La. Admin. Code tit. 46 § III-1101

Current through Register Vol. 50, No. 4, April 20, 2024

Section III-1101 - Auction Requirements

A. No person, firm, auction house, or corporation, or combination thereof shall sell, dispose of, or offer for sale at public auction or cause or permit to be sold, disposed of, or offered for sale at any public auction any property of whatsoever nature unless said auction is conducted by a duly licensed auctioneer and if such sale takes place at an auction house, by a duly licensed auction house.

B. Notwithstanding any other provision of law to the contrary, a person, firm or corporation, or combination thereof, may sell, dispose of, or offer for sale at any public auction any property of whatever nature without the necessity of any other license, provided that the auction is conducted by a person who is a duly licensed Louisiana auctioneer or Louisiana apprentice auctioneer working under the supervision of a Louisiana licensed auctioneer, whichever is applicable, or otherwise meets the exceptions in accordance with the provisions of this Chapter.

C. The auctioneer license is required in the state of Louisiana for all sales conducted within the state boundaries of the state of Louisiana and for the sales of all immovable and movable properties which are physically located in the state of Louisiana.

D. The following do not require an auctioneer license or an auction house license:

1. a sale conducted by order of any United States Court pursuant to Title 11 of the United States Code relating to bankruptcy.

2. a sale conducted by an employee of the United States or the state of Louisiana or its political subdivisions in the course and scope of his employment.

3. a sale conducted by a charitable or nonprofit organization. This exclusion is only available if the following applies:

a. the Internal Revenue Service has recognized the organization as a nonprofit or charitable organization, or the State of Louisiana has recognized the sale as one for a charitable benefit; and

b. the person conducting the auction as the auctioneer is not paid for his services;

4. a sale conducted by an individual of his own property if such individual is not engaged in the business of selling such property as an auctioneer on a regular basis:

a. anyone selling his own property at auction more than once in a rolling 12-month period will be considered to be in the business of auctioneering and be required to have a license.

b. if any third party's property is included with the individual's own property, the individual selling the property will be required to have a license;

5. a foreclosure sale of realty conducted personally by a trustee under a recorded deed of trust;

6. a foreclosure sale of personal property conducted personally by the mortgagee or other secured party or an employee of such mortgagee or other secured party acting in the course and scope of his employment under a recorded chattel mortgage or other security or agreement;

7. a sale conducted by sealed bid. This exclusion includes silent auctions unless there is an active solicitation of individual bids.

La. Admin. Code tit. 46, § III-1101

Promulgated by the Department of Commerce, Auctioneer Licensing Board, LR 11:336 (April 1985), amended by the Department of Economic Development, Auctioneers Licensing Board, LR 14:784 (November 1988), amended by the Office of the Governor, Auctioneers Licensing Board, LR 31:1325 (June 2005), Promulgated by the Office of the Governor, Auctioneers Licensing Board, LR 48491 (3/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3104 and R.S. 37:3105.