Grounds for Revocation or Suspension of Licenses and Censure of Licensees

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Auctioneers
  5. Grounds for Revocation or Suspension of Licenses and Censure of Licensees

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The commission may, upon its own motion, and shall, upon the signed complaint in writing of any person, investigate the actions of any auctioneer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent representation or the licensee has been found guilty of any unfair trade practices, including, but not limited to, the following:

  1. Making any substantial misrepresentation while describing any property, real or personal; using any false, deceptive, misleading, or untruthful advertising; or making any statements, either in person or through any form of advertising, which may create false or unjustified expectations of the services to be performed;
  2. Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising an auction to be an absolute auction, but conducting it as an auction with reserve or otherwise;
  3. Failing to account for or remit, within 30 days unless otherwise provided by contract, any money belonging to others that comes into his or her possession, commingling funds of others with his or her own, or failing to keep such funds of others in an escrow or trustee account;
  4. Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony;
  5. Violation of any rule or regulation or code of ethics promulgated by the commission;
  6. Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness;
  7. Any conduct of an auctioneer which demonstrates improper, fraudulent, or dishonest dealings;
  8. Having had any license to practice a business or profession revoked, suspended, annulled, or sanctioned, or otherwise having had any disciplinary action taken by any other licensing authority in this or any other state; or
  9. Knowingly making any misleading, false, or deceptive statement on any application for a license under this chapter.

(Code 1933, § 84-318A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1989, p. 1409, § 5; Ga. L. 1993, p. 1030, § 5; Ga. L. 1996, p. 657, § 8; Ga. L. 2014, p. 294, § 8/HB 1042.)

The 2014 amendment, effective July 1, 2014, deleted "or apprentice auctioneer" following "any auctioneer" in the introductory paragraph; and, at the end of paragraph (3), deleted the former proviso, which read: "provided, however, that the requirement of an escrow or trust account shall not apply to an apprentice auctioneer who conducts the business of auctioning where gross sales do not exceed $2,000.00 per auction;".

Cross references.

- False or fraudulent advertising, § 10-1-420 et seq.

Liability of auctioneer for sale of stolen horse or mule, § 10-1-530.

RESEARCH REFERENCES

ALR.

- Liability of auctioneer or clerk to buyer as to title, condition, or quality of property sold, 80 A.L.R.2d 1237.

Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.


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