 |
 |
| Title
5. Administrative Procedures And Services | | Title
9-a. Maine Consumer Credit Code | | Title
9. Banks And Financial Institutions | | Title 01. General Provisions | | Title 02. Executive | | Title 03. Legislature | | Title 04. Judiciary | | Title 05. Administrative Procedures And Services | | Title 06. Aeronautics | | Title 07. Agriculture And Animals | | Title 08. Amusements And Sports | | Title 09-a. Maine Consumer Credit Code | | Title 09-b. Financial Institutions | | Title 09. Banks And Financial Institutions | | Title 10. Commerce And Trade | | Title 11. Uniform Commercial Code | | Title 12. Conservation | | Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff)) | | Title 13-b. Maine Nonprofit Corporation Act | | Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff)) | | Title 13. Corporations | | Title 14. Court Procedure -- Civil | | Title 15. Court Procedure -- Criminal | | Title 16. Court Procedure -- Evidence | | Title 17-a. Maine Criminal Code | | Title 17. Crimes | | Title 18-a. Probate Code | | Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05) | | Title 18. Decedents' Estates And Fiduciary Relations | | Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff)) | | Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff)) | | Title 20-a. Education | | Title 20. Education | | Title 21-a. Elections | | Title 21. Elections | | Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new)) | | Title 22. Health And Welfare | | Title 23. Highways | | Title 24-a. Maine Insurance Code | | Title 24. Insurance | | Title 25. Internal Security And Public Safety | | Title 26. Labor And Industry | | Title 27. Libraries, History, Culture And Art | | Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new)) | | Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp)) | | Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff)) | | Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff)) | | Title 31. Partnerships And Associations | | Title 32. Professions And Occupations | | Title 33. Property | | Title 34-a. Corrections | | Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd)) | | Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp)) | | Title 36. Taxation | | Title 37-a. Department Of Defense And Veterans Services | | Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr)) | | Title 37. Veterans' Services | | Title 38. Waters And Navigation | | Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8) | | Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7) |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Maine |
|
USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 5-B. AUCTIONEERS (HEADING. PL 1999, c. 146, @5 (new))
|
|
Title 32 - §284. Definitions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1999, c. 146, @5 (new))
§284. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1999, c. 146, §5 (new).]
1. Auction. "Auction" means the offering of goods or real estate for sale by means of exchanges between an auctioneer and bidders.
[1999, c. 146, §5 (new).]
2. Auctioneer. "Auctioneer" means any person who conducts, advertises or offers that person's service to conduct auctions; contracts or
offers to contract with consignors of real or personal property, with or without receiving or collecting a fee, commission
or other valuable consideration; or sells or offers to sell property at auction.
[1999, c. 146, §5 (new).]
3. Bid. "Bid" means an offer to buy.
[1999, c. 146, §5 (new).]
4. Board. "Board" means the Board of Licensing of Auctioneers, as established by Title 5, section 12004-A, subsection 5.
[1999, c. 146, §5 (new).]
5. Buyer's premium. "Buyer's premium" means a premium usually described as a percentage of the final bid to be paid by the buyer as part of
the purchase price.
[1999, c. 146, §5 (new).]
6. Consignor. "Consignor" means the bona fide owner, agent or party in interest of the personal property or real estate being offered
for sale.
[1999, c. 146, §5 (new).]
7. Completion of sale. "Completion of the sale" means the acceptance of the final bid by the auctioneer as indicated by the fall of the hammer
or in another customary manner.
[1999, c. 146, §5 (new).]
8. Person. "Person" means an individual.
[1999, c. 146, §5 (new).]
9. Reasonable period of time. "Reasonable period of time" means not more than 30 days from the date of the auction or such other time as is stated in
a contract.
[1999, c. 146, §5 (new).]
10. With reserve. "With reserve" means that the consignor reserves the right to establish a minimum bid, to accept or reject any bid and to
withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer.
[1999, c. 146, §5 (new).]
11. Without reserve. "Without reserve" means that no minimum opening bid or other condition that limits the sale other than to the highest bidder
is required and that the consignor may not modify or nullify the sale by bidding either personally or through a representative.
An auction without reserve is the same as an absolute auction.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §285. License required
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1999, c. 146, @5 (new))
§285. License required
A person in this State who engages in the business of auctioneering, professes or advertises to be an auctioneer or advertises
the sale of real, personal or mixed property by auction shall hold a valid auctioneer's license.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §286. Exemptions to licensing (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1999, c. 146, @5 (new))
§286. Exemptions to licensing (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. Personal use. A person does not require a license in order to auction personal or real property that the person has maintained for that
person's use or personal property that the person's parents, spouse or children have maintained for their own use.
[1999, c. 146, §5 (new).]
2. Charitable, educational, religious or nonprofit organizations. This chapter does not apply to individuals who conduct a sale or auction for a charitable, educational, religious or other
nonprofit organization as long as the nonprofit organization retains the total amount of the proceeds, with the exception
of advertising fees, and the person conducting the sale or auction receives no fee for services.
[1999, c. 146, §5 (new).]
3. Sheriffs, tax collectors, executors and administrators. This chapter does not apply to sheriffs or their deputies, constables, tax collectors, executors, administrators or any
other officers authorized to sell property by order of any court.
[1999, c. 146, §5 (new).]
4. Pedigreed animals. This chapter does not prohibit any person employed by the owner of pedigreed animals from selling those animals at public
auction.
[1999, c. 146, §5 (new).]
5. Foreclosure sales. This chapter does not apply to any individual conducting a foreclosure sale pursuant to a court order.
[1999, c. 146, §5 (new).]
6. Tax-acquired property. This chapter does not apply to the sale by or on behalf of a municipality of any real or personal property acquired by that
municipality for nonpayment of taxes.
[1999, c. 146, §5 (new).]
7. Assistants. This chapter does not apply to a person assisting the auctioneer in conducting the auction sale provided the auctioneer
is physically present and assumes full responsibility for the auction sale.
[1999, c. 146, §5 (new).]
8. (TEXT EFFECTIVE UNTIL 51507) Contracted Internet services. This chapter does not apply to an individual who takes possession of goods pursuant to a contract for the exclusive purpose
of selling those goods over the Internet, unless otherwise licensed under this chapter.
This subsection is repealed May 15, 2007.
[2005, c. 349, §1 (new).]
8. (TEXT REPEALED 51507) Contracted Internet services.
[2005, c. 349, §1 (new); T. 32, §286, sub-§8 (rp).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §287-A. Fees
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1999, c. 146, @5 (new))
§287-A. Fees
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may
establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective
purposes, except that the fee for any one purpose may not exceed $200 annually. Rules adopted pursuant to this section are
routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.
[2001, c. 323, §15 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §287. Penalties; injunction
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1999, c. 146, @5 (new))
§287. Penalties; injunction
Any person who purports to be or operates as a licensed auctioneer without first obtaining a license commits a Class E crime.
[1999, c. 146, §5 (new).]
div>
The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings
have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
[1999, c. 146, §5 (new); c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §288. Board of Licensing of Auctioneers; organization
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 2: BOARD (HEADING: PL 1999, c. 146, @5 (new))
§288. Board of Licensing of Auctioneers; organization
1. Board composition. The Board of Licensing of Auctioneers, as established by Title 5, section 12004-A, subsection 5, is composed of 5 members,
3 of whom must be auctioneers and 2 of whom must be public members.
[1999, c. 146, §5 (new).]
2. Terms; removal. The terms of the members of the board are for 3 years. Members may be removed by the Governor for cause.
[1999, c. 146, §5 (new).]
3. Appointments. The members of the board are appointed by the Governor. Appointments of members must comply with section 60.
[1999, c. 146, §5 (new).]
4. Meetings; quorum. The board shall meet at least once a year and at such other times as the board determines necessary. A majority of the
members of the board constitutes a quorum for the transaction of business under this chapter.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §289. Rules
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 2: BOARD (HEADING: PL 1999, c. 146, @5 (new))
§289. Rules
The board may establish guidelines and rules by which this chapter is administered. Rules adopted pursuant to this chapter
are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. Rules adopted by the board must be consistent
with Title 5, chapter 375, subchapter II.
[1999, c. 146, §5 (new).]
1. Adjudicatory hearings. The board may adopt rules governing the conduct of hearings.
[1999, c. 146, §5 (new).]
2. Investigations. The board may adopt rules governing investigations. Rules adopted pursuant to this subsection are routine technical rules
pursuant to Title 5, chapter 375, subchapter II-A.
[1999, c. 687, Pt. F, §3 (amd).]
3. Standards of practice. The board may adopt rules governing the practice of auctioneering that establish standards of practice that serve to protect
the public interest.
[1999, c. 146, §5 (new).]
4. License qualifications. The board may adopt rules relating to the qualifications of an applicant for any license authorized under this chapter that
ensure that an applicant is sufficiently trustworthy and competent to practice auctioneering.
[1999, c. 146, §5 (new).]
5. Fees.
[2001, c. 323, §16 (rp).]
6. Other. The board may adopt any other rules that are necessary for the performance of its duties under this chapter.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §290. Powers
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 2: BOARD (HEADING: PL 1999, c. 146, @5 (new))
§290. Powers
The board has the following duties and powers, in addition to those otherwise set forth in this chapter.
[1999, c. 146, §5 (new).]
1. Investigations. The board shall investigate or cause to be investigated all complaints made to it and all cases of noncompliance with or
violation of this chapter.
[1999, c. 687, Pt. F, §4 (amd).]
2. Hearings. The board shall conduct hearings in conformity with Title 5, chapter 375, subchapter IV to the extent applicable. The board
after a hearing may impose disciplinary sanctions pursuant to Title 10, section 8003, subsection 5, paragraph A-1. In addition,
the board may, pursuant to Title 5, section 10004, revoke or suspend the license of an auctioneer.
[1999, c. 146, §5 (new).]
3. Denial of license. The board may not refuse to renew a license for any reason other than the failure to pay a required fee unless the licensee
has been afforded an opportunity for an adjudicatory hearing consistent with the board's rules.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §291. Grounds for disciplinary action
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 2: BOARD (HEADING: PL 1999, c. 146, @5 (new))
§291. Grounds for disciplinary action
1. Disciplinary sanctions. After a hearing pursuant to section 290, subsection 3, the board has the authority to impose disciplinary sanctions at any
time when a licensee is found guilty of one or more of the following:
A. Subject to Title 5, chapter 341, any Class A, Class B or Class C crime or any other crime that bears directly on the practice
of auctioneering;
[1999, c. 146, §5 (new).]
B. Failure, within a reasonable time, to account for or remit any money or property coming into the licensee's possession that
belongs to others;
[1999, c. 146, §5 (new).]
C. Failure to comply with or properly maintain records required by Title 30-A, section 3971;
[2003, c. 582, §3 (amd).]
D. Violating any rule adopted by the board or any provision of this chapter;
[1999, c. 146, §5 (new).]
E. Any act or conduct, whether of the same or different character than specified in this chapter, that constitutes or demonstrates
unprofessional conduct; and
[1999, c. 146, §5 (new).]
F. Advertising an auction without including the name and license number of the auctioneer.
[1999, c. 146, §5 (new).]
[2003, c. 582, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §292. License qualifications
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 3: LICENSING QUALIFICATIONS (HEADING: PL 1999, c. 146, @5 (new))
§292. License qualifications
1. Application. Applicants shall submit a properly completed application on forms furnished by the board, together with the prescribed fee.
[1999, c. 146, §5 (new).]
2. Residence. The applicant shall provide evidence of the applicant's legal residence.
[1999, c. 146, §5 (new).]
3. Reputation. The applicant must have a good reputation for honesty, fair dealing and competency. Recommendations from at least 2 references
who have acknowledged before a notary public that they have known the applicant for at least one year and that the applicant
has such a reputation create a rebuttable presumption that the applicant meets that qualification.
[1999, c. 146, §5 (new).]
4. Examination. Each applicant shall satisfactorily pass the examination, the content of which is determined by the board. Examination
results remain valid for issuance of a license for 90 days from notification of a passing score.
[1999, c. 146, §5 (new).]
5. Surety bond. Each applicant for licensure shall file a surety bond in an amount set by the board by rule.
[1999, c. 146, §5 (new).]
6. Criminal history information. Subject to Title 5, chapter 341, the applicant shall provide criminal history record information.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §293. License limited to individuals
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 3: LICENSING QUALIFICATIONS (HEADING: PL 1999, c. 146, @5 (new))
§293. License limited to individuals
Licensure is determined based on individual and personal qualifications. A firm, company, partnership or corporation may
not be licensed under this chapter.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §294. Nonresident licensure
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 3: LICENSING QUALIFICATIONS (HEADING: PL 1999, c. 146, @5 (new))
§294. Nonresident licensure
1. Nonresident license. Every nonresident person desiring to do business as an auctioneer in this State shall obtain a license. The board may issue
a license to any nonresident upon fulfillment of the same application requirements as those set forth for resident auctioneers.
In addition, a nonresident applicant shall furnish the following:
A. A certificate of good standing from each jurisdiction where the applicant is licensed; and
[1999, c. 146, §5 (new).]
B. An irrevocable consent that actions may be commenced against the applicant in the proper court of any county in this State
in which a cause of action may arise or in which the plaintiff may reside, by the service of any process or pleading authorized
by the laws of the State on the Director of the Office of Licensing and Registration within the Department of Professional
and Financial Regulation.
[1999, c. 146, §5 (new).]
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §295. Renewal
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 3: LICENSING QUALIFICATIONS (HEADING: PL 1999, c. 146, @5 (new))
§295. Renewal
Licenses expire annually on March 31st or at a time the Commissioner of Professional and Financial Regulation designates.
The board may issue a renewal license in the absence of any reason or condition that might warrant the refusal of granting
a license upon receipt of the written request of the applicant and the renewal fee and upon the applicant presenting evidence
of compliance with the requirements of section 292, subsections 5 and 6. A license may be renewed up to 90 calendar days
after the date of its expiration upon payment of a late fee in addition to the renewal fee. Any applicant who submits an
application for renewal more than 90 calendar days after the expiration date is subject to all requirements governing new
applicants under this chapter.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §296. Inspection of license; ownership
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 3: LICENSING QUALIFICATIONS (HEADING: PL 1999, c. 146, @5 (new))
§296. Inspection of license; ownership
Every auctioneer shall show that auctioneer's license at any time upon the request of a municipal law enforcement agency or
officer or a municipal clerk or official in whose municipality the auctioneer is conducting an auction. The provisions for
obtaining a state auctioneer's license do not prohibit any municipality from establishing its own permit requirements for
an auction sale, provided no municipal permit is required for an auction that lasts less than 2 full consecutive days.
[1999, c. 146, §5 (new).]
div>
A municipal law enforcement agency or officer or a municipal clerk or official may require the auctioneer to state whether
the merchandise is owned by another party and the name and address of that party.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §297. Real estate brokerage
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 3: LICENSING QUALIFICATIONS (HEADING: PL 1999, c. 146, @5 (new))
§297. Real estate brokerage
If an auctioneer engages in real estate brokerage, the auctioneer must be licensed under chapter 114, except that a real estate
license is not required if the auctioneer is hired to call bids on real estate being sold at an auction and the auctioneer
does not prepare contracts or otherwise control the actual sale or take custody of any part of the purchase price.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §298. Contract required
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 3: LICENSING QUALIFICATIONS (HEADING: PL 1999, c. 146, @5 (new))
§298. Contract required
1. Contract required. An auctioneer may not conduct an auction in this State without first having a written contract with the consignor of any
property to be sold. The contract must contain the date of the contract and the name and license number of the auctioneer.
The contract must contain the terms and conditions of the auction, including but not limited to:
A. The description of all items to be sold;
[1999, c. 146, §5 (new).]
B. Whether the auction is with reserve or without reserve;
[1999, c. 146, §5 (new).]
C. The payment schedule;
[1999, c. 146, §5 (new).]
D. The commission rate; and
[1999, c. 146, §5 (new).]
E. The statement of other charges, including a buyer's premium.
[1999, c. 146, §5 (new).]
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §299. Conditions of auction sales
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 5-B: AUCTIONEERS (HEADING: PL 1999, c. 146, @5 (new))
Subchapter 3: LICENSING QUALIFICATIONS (HEADING: PL 1999, c. 146, @5 (new))
§299. Conditions of auction sales
Each auctioneer shall post for display and describe at the beginning of each auction the conditions of the auction sale.
The conditions must indicate:
[1999, c. 146, §5 (new).]
1. Sold "as is." Whether the property is sold "as is";
[1999, c. 146, §5 (new).]
2. Highest bidder acknowledged. Whether the highest bidder at the completion of the sale will be acknowledged by the auctioneer;
[1999, c. 146, §5 (new).]
3. Reserve. Whether the auction is with reserve or without reserve and the acceptable manner of bids;
[1999, c. 146, §5 (new).]
4. Absentee bids. Whether absentee bids are allowed;
[1999, c. 146, §5 (new).]
5. Sales tax. Sales tax requirements;
[1999, c. 146, §5 (new).]
6. Auctioneer or consignor bidding. Whether or not the auctioneer or consignor reserves the right to bid;
[1999, c. 146, §5 (new).]
7. Uniform Commercial Code. A statement that Title 11, section 2-328 applies to this auction sale;
[1999, c. 146, §5 (new).]
8. Statement of buyer's premium. A statement of the buyer's premium and any other charges to the bidders or any other persons in attendance; and
[1999, c. 146, §5 (new).]
9. Title and address. The title and address of the board.
[1999, c. 146, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
|
|
|
|
