As used in this article, “adequate evidence of authority to sell” is evidence from which a reasonable person would conclude that the person presenting the evidence is the owner of the item he is attempting to sell or is the agent of such owner and is authorized by the owner to sell such item.
Secondhand GoodsResale of Goods
Section § 21650
This law defines what counts as "adequate evidence of authority to sell." It means having proof that would make a reasonable person believe you either own the item you are selling or have the owner's permission to sell it on their behalf.
adequate evidence of authority proof of ownership selling authority
Section § 21651
This section simply states that the terms “junk dealer” and “secondhand dealer” are defined by other sections of the code. Specifically, a 'junk dealer' refers to what's explained in Section 21601, and a 'secondhand dealer' refers to what's in Section 21626.
As used in this article,
(a)CA Business & Professions Code § 21651(a) “Junk dealer” has the meaning defined in Section 21601; and
(b)CA Business & Professions Code § 21651(b) “Secondhand dealer” has the meaning defined in Section 21626.
junk dealer definition secondhand dealer definition Section 21601
Section § 21652
If you're a junk dealer or secondhand dealer in California, you need to make sure that anyone selling you new or good-quality items has proof they can legally sell those items. Not checking this can lead to criminal charges, specifically a misdemeanor.
Every junk dealer or secondhand dealer shall, before accepting for resale from any person any finished product, new item of finished or merchandisable quality, inventory item of new materials or finished quality, or other goods and materials in such a state or condition as to show that they are neither abandoned nor scrapped, shall require that such person present adequate evidence of authority to sell. Violation of this section is a misdemeanor.
junk dealer secondhand dealer resale
Section § 21653
If a junk or secondhand dealer sells an item that they got illegally, they're committing a felony if the item's worth more than $950. If it's worth $950 or less, it's a misdemeanor.
Every junk dealer or secondhand dealer who resells any item acquired in violation of Section 21652 is guilty of a felony, if the value of the item exceeds nine hundred fifty dollars ($950), and is guilty of a misdemeanor if the value of the item does not exceed nine hundred fifty dollars ($950).
junk dealer secondhand dealer resell
