2010 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 19 - Auctioneers
62-19-101 - Chapter definitions.

62-19-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Apprentice auctioneer” means any individual who, for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any activity defined in subdivision (3);

     (2)  “Auction” means a sales transaction conducted by means of oral or written exchange between an auctioneer and members of the audience, which exchange consists of a series of invitations for offers for purchase of goods or real estate made by the auctioneer and offers to purchase made by members of the audience culminating in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience;

     (3)  “Auctioneer” means any individual who, for a fee, commission or any other valuable consideration, or with the intention or expectation of receiving a fee, commission or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates or attempts to negotiate a listing contract, sale, purchase or exchange of goods;

     (4)  “Commission” means the Tennessee auctioneer commission;

     (5)  “Continuing education” means six (6) hours each renewal period;

     (6)  “Firm” means any person who, as part of the person's business, arranges, manages, sponsors, advertises or carries out auctions;

     (7)  “Goods” means any chattels, merchandise, real or personal property or commodities of any form or type that may lawfully be kept or offered for sale;

     (8)  “Person” includes an individual, association, partnership, corporation and the officers, directors and employees of a corporation;

     (9)  “Public automobile auction” means offering motor vehicles for sale to the highest bidder where buyers are members of the public by any motor vehicle dealer licensed to sell used motor vehicles and which dealer is licensed as a public automobile auctioneer by the Tennessee auctioneer commission; provided, that no public automobile auction shall otherwise limit the auctioning of used motor vehicles exclusively to licensed motor vehicle dealers or their duly authorized agents; and

     (10)  “Public automobile auctioneer” means any individual who, for a fee, commission or any other valuable consideration, or with the intention or expectation of receiving a fee, commission or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates or attempts to negotiate a listing contract, sale, purchase or exchange of goods, including motor vehicles.

[Acts 1967, ch. 335, § 1; 1976, ch. 824, § 1; 1978, ch. 569, § 1; T.C.A., § 62-1901; Acts 1983, ch. 250, § 1; 1997, ch. 91, § 7; 2008, ch. 724, § 1.]