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O.C.G.A. § 43-6-1

Definitions

§ 1; Ga

As used in this chapter, the term:

73 C.J.S., Public Administrative Law and Procedure, § 115 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R.

Regulations affecting auctions or auctioneers, 31 A.L.R. 299; 39 A.L.R. 773; 111

Effect on auction sale of by-bidding or puffing, 46 A.L.R. 122.

Title to goods, as between purchaser from, and one who entrusted them to, auctioneer, 36 A.L.R.2d 1362.

Withdrawal of property from auction sale, 37 A.L.R.2d 1049.

Regulation and licensing of jewelry auctions, 53 A.L.R.2d 1433.

Auctioneer’s action for commissions against seller, 38 A.L.R.4th 170.

Liability of auctioneer under doctrine of strict products liability, 83 A.L.R.4th 1188.

(1) “Absolute auction” shall mean that ownership and title of real or personal property offered at auction must be conveyed to the high bidder without reservation and without any competing bids of any type by the owner or an agent of the owner of the property.

(2) Reserved.

(3) “Auction business” or “business of auctioning” means the performing of any of the acts of an auctioneer, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by

process of an auction or sale at auction or offering, negotiating, or attempting to negotiate a listing contract for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale.

(4) “Auction with reserve” shall mean that the seller reserves the right to refuse any and all bids.

(5) “Auctioneer” means any person who, for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale and has been duly licensed, as provided in this chapter.

(6) “Commission” means the Georgia Auctioneers Commission.

(7) “Company” means an association, partnership, limited liability company, corporation, or sole proprietorship and shall also include the officers, directors, members, and employees of such entities.

(8) “Goods” means any chattel, goods, merchandise, real or personal property, or commodities of any form or type which lawfully may be kept or offered for sale.

(9) “Person or persons” means an individual.

(10) “Ringperson” means any person employed directly by an auctioneer or auction company responsible for a sale who assists the auctioneer in the conduct of an auction, provided that such person shall not be permitted to call or chant a bid or negotiate a listing contract.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.