Illinois § 10-1

§ 10-1.

Necessity of license; exemptions. (a) It is unlawful for any person, corporation, limited liability company, partnership, or other entity to conduct an auction, provide an auction service, hold himself or herself out as an auctioneer, or advertise his or her services as an auctioneer in the State of Illinois without a license issued by the Department under this Act, except at: (1) an auction conducted solely by or for a not-for-profit organization for charitable purposes in which the individual receives no compensation; (2) an auction conducted by the owner of the property, real or personal; (3) an auction for the sale or lease of real property conducted by a licensee under the Real Estate License Act, or its successor Acts, in accordance with the terms of that Act; (4) an auction conducted by a business registered as a market agency under the federal Packers and Stockyards Act (7 U.S.C. 181 et seq.) or under the Livestock Auction Market Law; (5) an auction conducted by an agent, officer, or employee of a federal agency in the conduct of his or her official duties; and (6) an auction conducted by an agent, officer, or employee of the State government or any political subdivision thereof performing his or her official duties. (b) Nothing in this Act shall be construed to apply to a new or used vehicle dealer or a vehicle auctioneer licensed by the Secretary of State of Illinois, or to any employee of the licensee, who is a resident of the State of Illinois, while the employee is acting in the regular scope of his or her employment for the licensee while conducting an auction that is not open to the public, provided that only new or used vehicle dealers, rebuilders, automotive parts recyclers, or scrap processors licensed by the Secretary of State or licensed by another state or jurisdiction may buy property at the auction, or to sales by or through the licensee. Out-of-state salvage vehicle buyers licensed in another state or jurisdiction may also buy property at the auction. (c) Nothing in this Act shall be construed to prohibit a person under the age of 18 from selling property under $250 in value while under the direct supervision of a licensed auctioneer. (d) Nothing in this Act shall be construed to apply to a person providing an Internet auction listing service as defined in Section 5-10. (Source: P.A. 100-534, eff. 9-22-17.) (Text of Section after amendment by P.A. 104-145) (Section scheduled to be repealed on January 1, 2030) Sec. 10-1. Necessity of license; exemptions. (a) It is unlawful for any person, corporation, limited liability company, partnership, or other entity to conduct an auction, provide an auction service, hold himself or herself out as an auctioneer, or advertise his or her services as an auctioneer in the State of Illinois without a license issued by the Department under this Act, except at: (1) an auction conducted solely by or for a not-for-profit organization for charitable purposes in which the individual receives no compensation; (2) an auction conducted by the owner of the property, real or personal; (3) an auction for the sale or lease of real property conducted by a licensee under the Real Estate License Act, or its successor Acts, in accordance with the terms of that Act; (4) an auction conducted by a business registered as a market agency under the federal Packers and Stockyards Act (7 U.S.C. 181 et seq.) or under the Livestock Auction Market Law; (5) an auction conducted by an agent, officer, or employee of a federal agency in the conduct of his or her official duties; and (6) an auction conducted by an agent, officer, or employee of the State government or any political subdivision thereof performing his or her official duties. (b) Nothing in this Act shall be construed to apply to a new or used vehicle dealer or a vehicle auctioneer licensed by the Secretary of State of Illinois, or to any employee of the licensee, who is a resident of the State of Illinois, while the employee is acting in the regular scope of his or her employment for the licensee while conducting an auction that is not open to the public, provided that only new or used vehicle dealers, rebuilders, automotive parts recyclers, or scrap processors licensed by the Secretary of State or licensed by another state or jurisdiction may buy property at the auction, or to sales by or through the licensee. Out-of-state salvage vehicle buyers licensed in another state or jurisdiction may also buy property at the auction. (c) Nothing in this Act shall be construed to prohibit a person under the age of 18 from selling property under $250 in value while under the direct supervision of a licensed auctioneer. (d) Nothing in this Act shall be construed to apply to a person providing an Internet auction listing service as defined in Section 5-10. (e) Nothing in this Act shall be construed to apply to a third-party reseller of personal property where owners or representatives of an estate have transferred ownership of the property to the reseller to be sold anonymously. A third-party reseller may include, but is not limited to, a retail seller, a consignment seller, or a distributor who does not conduct an estate sale. (f) Nothing in this Section shall be construed to apply to any person as a receiver, trustee in bankruptcy, guardian, administrator, or executor; any such person acting under an order of any court, under the direction of any public authority, or pursuant to any judicial decree; or any such person acting pursuant to a trust agreement, deed of trust, or will. (Source: P.A. 104-145, eff. 1-1-26.)