Frequently Asked Questions - Advertising
My auction ads are placed under the name of my auction company and I include my license number in the ad, does this meet the requirement?
No. The Board only licenses individuals and, as such, this requirement means that the name of the individual auctioneer (and license number) must appear in each advertisement of an auction [see 32 MRSA §291 and Board rule: Chapter 50 (1)]. Auction companies are not licensed by the Board. An advertisement for auction that only includes the name of the auction company is not in compliance with State law and Board rule. Failure to comply with these provisions may subject the licensee to disciplinary action.
I am a licensed auctioneer and have been asked to conduct a real estate auction. I am aware that the auctioneer law (32 M.R.S.A. §297) limits the auctioneer’s role to calling bids unless the auctioneer holds a real estate license and complies with the real estate brokerage laws. Please clarify for me how I would advertise the real estate auction?
Response: To comply with the auctioneer licensing requirements, an advertisement for the sale of real estate by auction that is to include any details about the real estate should be a joint advertisement issued by the auctioneer and either: a) the owner of the real estate; b) the attorney for the owner of the real estate; or c) a real estate brokerage company. The ad must clearly differentiate the auction promotion information from the property promotion information and the respective responsibility for each. The auction information concerning date, time, location and auction conditions must clearly identify the responsible auctioneer by name and license number. The property information must clearly direct the public to the owner, owner’s attorney or the real estate brokerage company for more information on the property and must provide contact information for that person that is separate from the auctioneer, unless the auctioneer is also a licensee of the Real Estate Commission. Any brochures or information printed for the real estate auction would be required to meet the same standard.
In short, auctioneers, who do not also hold a real estate broker license, are limited to advertising procedural details of the sale of real estate by auction and may only, call bids on the day of the auction. Substantive information on the real estate for sale must be provided to the public by the owner, the owner’s representative or a real estate broker.
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Last Updated: February 26, 2015