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PA Auctioneer study materials
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PA Auctioneer: Practice Act (Act 85 of 1983) and Board Regulations

PA Auctioneer · Work through your exam, one topic at a time.

All guide sections

Practice Act (Act 85 of 1983) and Board Regulations

Statutory frame

Act 85 of 1983, 63 P.S. § 734.1 et seq., creates the State Board of Auctioneer Examiners and makes auctioneering a regulated occupation. The Board adopts regulations, typically at 49 Pa. Code Chapter 43, and administers licensing, examinations, renewals, complaints, and discipline. The Act defines key terms-auction, auctioneer, apprentice, auction company, trading assistant-and prohibits unlicensed practice.

What the Board enforces

  • Licensing and renewal: accurate applications, fees, required experience/coursework, continuing education, and timely renewal.
  • Practice formalities: written contracts with sellers, clear settlement terms, records of sales and bids, proper handling of funds, and advertising that does not mislead.
  • Entity accountability: licensed companies must identify a responsible licensed auctioneer and ensure staff credentials match their duties.
  • Discipline: the Board may deny, suspend, revoke, or condition a license and impose penalties for violations, fraud, misrepresentation, incompetence, unprofessional conduct, or failure to cooperate. Due-process hearing rights apply, with appeal available as provided by law.

Worked example

An auctioneer takes consignments, deposits proceeds into a personal checking account, and pays sellers “when bookkeeping catches up.” The Act and regulations treat auction proceeds as fiduciary funds. Commingling and delayed settlement are recordkeeping and fiduciary violations even if every seller is eventually paid. The proper practice is a dedicated trust/escrow account, contemporaneous records, and settlement on the contracted timetable. The excuse “I was busy” does not cure the regulatory breach.

Traps

The Board regulates conduct, not just exam passage. A lapsed license is not a valid license. “The company is licensed” does not excuse an unlicensed individual. Oral side agreements do not override required written contract terms. Failure to respond to a Board inquiry can become a separate disciplinary problem.