Delaware · State Reference
Delaware Auctioneer
Requirements
Delaware does not require a state issued auctioneer license. No apprenticeship, education hours, exam, or bond requirement exists at the state level. Wine auctions are regulated as their own separate category.
Requirements
- No state auctioneer license. Delaware has no agency, board, or commission that issues a general auctioneer license.
- A general state business license is required for resident auctioneers ($75).
- Local permits may apply. Some municipalities or counties require their own permits, so it is worth checking with the specific city or county where the auction will be held.
- No apprenticeship, education hours, exam, or bond requirement exists at the state level, since there is no state auctioneer licensing (with the exception of wine auctions).
- Standard consumer protection laws still apply to every auction transaction, license or no license.
The Auctioneer Licensing Act That Never Took Effect
The state briefly considered creating a license through proposed legislation, the Auctioneer and Auction Firm Licensing Act, which would have established an Auctioneer Licensing Commission under Title 24 and required an exam covering ethics, land economics, bulk sales law, contracts of sale, agency, leases, and brokerage. That bill never took effect, and the chapter number it would have occupied in Title 24 is now used for an unrelated profession, confirming there is no active auctioneer licensing board in the state today.
Special Category: Wine Auctions
Delaware does regulate one narrow slice of the auction business directly: wine auctions. Under Title 4 of the Delaware Code, a person, partnership, or corporation that sells rare or fine wines on consignment at public auction must hold a Wine Auction license issued by the state's Alcoholic Beverage Control Commission. Auction companies can apply for a license to conduct up to 12 wine auctions per calendar year, and nonprofit organizations can apply for a separate gathering license covering up to 4 auctions per year. The 2-year fee for a standard wine auction license is $1,000. The nonprofit gathering license fee is $50 per event.
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Frequently Asked Questions
Do I need a license to be an auctioneer in Delaware?
No. Delaware has no state issued auctioneer license and no active auctioneer licensing board.
Has Delaware ever considered requiring a state auctioneer license?
Yes. Draft legislation, the Auctioneer and Auction Firm Licensing Act, would have created an Auctioneer Licensing Commission under Title 24. It never took effect, and that chapter number in the current Delaware Code now covers a different profession entirely.
Do I need a special permit to auction wine in Delaware?
Yes, if you are selling rare or fine wines on consignment at public auction. That requires a Wine Auction license from the state's Alcoholic Beverage Control Commission, separate from any general business license.