State Codes and Statutes

Statutes > North-carolina > Chapter_85B > GS_85B-2

§ 85B‑2.  Activitiesgoverned by Chapter.

(a)        This Chapter shallapply to all auctions held in this State except the following:

(1)        Sales at auctionconducted by the owner of all of the goods or real estate being offered, or anattorney representing the owner, unless the owner's regular course of businessincludes engaging in the sale of goods or real estate by means of auction orunless the owner originally acquired the goods for the purposes of resale atauction;

(2)        Sales at auctionconducted by or under the direction of any public authority;

(3)        Sales conducted by areceiver, trustee, guardian, administrator or executor or any similarlyappointed person under order of any court or any person conducting a salepursuant to an order of a United States Bankruptcy Court or the agent orattorney of such person, receiver, trustee, guardian, administrator orexecutor;

(4)        Any sale required bylaw to be at auction;

(5)        Sale of livestock ata public livestock market authorized and regulated by the Commissioner of Agriculture;

(6)        Leaf tobacco salesconducted in accordance with the provisions of Chapter 106 of the GeneralStatutes;

(7)        Sale at auction ofautomobiles conducted under the provisions of G.S. 20‑77, or sale atauction of motor vehicles by a motor vehicle dealer licensed under Article 12,Chapter 20 of the General Statutes;

(8)        Sale at auction of aparticular breed of livestock conducted by an auctioneer who specializes in thesale of that breed when such sale is conducted under the auspices of alivestock trade association; provided that the sale is regulated by the Packersand Stockyards Act and the auctioneer is required to be bonded by the UnitedStates Department of Agriculture;

(9)        Sales conducted byand on behalf of any charitable or religious organization;

(9a)      Sales conducted byand on behalf of a civic club, not exceeding one sale per year;

(10)      Sales conducted by atrustee pursuant to a power of sale contained in a deed of trust on realproperty;

(11)      Sales of collateral,sales conducted to enforce carriers' or warehousemen's liens, sales of goods bya presenting bank following dishonor of a documentary draft, resales ofrightfully rejected goods, resales of goods by an aggrieved seller, or otherresales conducted pursuant to authority in Articles 2, 4, 7, and 9 of Chapter25 of the General Statutes (the Uniform Commercial Code).

(b)        The exceptionsprovided in subdivisions (2), (4), (9), (9a) and (11) of subsection (a) of thissection shall not apply to any person or entity engaged in the business oforganizing, arranging, or conducting auction sales for compensation or anyperson who or entity that accepts consignments to be sold at auction where theconsignor receives any proceeds from the sale.

(c)        The exceptionsprovided in subdivision (7) of subsection (a) of this section shall not applyto any auctioneer licensed pursuant to this Chapter employed to be anauctioneer of motor vehicles for a licensed motor vehicle dealer, whileconducting an auction for that dealer. (1973, c. 552, s. 2; 1977, c. 1115; 1983, c. 751, ss.2, 3; 1991 (Reg. Sess., 1992), c. 819, s. 2; 2004‑190, s. 5; 2005‑330,ss. 2, 3.)

State Codes and Statutes

Statutes > North-carolina > Chapter_85B > GS_85B-2

§ 85B‑2.  Activitiesgoverned by Chapter.

(a)        This Chapter shallapply to all auctions held in this State except the following:

(1)        Sales at auctionconducted by the owner of all of the goods or real estate being offered, or anattorney representing the owner, unless the owner's regular course of businessincludes engaging in the sale of goods or real estate by means of auction orunless the owner originally acquired the goods for the purposes of resale atauction;

(2)        Sales at auctionconducted by or under the direction of any public authority;

(3)        Sales conducted by areceiver, trustee, guardian, administrator or executor or any similarlyappointed person under order of any court or any person conducting a salepursuant to an order of a United States Bankruptcy Court or the agent orattorney of such person, receiver, trustee, guardian, administrator orexecutor;

(4)        Any sale required bylaw to be at auction;

(5)        Sale of livestock ata public livestock market authorized and regulated by the Commissioner of Agriculture;

(6)        Leaf tobacco salesconducted in accordance with the provisions of Chapter 106 of the GeneralStatutes;

(7)        Sale at auction ofautomobiles conducted under the provisions of G.S. 20‑77, or sale atauction of motor vehicles by a motor vehicle dealer licensed under Article 12,Chapter 20 of the General Statutes;

(8)        Sale at auction of aparticular breed of livestock conducted by an auctioneer who specializes in thesale of that breed when such sale is conducted under the auspices of alivestock trade association; provided that the sale is regulated by the Packersand Stockyards Act and the auctioneer is required to be bonded by the UnitedStates Department of Agriculture;

(9)        Sales conducted byand on behalf of any charitable or religious organization;

(9a)      Sales conducted byand on behalf of a civic club, not exceeding one sale per year;

(10)      Sales conducted by atrustee pursuant to a power of sale contained in a deed of trust on realproperty;

(11)      Sales of collateral,sales conducted to enforce carriers' or warehousemen's liens, sales of goods bya presenting bank following dishonor of a documentary draft, resales ofrightfully rejected goods, resales of goods by an aggrieved seller, or otherresales conducted pursuant to authority in Articles 2, 4, 7, and 9 of Chapter25 of the General Statutes (the Uniform Commercial Code).

(b)        The exceptionsprovided in subdivisions (2), (4), (9), (9a) and (11) of subsection (a) of thissection shall not apply to any person or entity engaged in the business oforganizing, arranging, or conducting auction sales for compensation or anyperson who or entity that accepts consignments to be sold at auction where theconsignor receives any proceeds from the sale.

(c)        The exceptionsprovided in subdivision (7) of subsection (a) of this section shall not applyto any auctioneer licensed pursuant to this Chapter employed to be anauctioneer of motor vehicles for a licensed motor vehicle dealer, whileconducting an auction for that dealer. (1973, c. 552, s. 2; 1977, c. 1115; 1983, c. 751, ss.2, 3; 1991 (Reg. Sess., 1992), c. 819, s. 2; 2004‑190, s. 5; 2005‑330,ss. 2, 3.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_85B > GS_85B-2

§ 85B‑2.  Activitiesgoverned by Chapter.

(a)        This Chapter shallapply to all auctions held in this State except the following:

(1)        Sales at auctionconducted by the owner of all of the goods or real estate being offered, or anattorney representing the owner, unless the owner's regular course of businessincludes engaging in the sale of goods or real estate by means of auction orunless the owner originally acquired the goods for the purposes of resale atauction;

(2)        Sales at auctionconducted by or under the direction of any public authority;

(3)        Sales conducted by areceiver, trustee, guardian, administrator or executor or any similarlyappointed person under order of any court or any person conducting a salepursuant to an order of a United States Bankruptcy Court or the agent orattorney of such person, receiver, trustee, guardian, administrator orexecutor;

(4)        Any sale required bylaw to be at auction;

(5)        Sale of livestock ata public livestock market authorized and regulated by the Commissioner of Agriculture;

(6)        Leaf tobacco salesconducted in accordance with the provisions of Chapter 106 of the GeneralStatutes;

(7)        Sale at auction ofautomobiles conducted under the provisions of G.S. 20‑77, or sale atauction of motor vehicles by a motor vehicle dealer licensed under Article 12,Chapter 20 of the General Statutes;

(8)        Sale at auction of aparticular breed of livestock conducted by an auctioneer who specializes in thesale of that breed when such sale is conducted under the auspices of alivestock trade association; provided that the sale is regulated by the Packersand Stockyards Act and the auctioneer is required to be bonded by the UnitedStates Department of Agriculture;

(9)        Sales conducted byand on behalf of any charitable or religious organization;

(9a)      Sales conducted byand on behalf of a civic club, not exceeding one sale per year;

(10)      Sales conducted by atrustee pursuant to a power of sale contained in a deed of trust on realproperty;

(11)      Sales of collateral,sales conducted to enforce carriers' or warehousemen's liens, sales of goods bya presenting bank following dishonor of a documentary draft, resales ofrightfully rejected goods, resales of goods by an aggrieved seller, or otherresales conducted pursuant to authority in Articles 2, 4, 7, and 9 of Chapter25 of the General Statutes (the Uniform Commercial Code).

(b)        The exceptionsprovided in subdivisions (2), (4), (9), (9a) and (11) of subsection (a) of thissection shall not apply to any person or entity engaged in the business oforganizing, arranging, or conducting auction sales for compensation or anyperson who or entity that accepts consignments to be sold at auction where theconsignor receives any proceeds from the sale.

(c)        The exceptionsprovided in subdivision (7) of subsection (a) of this section shall not applyto any auctioneer licensed pursuant to this Chapter employed to be anauctioneer of motor vehicles for a licensed motor vehicle dealer, whileconducting an auction for that dealer. (1973, c. 552, s. 2; 1977, c. 1115; 1983, c. 751, ss.2, 3; 1991 (Reg. Sess., 1992), c. 819, s. 2; 2004‑190, s. 5; 2005‑330,ss. 2, 3.)