Maine Revised Statutes Title 32 Sec. 286 – Exemptions to licensing
Current as of: 2023 | Check for updates
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1. Personal use. A person does not require a license in order to auction personal or real property that the person has maintained for that person’s use or personal property that the person’s parents, spouse or children have maintained for their own use.
[PL 1999, c. 146, §5 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 286
- Auction: means the offering of goods or real estate for sale by means of exchanges between an auctioneer and bidders. See Maine Revised Statutes Title 32 Sec. 284
- Auctioneer: means any person who conducts, advertises or offers that person's service to conduct auctions; contracts or offers to contract with consignors of real or personal property, with or without receiving or collecting a fee, commission or other valuable consideration; or sells or offers to sell property at auction. See Maine Revised Statutes Title 32 Sec. 284
- Contract: A legal written agreement that becomes binding when signed.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Person: means an individual. See Maine Revised Statutes Title 32 Sec. 284
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. Charitable, educational, religious or nonprofit organizations. This chapter does not apply to individuals who conduct a sale or auction for a charitable, educational, religious or other nonprofit organization as long as the nonprofit organization retains the total amount of the proceeds, with the exception of advertising fees, and the person conducting the sale or auction receives no fee for services.
[PL 1999, c. 146, §5 (NEW).]
3. Sheriffs, tax collectors, executors and administrators. This chapter does not apply to sheriffs or their deputies, constables, tax collectors, executors, administrators or any other officers authorized to sell property by order of any court.
[PL 1999, c. 146, §5 (NEW).]
4. Pedigreed animals. This chapter does not prohibit any person employed by the owner of pedigreed animals from selling those animals at public auction.
[PL 1999, c. 146, §5 (NEW).]
5. Mortgage foreclosure sales. This chapter does not apply to any individual conducting a mortgage foreclosure sale.
[PL 2015, c. 147, §6 (AMD).]
6. Tax-acquired property. This chapter does not apply to the sale by or on behalf of a municipality of any real or personal property acquired by that municipality for nonpayment of taxes.
[PL 1999, c. 146, §5 (NEW).]
7. Assistants. This chapter does not apply to a person assisting the auctioneer in conducting the auction sale if the auctioneer is physically present and assumes full responsibility for the auction sale. The assistant may not be a person who has had an auctioneer license denied, suspended or revoked in this State or in any other state.
[PL 2011, c. 286, Pt. C, §1 (AMD).]
8. Contracted Internet services. This chapter does not apply to an individual who takes possession of goods pursuant to a contract for the exclusive purpose of selling those goods over the Internet, unless otherwise licensed under this chapter.
[PL 2007, c. 61, §1 (AMD).]
SECTION HISTORY
PL 1999, c. 146, §5 (NEW). PL 2005, c. 349, §1 (AMD). PL 2007, c. 61, §1 (AMD). PL 2011, c. 286, Pt. C, §1 (AMD). PL 2015, c. 147, §6 (AMD).