License Requirement for Auctioneers; Registration for Companies Conducting Auctions; Restrictions as to Sales of Real Property

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  2. Georgia Code
  3. Professions and Businesses
  4. Auctioneers
  5. License Requirement for Auctioneers; Registration for Companies Conducting Auctions; Restrictions as to Sales of Real Property

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  1. It shall be unlawful for any person, directly or indirectly, to engage in, conduct, advertise, hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an auctioneer within this state without first obtaining a license as an auctioneer, as provided in this chapter, unless he or she is exempted from obtaining a license under Code Section 43-6-24.
  2. It shall be unlawful for any licensed auctioneer to act in such capacity in the sale of real property unless such auctioneer shall also be licensed as a real estate broker, associate broker, or salesperson under Chapter 40 of this title; provided, however, that any auctioneer who was licensed as such by this state prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the commission that he or she has been auctioning real property for five years or more immediately prior to the date of application shall not be required to meet the provisions of this subsection but such person shall not thereby be construed to be a real estate broker, associate broker, or salesperson under Chapter 40 of this title.
  3. It shall be unlawful for any company, directly or indirectly, to engage in, conduct, advertise, hold itself out as engaging in or conducting the business of auctioning without first being registered by the commission, unless such company is exempted from obtaining a license pursuant to Code Section 43-6-24.

(Code 1933, § 84-302A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1984, p. 1084, § 2; Ga. L. 1987, p. 596, § 2; Ga. L. 2014, p. 294, § 2/HB 1042.)

The 2014 amendment, effective July 1, 2014, deleted "or apprentice auctioneer" throughout subsections (a) and (b); and, in subsection (a), twice inserted "or she" and inserted "or herself".

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, "this title" was substituted twice for "Title 43" in subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Dealer may auction wrecked or reparable motor vehicles without being registered.

- Licensed used motor vehicle parts dealer may auction wrecked or reparable motor vehicles without also being registered with the Georgia Auctioneers Commission as auctioning is incidental to the practice of a salvage pool dealer. However, a dealer may not auction items other than wrecked or reparable motor vehicles without an auction company license. 1989 Op. Att'y Gen. No. 89-58.

Licensed auctioneers who sell used motor vehicles on consignment must also be licensed as used car dealers unless such sales are made by a used car dealer or a financial institution. Auction companies which auction used motor vehicles on consignment must also be registered as used car dealers if such sales are made to independent motor vehicle dealers or to individual consumers. 1991 Op. Att'y Gen. No. 91-15.

RESEARCH REFERENCES

ALR.

- Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.


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