AUCTIONEER FAQ'S

Disclaimer-the information contained in the question/answer format is intended for general reference only.  In any instance where there is a discrepancy between the question/answer format and the language in the Act or Rules (when promulgated), the Act or Rules govern.

Q. Must I obtain registration in order to conduct auctions in Michigan ?

A. Registration is optional. To use the title "registered auctioneer" it is necessary for a person to register with the Department.  If you do not use the word "registered" in any of your advertisements, etc., you do not have to register.

Q. What are the requirements to qualify as a registered auctioneer?

A. There are a few ways to qualify, all of them require the completion of the Department's application, along with one or more forms, and proper payment of fees:

1) If qualifying under the "grandfather clause", in addition to the application, registrants complete and sign an "AFFIDAVIT OF AUCTIONEER EXPERIENCE"  (proof that you conducted at least 12 auctions and been an auctioneer for at least three years), and mail it into the Department.  Approved applicants are exempt from taking the auctioneer examination.

2) Applicants that have completed an auctioneer educational course and one year of apprentice auctioneer experience, submit an application, an "APPRENTICE AUCTIONEER ACTIVITY LOG", and a copy of your auctioneer education program completion certificate. If approved, applicant will be notified by the Department that they may sign up for the auctioneer examination with PSI, LLC. Once the registrant passes the exam, they will be allowed to register.

3) Applicants that have completed two years of apprentice experience must submit an application, and an "APPRENTICE AUCTIONEER ACTIVITY LOG". If approved, applicant will be notified by the Department that they may sign up for the auctioneer examination with PSI, LLC. Once the registrant passes the exam, they will be allowed to register.

Q. How do I register to take the examination?

A. After receiving your completed forms and fees, approved applicants will be notified by the Department that they have qualified to register for the exam. Register by visiting the PSI Services, LLC (PSI) website at www.psiexams.com and follow the instructions. The Michigan Auctioneer Registration Examinations are administered via computer at PSI Assessment Centers by appointment only.

Q. What kind of auctioneer registration is available for business entities?

A. A corporation, partnership, limited liability company, association, or other legal entity may apply for registration if not less than one of its officers, partners, members, or managing agents is designated as a qualifying member. The qualifying member must have their own individual auctioneer's registration. The department issues an entity registration to the qualifying member upon that individual's fulfillment of the requirements. The qualifying member is responsible for exercising the supervision and control of the regulated activities to assure full compliance with this article and any rules that may be promulgated under it.

Q. What are the Continuing Education Requirements?

A. There are no continuing Education Requirements.

Q. Does Michigan offer reciprocity with any other states?

A. The Department does not currently have Reciprocity Agreements with any other state. Inquiries have been sent to the states that require licensure, and the website will be updated as more information is received.

Q. Can I auction real estate with my auctioneer registration?

A. An auctioneer is allowed to auction personal and real property. However, a real estate broker or attorney is necessary to close the sale of real property.

Q. Do I need to have a sales tax license?

A. If you are collecting sales tax, you need a sales tax license.  The general rule of thumb on sales tax at auction is that real estate, going out of business, complete liquidation, estate liquidations on site are all non-taxable. Inventory, consignment sales, estate liquidations that have been moved to a facility or another location are taxed. For more information, visit the Department of Treasury web address: http://www.michigan.gov/taxes/0,1607,7-238-43529---,00.html.

Q.  How can I find out if an auctioneer is registered?

A. This information is available at:

"Check a license" link.

Q. How can I file a complaint against an auctioneer?

A. The Department has a formal complaint intake process for members of the public. To file a complaint, and for additional information, complete a Statement of Complaint form at: http://www.dleg.state.mi.us/bcsc/forms/enf/lce-992.pdf.