Harford County, MD Auctions and Auctioneers

It shall be unlawful for any person to pursue the business or avocation of an auctioneer in the county without first obtaining from the Department of Inspections, Licenses and Permits for the county a license therefor.

§ 72-2 Term; fees.

Such license shall be renewable annually in July of each year, and the annual fee therefor shall be twenty-five dollars ($25.) for a resident of the county and fifty dollars ($50.) for a nonresident.

§ 72-3 Bond required.

No auctioneer's license shall be issued to any person, unless such person has also filed with the county his bond in the amount of five thousand dollars ($5,000.) to the county for the use and benefit of the county or any person dealing with him as auctioneer and conditional on his proper accounting, payment and delivery of any money or property entrusted to his care and possession while acting as an auctioneer. Such bond shall also be executed by a corporate surety licensed to do business in Maryland.

§ 72-4 Violations and penalties.

Any person violating §§ 72-1 through 72-3 shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not more than one hundred dollars ($100.), such fine to be paid into the general funds of the county treasury.

§ 72-5 Schedule of fees.

[Amended by Bill No. 86-49]

Whereas the County Council of Harford County, Maryland, finds that there is wide discrepancy in fees of auctioneers and whereas it is an appropriate legislative function of the County Council to recommend auctioneers fees, now, therefore, be it resolved by the County Council that the following fees shall be the schedule of fees for auctioneers, unless the parties, by contract, negotiate otherwise; or the court determines the fees; or the instrument providing for the sale sets the fees.

Sale of personal property other than leasehold property. On sales of personalty under a decree or order of court, an auctioneer will be allowed a fee pursuant to the following schedule:

(1)

Ten percent (10%) on the first ten thousand dollars ($10,000.).

(2)

Five percent (5%) on any amount in excess of ten thousand dollars ($10,000.).

(a)

The auctioneer will be entitled to a minimum fee of five hundred dollars ($500.).

(b)

In the event of the withdrawal of the sale, the auctioneer will be entitled to a fee of two hundred fifty dollars ($250.) plus actual expenses incurred.

Sale of real or leasehold property.

(1)

In sales of real property or leasehold interests, if the auctioneer attends and calls the sale but performs no other substantial services, the amount of compensation will be one-half of one percent (1/2 of 1%) of the total sales, provided that the minimum fee will not be less than one hundred fifty dollars ($150.) nor the maximum fee more than one thousand dollars ($1,000.). If the auctioneer attends and calls the sale and performs other substantial services, the amount of compensation will be computed pursuant to the following schedule:

(a)

Five percent (5%) on the first one thousand dollars ($1,000.).

(b)

Four percent (4%) on the next four thousand dollars ($4,000.).

(c)

Three percent (3%) on the next five thousand dollars ($5,000.).

(d)

Two percent (2%) on the next ninety thousand dollars ($90,000.).

(e)

One percent (1%) on any amount in excess of one hundred thousand dollars ($100,000.).

(2)

In the event of the withdrawal of the sale, the auctioneer will be entitled to a fee of one hundred fifty dollars ($150.) plus actual expenses incurred.

§ 72-6 (Reserved) [1]

[1]

Editor's Note: Former § 72-6, Additional services, was repealed by Bill No. 86-49.