HB 361 Summary

• Creates the Delaware Auctioneer and Auction Firm Licensing Act under Title 24, Chapter 56, establishing a licensing system for auctioneers and auction firms in the state.

• Establishes a 5-member Auctioneer Licensing Commission (with at least 3 licensed auctioneers) to issue licenses, conduct examinations, investigate violations, and discipline licensees.

• Sets minimum qualifications for auctioneer licensure including age 18+, high school diploma/GED, 80 hours of approved coursework, 15 auctions under supervision, examination passage, and license fees of up to $200.

• Requires written agreements between auctioneers/auction firms and sellers, maintains escrow accounts for funds, establishes a $5,000+ Recovery Fund supported by licensee assessments to compensate defrauded consumers with a $5,000 per-claim limit.

• Prohibits unlicensed auctioneering as a Class B misdemeanor and exempts certain sales (sheriff sales, livestock sales, charitable organizations, court-ordered sales) from licensing requirements.