North Dakota · State Reference
North Dakota Auctioneer
License Requirements
North Dakota requires anyone conducting a sale as an auctioneer or auction clerk to register with the state. This is a state level requirement administered by the Secretary of State.
Requirements
- State registration is mandatory. Under North Dakota Century Code Section 51-05.1-01, a person may not conduct a sale as an auctioneer or clerk unless registered with the Secretary of State. This replaces the old Public Service Commission license, which is no longer issued.
- Must be 18 years old.
- Must pay a $35 registration fee.
- Registration is every year.
Regulatory Agency
The Public Service Commission stopped licensing and regulating auctioneers and auction clerks, and that authority moved to the North Dakota Secretary of State, effective January 1, 2024, under North Dakota Century Code Section 51-05.1-01. Anyone researching this requirement should be careful about outdated sources that still point to the Public Service Commission as the licensing authority.
Step by Step Process
- Submit your application to the North Dakota Secretary of State.
- Pay the $35 registration fee with your application.
- Receive your registration.
- Renew annually.
Trust Accounts
A clerk of an auction sale must maintain a separate trust account in a federally insured North Dakota depository, and deposit all funds that are not the clerk's own into it immediately.
Source: N.D. Cent. Code Section 51-05.1-05
Buyer's Premium Disclosure
If a buyer's premium applies, the successful bidder cannot be charged more than the bid amount plus government fees and taxes, unless the bidder signed a statement before bidding that clearly describes the additional amount and how it will be determined.
Source: North Dakota Century Code Section 51-05.1-04.2
Exemptions
North Dakota's licensing law exempts several categories of sales from the registration requirement, including sales by an executor or administrator, sales by a sheriff or other person acting under court order, sales by a public official acting in an official capacity, and sales of purebred or registered livestock.
Source: North Dakota Century Code Section 51-05.1-01.2
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- North Dakota Century Code, Title 51, Chapter 51-05.1, Auctioneers' and Clerks' Licenses
- North Dakota Administrative Code, Title 69, Article 69-08, Auctioneers and Auction Clerks
- North Dakota Secretary of State
Frequently Asked Questions
Do I need a license to be an auctioneer in North Dakota?
Yes, in the form of state registration. North Dakota law requires anyone conducting a sale as an auctioneer or auction clerk to be registered with the state.
Who regulates auctioneers in North Dakota?
As of January 1, 2024, the Secretary of State, not the Public Service Commission. The Public Service Commission handled this for decades but no longer issues auctioneer or auction clerk licenses.
Are any sales exempt from North Dakota's auctioneer registration requirement?
Yes. Sales by an executor or administrator, court ordered sales by a sheriff, sales by a public official in an official capacity, and sales of purebred or registered livestock are exempt, among other categories.