North Dakota § 51-05.1-04 Definitions - Exceptions

North Dakota Statutes

§ 51-05.1-04 — Definitions - Exceptions

North Dakota § 51-05.1-04

Title 51Sales and Exchanges

Ch. 51-05.1Auctioneers' and Clerks' Licenses

This text of North Dakota § 51-05.1-04 (Definitions - Exceptions) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 51-05.1-04 (2026).

Text

1.Except as provided in subsection 5, an auctioneer within the meaning of this chapter is a person who, for a compensation or valuable consideration, sells or offers for sale either real or personal property at public auction as a whole or partial vocation.

2.Except as provided in subsection 5, a clerk within the meaning of this chapter is any person, firm, partnership, copartnership, association, corporation, or limited liability company who, for a compensation or valuable consideration, is employed either directly or indirectly by an owner while the sale is in progress to record each item offered for sale, its selling price, and the buyer's name or number; to collect all proceeds of said sale; to pay all expenses connected with the sale; to prepare a full closing statement of all recei

Free access — add to your briefcase to read the full text and ask questions with AI

1. Except as provided in subsection 5, an auctioneer within the meaning of this chapter is
a person who, for a compensation or valuable consideration, sells or offers for sale
either real or personal property at public auction as a whole or partial vocation.
2. Except as provided in subsection 5, a clerk within the meaning of this chapter is any
person, firm, partnership, copartnership, association, corporation, or limited liability
company who, for a compensation or valuable consideration, is employed either
directly or indirectly by an owner while the sale is in progress to record each item
offered for sale, its selling price, and the buyer's name or number; to collect all
proceeds of said sale; to pay all expenses connected with the sale; to prepare a full
closing statement of all receipts and disbursements; and to make settlement thereon
to parties properly entitled thereto within a reasonable length of time.
3. "Internet auction" means the selling or offering for sale either real or personal property
at public auction exclusively via the internet.
4. "Seller" means the owner or consignor of property to be sold at auction.
5. A person performing a single act or an isolated transaction in the selling of property at
auction for another does not constitute the person performing, offering, or attempting
to perform any of the acts enumerated in this section, and that person is not an
auctioneer or clerk within the meaning of this chapter. A person conducting, or
employed by a person conducting, an internet auction is not an auctioneer or clerk
within the meaning of this chapter.
6. Notwithstanding subsection 5, a person in this state engaged in the auto auction
business via the internet must be licensed as a motor vehicle dealer as provided for in
section 39-22-23.