Tennessee § 62-19-101 - Chapter definitions.

§ 62-19-101. Chapter definitions.

As used in this chapter: “Affiliate auctioneer” means an individual who, for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by a principal auctioneer to deal or engage in any activity described in subdivision (9); “Auction” means a sales transaction conducted by oral, written, or electronic exchange between an auctioneer and members of the audience, consisting of a series of invitations by the auctioneer for offers to members of the audience to purchase goods or real estate, culminating in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience; “Auctioneer” means a principal auctioneer, bid caller auctioneer, or public automobile auctioneer; “Bid caller auctioneer” means an individual who, for compensation or valuable consideration, or otherwise, is hired by a principal auctioneer, public automobile auction, or public automobile auctioneer to solicit bids for the purchase of goods at an auction; “Commission” means the Tennessee auctioneer commission; “Continuing education” means six (6) hours each renewal period; “Goods” means chattels, merchandise, real or personal property, or commodities of any form or type that may lawfully be kept or offered for sale; “Person” includes an individual, association, partnership, corporation, and the officers, directors, and employees of a corporation; “Principal auctioneer” means an individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration by the means or process of auction or sale at auction, offers and executes a listing contract, sale, purchase, or exchange of goods, and is responsible for the management and supervision of an auction company, including its wholly owned subsidiary or affiliate company; “Public automobile auction” means offering motor vehicles for sale to the highest bidder, where buyers are members of the public, by a motor vehicle dealer licensed to sell used motor vehicles and licensed as a public automobile auctioneer by the commission. However, no public automobile auction may otherwise limit the auctioning of used motor vehicles exclusively to licensed motor vehicle dealers or their duly authorized agents; “Public automobile auctioneer” means an individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration at an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, including motor vehicles; and “Timed listing” means offering goods for sale with a fixed ending time and date that does not extend based on bidding activity. Acts 1967, ch. 335, § 1; 1976, ch. 824, § 1; 1978, ch. 569, § 1; T.C.A., § 62-1901; Acts 1983, ch. 250, § 1; 1997, ch. 91, § 7; 2008, ch. 724, § 1; 2015, ch. 291, § 8; 2019, ch. 471, § 4. Compiler's Notes. Acts 2008, ch. 724, § 8 provided that the Tennessee auctioneer commission is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added the definitions of “public automobile auction” and “public automobile auctioneer.” All the rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amendments. The 2019 amendment rewrote the section which read: “As used in this chapter, unless the context otherwise requires:“(1) ‘Apprentice auctioneer’ means any individual who, for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any activity defined in subdivision (3);“(2) ‘Auction’ means a sales transaction conducted by means of oral or written exchange between an auctioneer and members of the audience, which exchange consists of a series of invitations for offers for purchase of goods or real estate made by the auctioneer and offers to purchase made by members of the audience culminating in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience;“(3) ‘Auctioneer’ means any individual who, for a fee, commission or any other valuable consideration, or with the intention or expectation of receiving a fee, commission or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates or attempts to negotiate a listing contract, sale, purchase or exchange of goods;“(4) ‘Commission’ means the Tennessee auctioneer commission;“(5) ‘Continuing education’ means six (6) hours each renewal period;“(6) ‘Firm’ means any person who, as part of the person's business, arranges, manages, sponsors, advertises or carries out auctions;“(7) ‘Goods’ means any chattels, merchandise, real or personal property or commodities of any form or type that may lawfully be kept or offered for sale;“(8) ‘Person’ includes an individual, association, partnership, corporation and the officers, directors and employees of a corporation;“(9) ‘Principal auctioneer’ means the auctioneer who is responsible for the management and supervision of a firm;“(10) ‘Public automobile auction’ means offering motor vehicles for sale to the highest bidder where buyers are members of the public by any motor vehicle dealer licensed to sell used motor vehicles and which dealer is licensed as a public automobile auctioneer by the Tennessee auctioneer commission; provided, that no public automobile auction shall otherwise limit the auctioning of used motor vehicles exclusively to licensed motor vehicle dealers or their duly authorized agents; and“(11) ‘Public automobile auctioneer’ means any individual who, for a fee, commission or any other valuable consideration, or with the intention or expectation of receiving a fee, commission or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates or attempts to negotiate a listing contract, sale, purchase or exchange of goods, including motor vehicles.” Effective Dates. Acts 2019, ch. 471, § 21. July 1, 2019. Cross-References. Liability of professional societies, title 62, ch. 50, part 1. Motor vehicle auctions, § 55-17-120 . State examining boards, general provisions, title 4, ch. 19. Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Auctions and Auctioneers, § 2. Attorney General Opinions. Internet drop-off stores, which assist individuals in selling items through Internet sites such as eBay, do not fit the statutory definition of “auction” or “auctioneer,” OAG 06-053, 2006 Tenn. AG LEXIS 54 (3/27/06).