1. I. This chapter shall not apply to any auctions held by order or judgment of any court of the state or the United States or by any officer of a municipality, county, state of United States, foreclosure sales by mortgagees, lienholders, or holders of any other kinds of security interests in real, personal, or mixed property or to sales conducted or made by sheriffs, deputy sheriffs, constables, collectors of taxes, executors, administrators, guardians, conservators, receivers, assignees under voluntary assignments for the benefit of creditors or insurers, or by any other person required by law to sell real, personal, or mixed property, or as permitted under any other state or federal law.

2. II. Any resident member of a charitable, educational, religious or other nonprofit organization within the state may conduct a charity auction without a license for that organization, so long as the individual is not a member of the organization solely for the purpose of conducting the charity auction, and so long as the individual receives no compensation or other consideration for conducting the auction.

   II-a. Non-member individuals hired by a charitable, educational, religious, or other nonprofit organization within the state may engage in auctioneering services for charity auctions without a license for that organization. A contract for auctioneering services shall be in writing. No individual's contract shall involve the care, custody, or control of any of the auction's revenues. The repository for the auction's revenues shall be identified in the contract. The contract shall state the auctioneer's duties and compensation, if any, whether monetary or otherwise. The auctioneer shall not receive any commission from sales or a percentage of the revenues as compensation.

   II-b. For the purposes of paragraph II-a, a political advocacy organization, as defined in RSA 664:2, XXII, shall not be considered a charitable, educational, religious, or other nonprofit organization.

3. III. [Repealed.]
4. IV. Any individual may, without being licensed, sell his or her own personal property through competitive bidding, using any electronic or non-electronic means.

5. V. Any individual may, without being licensed, sell the personal property of another individual utilizing a service that assists such individual in accessing an online Internet marketplace, who does not take physical or legal possession of goods being sold, and who does not collect or transmit payment for transactions except by a secure money transmitter or other online payment transaction method. Such an individual may accept an associated fee, provided that such individual does not:

   1. (a) Represent by any verbal statement, sign, letterhead, card, or any other way that he or she is an auctioneer or able to perform auctioneering services; or
   2. (b) Use or otherwise assume in conjunction with the personal name, or advertise any title or description tending to convey the impression that such person is an auctioneer licensed under this chapter.
6. VI. Any auction conducted over the Internet shall be exempt from the requirements of this chapter.

Source. 1969, 469:1. 1987, 274:8. 2010, 291:12, eff. Jan. 1, 2011. 2018, 116:1, eff. July 28, 2018. 2024, 360:1, eff. Oct. 1, 2024.