Ohio Revised Code Chapter 4707 - Auctioneers

• Section 4707.01 - Auctioneer Definitions.
  As used in this chapter: (A) "Auction" means a method of sale of real or personal property, goods, or chattels, at a predetermined date...
• Section 4707.011 - Administration.
  The department of agriculture shall administer this chapter. Effective Date: 10-01-2001
• Section 4707.02 - Unlicensed Practice.
  (A) No person shall act as an auction firm, auctioneer, apprentice auctioneer, or special auctioneer within this state without a license issued by the...
• Section 4707.021 - Real Property Auctions.
  Only an auctioneer who is licensed under this chapter and who is licensed as a real estate broker or a real estate salesperson under...
• Section 4707.022 - Reserve Auction Presumed - Absentee Bidding - Agent Of Owner Or Consignee.
  (A) An auction shall be a reserve auction unless explicitly stated otherwise in the contract for the auction and in the terms and conditions...
• Section 4707.023 - Requirements For Absolute Auction - Bid By Licensee Or Seller.
  (A) No person licensed under this chapter shall advertise, offer for sale, or sell real or personal property by absolute auction unless all of...
• Section 4707.024 - Deposit Of Auction Proceeds In Escrow Or Trust Account - Disbursement.
  (A) Not later than seventy-two hours after the end of an auction, a person licensed under this chapter shall deposit in one or more...
• Section 4707.03 - State Auctioneers Commission.
  A state auctioneers commission shall be created within the department of agriculture as follows: (A) The governor, with the advice and consent of the...
• Section 4707.04 - Organization Of Commission.
  (A) The state auctioneers commission shall, upon qualification of the member or members appointed in each year, select from its members a chairperson, and...
• Section 4707.05 - Auctioneers Fund.
  Except as otherwise provided in section 4707.25 of the Revised Code, all fees and charges collected by the department of agriculture pursuant to this...
• Section 4707.06 - Record Of Auctioneers.
  The department of agriculture shall maintain a record of the names and addresses of all auction firms, auctioneers, apprentice auctioneers, and special auctioneers licensed...
• Section 4707.07 - Auctioneer's License Qualifications.
  (A) The department of agriculture may grant auctioneers' licenses to those individuals who are determined to be qualified by the department. Each individual who...
• Section 4707.071 - Persons Licensed As Auction Companies As Of 5-1-91.
  (A) On May 1, 1991, all persons licensed as auction companies under former section 4707.071 of the Revised Code shall comply with all provisions...
• Section 4707.072 - Nonresident One-auction License.
  The department may grant one-auction licenses to any nonresident individual who is determined to be qualified by the department. Any individual who applies for...
• Section 4707.073 - Auctioneer: Corporation, Limited Liability Company, Partnership, Or Association License.
  (A) No corporation, limited liability company, general or limited partnership, or unincorporated association shall act or hold itself out as an auctioneer without a...
• Section 4707.074 - Auction Firm License Required For Person Providing Auction Services.
  (A) A person who is not otherwise licensed under this chapter and who only provides auction services or holds the person's self out as...
• Section 4707.08 - Examinations.
  (A) The department of agriculture shall hold written examinations four times each year for the purpose of testing the qualifications required for obtaining a...
• Section 4707.09 - Apprentice Auctioneer's License Qualifications.
  The department of agriculture may grant apprentice auctioneers' licenses to those persons that are determined to be qualified by the department. Every applicant for...
• Section 4707.091 - Placement Of License On Deposit - Reacquisition - Proof Of Financial Responsibility.
  (A) Prior to the expiration of an auctioneer's or apprentice auctioneer's license, an auctioneer or apprentice auctioneer may submit an application to the department...
• Section 4707.10 - Fees - Renewals - Notice Of Name Or Address Change.
  (A) The fee for each apprentice auctioneer's or auction firm license issued by the department of agriculture is one hundred dollars, and the annual...
• Section 4707.11 - Proof Of Financial Responsibility.
  (A) Except as provided in division (B) of this section, each application for a license issued under this chapter shall be accompanied by proof...
• Section 4707.111 - State Is Sole Regulator Of Auctions.
  The state, through the department of agriculture and in accordance with this chapter, shall solely regulate auctioneers, auction firms, and the conduct of auction...
• Section 4707.12 - Reciprocity.
  A nonresident may operate as an auctioneer, apprentice auctioneer, or special auctioneer within the state by conforming to this chapter. The department of agriculture...
• Section 4707.13 - Consent To Service By Nonresidents.
  Any nonresident who applies for permission to operate as an auctioneer within this state shall file an irrevocable consent with the department of agriculture...
• Section 4707.14 - Definite Place Of Business.
  (A) Each person licensed under this chapter shall have a definite place of business in this state. (B) Except as provided in division (C)...
• Section 4707.15 - Disciplinary Actions.
  The department of agriculture may deny, refuse to renew, suspend, or revoke the license of any auction firm, auctioneer, apprentice auctioneer, or special auctioneer...
• Section 4707.151 - Bid Rigging Prohibition.
  (A) No person shall engage in bid rigging. (B) As used in this section, "bid rigging" means a conspiracy between auctioneers, apprentice auctioneers, special...
• Section 4707.152 - Written Reprimand For Violations.
  In lieu of suspending or revoking a license under section 4707.15 of the Revised Code, the department of agriculture may issue a written reprimand...
• Section 4707.16 - Complaints.
  (A) The department of agriculture may, upon its own motion, and shall, upon the verified written complaint of any person, investigate the actions of...
• Section 4707.17 - [Repealed].
  Effective Date: 12-15-1967
• Section 4707.171 - Auction Education Fund.
  There is hereby created in the state treasury the auction education fund. Seven dollars and fifty cents of each fee collected for an initial...
• Section 4707.18 - Actions For Compensation.
  No person engaged in the business of, or acting in the capacity of, an auction firm, auctioneer, or special auctioneer shall bring or maintain...
• Section 4707.19 - Administrative Rules.
  (A) The director of agriculture may adopt reasonable rules necessary for the implementation of this chapter in accordance with Chapter 119. of the Revised...
• Section 4707.20 - Written Contract Or Agreement In Duplicate Required.
  (A) Except when conducting an auction under division (B)(5)(b) of section 4707.02 of the Revised Code, no person shall act as an auction firm,...
• Section 4707.21 - Records And Information.
  No auction firm, auctioneer, apprentice auctioneer, or special auctioneer shall willfully neglect or refuse to furnish the department of agriculture statistics or other information...
• Section 4707.22 - Advertisements.
  (A) Any person licensed under this chapter who advertises, by linear advertisements or otherwise, to hold or conduct an auction shall indicate in the...
• Section 4707.23 - Effect Of Child Support Default On License.
  On receipt of a notice pursuant to section 3123.43 of the Revised Code, the department of agriculture shall comply with sections 3123.41 to 3123.50...
• Section 4707.24 - Provisions Inapplicable To One-time Residential Auction.
  Except for the purposes of divisions (A) and (B) of section 4707.25 of the Revised Code, sections 4707.25 to 4707.31 of the Revised Code...
• Section 4707.25 - Auction Recovery Fund.
  (A) The auction recovery fund is hereby created in the state treasury. The fund shall be administered by the director of agriculture. The treasurer...
• Section 4707.26 - Initiating Claim Against Recovery Fund.
  (A) (1) A person who asserts that the person has been aggrieved by the actions of a person licensed under this chapter that resulted...
• Section 4707.261 - Verified Application For Order Directing Payment Form Fund.
  A person who obtains a final judgment in a court of competent jurisdiction against a person licensed under this chapter, on the grounds of...
• Section 4707.262 - Determining Whether Recovery Should Be From Real Estate Or Auction Recovery Fund.
  A person who has sustained actual and direct losses in the course of a real estate auction transaction and who believes that they may...
• Section 4707.27 - Filing Notice Of Application.
  A person who applies to a court of common pleas for an order directing payment from the auction recovery fund under section 4707.261 of...
• Section 4707.28 - Order Directing Payment.
  (A) After receipt of an application that is filed under section 4707.261 of the Revised Code and that satisfies the requirements established under that...
• Section 4707.29 - Limitations On Recovery.
  The liability of the auction recovery fund shall not exceed fifty thousand dollars for losses involving violations committed by any one licensee, except that...
• Section 4707.30 - License Suspension.
  (A) As used in this section: (1) "Aggrieved party" means a person who has sustained actual and direct losses in an auction transaction involving...
• Section 4707.31 - Director's Discretion To Make Payment Without Order.
  Notwithstanding any other provision of this chapter to the contrary, the director of agriculture may, within the director's discretion, make a payment out of...
• Section 4707.32 - Recovery Against Auction Firm Or Firm And Licensed Auctioneer.
  (A) A person who asserts that the person has been aggrieved solely by the actions of an auction firm that resulted in actual and...
• Section 4707.33 - Compliance With Law Regarding Sanctions For Human Trafficking.
  The department of agriculture shall comply with section 4776.20 of the Revised Code. Added by 129th General AssemblyFile No.169, HB 247, §1, eff. 3/22/2013.
• Section 4707.99 - Penalty.
  (A) Whoever violates section 4707.02 of the Revised Code is guilty of a misdemeanor of the first degree on the first offense and a...

Last modified: October 10, 2016