
Subject:                   Estate sale defined
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A599, R692, H3461)

AN ACT TO AMEND SECTION 40-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ESTATE" AUCTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-156 SO AS TO PROHIBIT THE SALE AT AUCTION OF ANY PROPERTY OTHER THAN THE PROPERTY OF A SPECIFIED DECEASED PERSON OR THE PROPERTY OF A SPECIFIED LIVING PERSON'S ESTATE AT ANY AUCTION CONDUCTED OR ADVERTISED AS AN ESTATE SALE UNLESS OTHER ITEMS TO BE SOLD ARE SPECIFICALLY DESCRIBED AND ADVERTISED THAT THEY ARE NOT ESTATE PROPERTY.

Be it enacted by the General Assembly of the State of South Carolina:

Estate sale defined

SECTION 1. Section 40-6-10 of the 1976 Code, as last amended by an act of 1988 bearing ratification number 440, is further amended by adding an appropriately numbered item to read:

"( ) 'Estate sale's means the sale at auction of property of a specified deceased person or the property of a specified living person's estate but does not mean the sale at auction of property of any other person."

Auction sales of estate property

SECTION 2. The 1976 Code is amended by adding:

"Section 40-6-156. The sale at auction of any property other than the property of a specified deceased person or the property of a specified living person's estate at any auction conducted or advertised as an estate sale only is prohibited. Items other than those of the specified estate may be sold at the sale only if all advertisements of the sale contain specific information detailing which items do not belong to the estate."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.