225 ILCS 407/5-10 — Illinois Code / Chapter 225 / Act 407 / Section 5-10
Section 5-10
Status: in_force

(225 ILCS 407/5-10) (Text of Section before amendment by P.A. 104-145) (Section scheduled to be repealed on January 1, 2030) Sec. 5-10. Definitions. As used in this Act: "Advertisement" means any written, oral, or electronic communication that contains a promotion, inducement, or offer to conduct an auction or offer to provide an auction service, including but not limited to brochures, pamphlets, radio and television scripts, telephone and direct mail solicitations, electronic media, and other means of promotion. "Advisory Board" or "Board" means the Auctioneer Advisory Board. "Auction" means the sale or lease of property, real or personal, by means of exchanges between an auctioneer and prospective purchasers or lessees, which consists of a series of invitations for offers made by the auctioneer and offers by prospective purchasers or lessees for the purpose of obtaining an acceptable offer for the sale or lease of the property, including the sale or lease of property via mail, telecommunications, or the Internet. "Auction contract" means a written agreement between an auctioneer or auction firm and a seller or sellers. "Auction firm" means any corporation, partnership, or limited liability company that acts as an auctioneer and provides an auction service. "Auction school" means any educational institution, public or private, that offers a curriculum of auctioneer education and training approved by the Department. "Auction service" means the service of arranging, managing, advertising, or conducting auctions. "Auctioneer" means a person or entity who, for another, for a fee, compensation, commission, or any other valuable consideration at auction or with the intention or expectation of receiving valuable consideration by the means of or process of an auction or sale at auction or providing an auction service, offers, negotiates, or attempts to negotiate an auction contract, sale, purchase, or exchange of goods, chattels, merchandise, personal property, real property, or any commodity that may be lawfully kept or offered for sale by or at auction. "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department. "Buyer premium" means any fee or compensation paid by the successful purchaser of property sold or leased at or by auction, to the auctioneer, auction firms, seller, lessor, or other party to the transaction, other than the purchase price. "Department" means the Department of Financial and Professional Regulation. "Division" means the Division of Real Estate within the Department. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file maintained by the Department's licensure maintenance unit. "Goods" means chattels, movable goods, merchandise, or personal property or commodities of any form or type that may be lawfully kept or offered for sale. "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet. "Internet auction listing service" means a website on the Internet, or other interactive computer service, that is designed to allow or advertise as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an online bid submission process using that website or interactive computer service and that does not examine, set the price, prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer. "Licensee" means any person licensed under this Act. "Managing auctioneer" means any person licensed as an auctioneer who manages and supervises licensees. "Person" means an individual, association, partnership, corporation, or limited liability company or the officers, directors, or employees of the same. "Pre-renewal period" means the 24 months prior to the expiration date of a license issued under this Act. "Real estate" means real estate as defined in Section 1-10 of the Real Estate License Act of 2000 or its successor Acts. "Secretary" means the Secretary of Financial and Professional Regulation or his or her designee. (Source: P.A. 100-534, eff. 9-22-17; 101-345, eff. 8-9-19.) (Text of Section after amendment by P.A. 104-145) (Section scheduled to be repealed on January 1, 2030) Sec. 5-10. Definitions. As used in this Act: "Advertisement" means any written, oral, or electronic communication that contains a promotion, inducement, or offer to conduct an auction or offer to provide an auction service, including but not limited to brochures, pamphlets, radio and television scripts, telephone and direct mail solicitations, electronic media, Internet online, and other means of promotion. "Advisory Board" or "Board" means the Auctioneer Advisory Board. "Auction" means the sale or lease of property, real or personal, by means of exchanges between an auctioneer and prospective purchasers or lessees, which consists of a series of invitations or bids for offers made by the auctioneer to prospective purchasers or lessees for the purpose of obtaining an acceptable offer for the sale or lease of property via mail, telecommunications, or the Internet online. "Auction contract" means a written agreement between an auctioneer or auction firm and a seller or sellers. "Auction firm" means any corporation, partnership, or limited liability company that acts as an auctioneer and provides an auction service. "Auction school" means any educational institution, public or private, that offers a curriculum of auctioneer education and training approved by the Department. "Auction service" means the service of arranging, managing, advertising, or conducting auctions. "Auctioneer" means a person or entity who, for another, for a fee, compensation, commission, or any other valuable consideration at auction or with the intention or expectation of receiving valuable consideration by the means of or process of an auction or sale at auction or providing an auction service, offers, negotiates, or attempts to negotiate an auction contract, sale, purchase, or exchange of goods, chattels, merchandise, personal property, real property, or any commodity that may be lawfully kept or offered for sale by or at auction. "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department. "Buyer premium" means any fee or compensation paid by the successful purchaser of property sold or leased at or by auction, to the auctioneer, auction firms, seller, lessor, or other party to the transaction, other than the purchase price. "Department" means the Department of Financial and Professional Regulation. "Division" means the Division of Real Estate within the Department. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file maintained by the Department's licensure maintenance unit. "Estate sale" means a sale for liquidation of personal property of an estate owned by one or more individuals, families, or legal representatives of the estate that is advertised and scheduled for a predetermined amount of time and to which the public is invited to participate in a negotiation or bid for the purchase of the personal property. "Estate sale service" means the performance of an auction service for the owners of personal property to be sold at an estate sale, where an auctioneer undertakes the responsibility of conducting the sale. "Estate sale service" does not include the sale of real property. "Goods" means chattels, movable goods, merchandise, or personal property or commodities of any form or type that may be lawfully kept or offered for sale. "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet. "Internet auction listing service" means a website on the Internet, or other interactive computer service, that is designed to allow or advertise as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an online bid submission process using that website or interactive computer service and that does not examine, set the price, prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer. "Licensee" means any person licensed under this Act. "Managing auctioneer" means any person licensed as an auctioneer who manages and supervises licensees. "Online auction" means an auction or auction service conducted by an auctioneer via a website on the Internet, an application, an interactive computer service, or other similar media. "Person" means an individual, association, partnership, corporation, or limited liability company or the officers, directors, or employees of the same. "Pre-renewal period" means the 24 months prior to the expiration date of a license issued under this Act. "Real estate" means real estate as defined in Section 1-10 of the Real Estate License Act of 2000 or its successor Acts. "Secretary" means the Secretary of Financial and Professional Regulation or his or her designee. (Source: P.A. 104-145, eff. 1-1-26.)