2010 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 19 - Auctioneers
62-19-103 - Exemptions.
The provisions of this chapter do not apply to:
(1) Any person acting as a receiver, trustee in bankruptcy, guardian, administrator, executor or other such person acting under order of any court;
(2) Any trustee acting under a trust agreement, deed of trust or will or any secured party selling collateral after default by a debtor in accordance with title 47, chapter 9;
(3) Any auction conducted by or under the direction of any governmental entity or pursuant to any judicial order or decree;
(4) Any auction conducted by or on behalf of any political party, church or charitable corporation or association, if the individual conducting the sale receives no compensation and does not, by advertising or otherwise, hold the individual out as available to engage in the sale of goods at auction;
(5) Any person performing acts in the regular course of or as an incident to the management of and investment in property owned or leased by the person, if the property was not acquired for the purpose of resale. When a sales tax, as provided by title 67, chapter 1, is not levied upon the sale of personal property, there is a presumption that the personal property was purchased for the purpose of resale;
(6) Any auction conducted for the sale of livestock sponsored through or in cooperation with the state department of agriculture or the University of Tennessee extension, or both;
(7) Any auctioneer conducting a sale of tobacco at or for a warehouse operated pursuant to title 43, chapter 19;
(8) Any livestock auction sale regulated by the United States department of agriculture packers and stockyards administration, if the sale uses:
(A) The shipper's proceeds account required by federal regulations; and
(B) A Tennessee licensed auctioneer; or
(9) Any fixed price or timed listings that allow bidding on an Internet web site but that do not constitute a simulcast of a live auction.
[Acts 1967, ch. 335, § 3; 1969, ch. 247, § 1; 1976, ch. 824, § 2; 1978, ch. 569, § 2; T.C.A., § 62-1903; Acts 1983, ch. 250, § 3; 1984, ch. 1000, §§ 1-4; 1986, ch. 915, § 1; 1991, ch. 485, § 4; 2006, ch. 533, § 1.]
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