RCW 18.11.050 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) “Auctioneer” means an individual who calls bids at an auction. (2) “Auction” means a transaction conducted by means of exchanges between an auctioneer and the members of his or her audience, constituting a series of invitations […]
RCW 18.11.060 Administration of chapter—Fees. This chapter shall be administered under chapter 43.24 RCW. The director shall set registration and renewal fees in accordance with RCW 43.24.086. If an auctioneer or auction company does not renew a license before it expires, the renewal shall be subject to payment of a penalty fee. [ 1986 c […]
RCW 18.11.070 License required—Exceptions. (1) It is unlawful for any person to act as an auctioneer or for an auction company to engage in any business in this state without a license. (2) This chapter does not apply to: (a) An auction of goods conducted by an individual who personally owns those goods and who […]
RCW 18.11.075 Secondhand property, when exempt. The department of licensing may exempt, by rule, secondhand property bought or received on consignment or sold at an auction conducted by a licensed auctioneer or auction company from RCW 19.60.050 or 19.60.055. [ 1993 c 348 § 1.]
RCW 18.11.085 Auctioneer certificate of registration—Requirements. Every individual, before acting as an auctioneer, shall obtain an auctioneer certificate of registration. To be licensed as an auctioneer, an individual shall meet all of the following requirements: (1) Be at least eighteen years of age or sponsored by a licensed auctioneer. (2) File with the department a […]
RCW 18.11.095 Auction company certificate of registration—Requirements. Every person, before operating an auction company as defined in RCW 18.11.050, shall obtain an auction company certificate of registration. (1) Except as provided in subsection (2) of this section, to be licensed as an auction company, a person shall meet all of the following requirements: (a) File […]
RCW 18.11.100 Nonresident auctioneers and auction companies. (1) Nonresident auctioneers and auction companies are required to comply with the provisions of this chapter, chapter 18.235 RCW, and the rules of the department as a condition of conducting business in the state. (2) The application of a nonresident under this chapter shall constitute the appointment of […]
RCW 18.11.121 Surety bond or security required. (1) Except as provided in this section, each auctioneer and each auction company shall as a condition to the granting and retention of a license have on file with the department an approved surety bond or other security in lieu of a bond. However, if an auction company […]
RCW 18.11.130 Written contract required—Penalty. No goods or real estate shall be sold at auction until the auctioneer or auction company has entered into a written contract or agreement with the owner or consignor in duplicate which contains the terms and conditions upon which the licensee receives or accepts the property for sale at auction. […]
RCW 18.11.140 Written records required—Penalty. Every person engaged in the business of selling goods or real estate at auction shall keep written records for a period of three years available for inspection which indicate clearly the name and address of the owner or consignor of the goods or real estate, the terms of acceptance and […]
RCW 18.11.150 Display of certificate of registration or renewal card required—Penalty. All auctioneers and auction companies shall have their certificates of registration prominently displayed in their offices and the current renewal card or a facsimile available on demand at all auctions conducted or supervised by the licensee. A person who violates this section shall be […]
RCW 18.11.160 License—Prohibition on issuance—Disciplinary action—License suspension. (1) Except as provided in RCW 9.97.020, no license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, […]
RCW 18.11.170 Unauthorized practice—Penalties. Any auctioneer and any auction company that conducts business within this state without a license or after the suspension or revocation of his or her license shall be fined by the department five hundred dollars for the first offense and one thousand dollars for the second or subsequent offense. [ 1986 […]
RCW 18.11.180 Compensation of nonlicensed person—Penalties. It shall be unlawful for a licensed auctioneer or licensed auction company to pay compensation in money or otherwise to anyone not licensed under this chapter to render any service or to do any act forbidden under this chapter to be rendered or performed except by licensees. The department […]
RCW 18.11.190 Actions for compensation for services. No action or suit may be instituted in any court of this state by any person, partnership, association, or corporation not licensed as an auctioneer and as an auction company to recover compensation for an act done or service rendered which is prohibited under this chapter. [ 1986 […]
RCW 18.11.200 Director—Authority to adopt rules. The director shall adopt rules for the purpose of carrying out and developing this chapter, including rules governing the conduct of inspections. [ 2002 c 86 § 211; 1986 c 324 § 16; 1982 c 205 § 18.] NOTES: Effective dates—2002 c 86: See note following RCW 18.08.340. Part […]
RCW 18.11.205 Director—Authority to impose administrative fines. The director shall impose and collect the administrative fines authorized by this chapter. Any administrative fine imposed under this chapter or the agency rules adopted pursuant to this chapter may be appealed under chapter 34.05 RCW, the administrative procedure act. Assessment of an administrative fine shall not preclude […]
RCW 18.11.210 Newspaper advertisements—Name and license number required—Penalty. All newspaper advertising regarding auctions that is purchased by an auctioneer or an auction company licensed under this chapter shall include the auctioneer’s or auction company’s name and license number. Any auctioneer or auction company that violates this section is subject to an administrative fine of one […]
RCW 18.11.220 Rights of clients. The client of an auctioneer or auction company has a right to (1) an accounting for any money that the auctioneer or auction company receives from the sale of the client’s goods, (2) payment of all money due to the client within twenty-one calendar days unless the parties have mutually […]
RCW 18.11.230 Trust account required for client funds. Auction proceeds due to a client that are received by the auctioneer or auction company and not paid to the client within twenty-four hours of the sale shall be deposited no later than the next business day by the auctioneer or auction company in a trust account […]
