Tennessee § 62-19-102 - License requirement.

§ 62-19-102. License requirement.

It is unlawful for a person to: Act as, advertise as, or represent to be an auctioneer without holding a valid license issued by the commission; Conduct or offer to conduct an auction of real property unless the person is duly licensed as an auctioneer or affiliate auctioneer and as a broker or affiliate broker under chapter 13 of this title. However, with respect to the authority of an affiliate auctioneer to conduct or offer to conduct an auction of real property, the auctioneer for whom the affiliate auctioneer is employed for such purposes must be on the premises of the property during the auction. This subdivision (a)(2) does not require ringpersons or other persons not vocally conducting an auction to be duly licensed as auctioneers, nor duly licensed under chapter 13 of this title, unless the ringpersons or other persons act as an affiliate broker or broker within the meaning of chapter 13 of this title; or Act as, advertise as, or represent to be a public automobile auctioneer unless the person is duly licensed as a public automobile auctioneer and as a motor vehicle dealer under title 55, chapter 17, part 1. All auctions arranged by or through a principal auctioneer must be conducted exclusively by individuals licensed under this chapter. Acts 1967, ch. 335, § 2; T.C.A., § 62-1902; Acts 1983, ch. 250, § 2; 1985, ch. 357, § 1; 2003, ch. 24, §§ 1, 2; 2008, ch. 724, § 2; 2019, ch. 471, § 5. 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 subdivision (a)(3). 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 substituted “a person” for “any person” in the introductory language of (a); rewrote (a)(1) and (a)(2) which read: “(1) Act as or advertise or represent to be an auctioneer, apprentice auctioneer or firm without holding a valid license issued by the commission under this chapter or prior state law;“(2) Conduct or offer to conduct an auction of real property unless the person is duly licensed as an auctioneer or apprentice auctioneer and as a broker or affiliate broker under the provisions of the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title; provided, however, with respect to the authority of an apprentice auctioneer to conduct or offer to conduct an auction of real property, that the auctioneer for whom the apprentice auctioneer is employed for such purposes must be on the premises of the property during the auction. This subdivision (a)(2) shall not be construed to require ringpersons or other persons not vocally conducting an auction to be duly licensed as auctioneers, nor to be duly licensed under chapter 13 of this title, unless the ringpersons or other persons act as an affiliate broker or broker within the meaning of chapter 13 of this title; or”; substituted “Act as, advertise as, or represent” for “Act as or advertise or represent” at the beginning of (a)(3); and substituted “or through a principal auctioneer must be conducted exclusively by individuals licensed” for “or through a firm shall be conducted exclusively by individuals who are licensed as auctioneers” in (b). Effective Dates. Acts 2019, ch. 471, § 21. July 1, 2019. Cross-References. Real estate broker and affiliate broker defined, § 62-13-102 .