(a) Notwithstanding § 62-19-119, any auctioneer who performs auctioneering services and is subsequently denied payment for a commission or fee for services performed shall have a lien for the work upon the property that the auctioneer was hired to auction; provided, however, that the lien shall only extend to property that is owned by the person who has denied payment for a commission or fee for services performed by the auctioneer.

Terms Used In Tennessee Code 62-19-108

  • Auction: means a sales transaction conducted by oral, written, or electronic exchange between an auctioneer and members of the audience, consisting of a series of invitations by the auctioneer for offers to members of the audience to purchase goods or real estate, culminating in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience. See Tennessee Code 62-19-101
  • Auctioneer: means a principal auctioneer, bid caller auctioneer, or public automobile auctioneer. See Tennessee Code 62-19-101
  • Commission: means the Tennessee auctioneer commission. See Tennessee Code 62-19-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes an individual, association, partnership, corporation, and the officers, directors, and employees of a corporation. See Tennessee Code 62-19-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(b) Notice of the lien shall be filed within sixty (60) days after the date of the auction with the register’s office in the county or counties in which the property is located. The lien shall not be effective against a bona fide purchaser for value.
(c) The lien shall continue for a period of ninety (90) days from the date of filing in the register’s office in the county or counties in which the property is located and until the final termination of any suit for enforcement brought within that period.
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