Legislative Talking Points
Higher Level of Professionalism in the Industry
1. The license law ensures that auctioneers are held to a higher more professional standard. This protects the consumer since a certain level of competence can be assumed.
2. Statewide licensing helps professional auctioneers work anywhere in the state without additional municipal, township and/or county licensing/permits. This allows a professional to work efficiently and effectively when dealing with a client who has assets and properties in multiple areas.
3. Licensing creates additional work opportunities by allowing auctioneers to easily operate in other license states via reciprocity agreements. Likewise, this allows Wisconsin auctioneers living near a state border, the opportunity to serve clients in their nearby, yet out-of-state, communities.
1. Licensing requires that auctioneers complete continuing education classes every two years. This protects the consumer by ensuring the auctioneer is knowledgeable with all current regulations.
2. Licensed auctioneers must abide by State/Federal regulations including Uniform Commercial Code, Sherman ACT, ATF, and Bankruptcy Laws.
3. Since online auctions do not fall under current Wisconsin Auction Law, the same protections and rights afforded to individuals who work with a licensed professional do not apply.
4. Licensed auctioneers are required to
a. Have a signed contract with the seller.
b. Outline auction duties/expectations with seller.
c. Have auction funds in a protected registered trust account.
1. The DSPS Auctioneer Advisory Board reviews complaints from the public when the public feels they have been wronged by a live auction licensee. The Advisory Board will then forward legitimate complaints to the State for further investigation and possible disciplinary action. There is currently no accountability for online auctions/auctioneers since there is no license required.
2. The board or agency overseeing auctioneers can provide educational opportunities for auctioneers and/or the general public regarding auction law and items that fall under it.
3. Because online auctions are not licensed, the DSPS Auctioneer Advisory Board is unable to operate in the most effective and efficient manner since they are not permitted to review consumer complaints regarding online auctions.