From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: A local charity is holding an auction to benefit victims of a house fire. Does the charity need to use a licensed auctioneer and include the auctioneer’s name and license number in the ad?

A: No, the Auctioneer and Auction Licensing Act, 63 P.S. § 734.1 et seq., exempts charities from the requirement of using a licensed auctioneer.

Generally, the law requires all auctions to be conducted by a licensed auctioneer, apprentice or auction house. The law also requires the name and license number of auctioneers and auction houses to appear in all auction advertisements. There are several exceptions to this general rule. One such exception allows unlicensed persons to conduct an auction by or on behalf of a charitable organization as long as the person conducting the sale receives no compensation. Charities that do not use the services of a licensed auctioneer are not required to list the name and license number of the auctioneer in their ads. The ad must contain the auctioneer’s name and license number only if the charity chooses to use a licensed auctioneer.

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