(a) No person engaged in the business of or acting in the capacity of an auctioneer or an affiliate auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or affiliate auctioneer without first alleging and proving that the person was a duly licensed auctioneer or affiliate auctioneer at the time the alleged cause of action arose.

Terms Used In Tennessee Code 62-19-119

  • Affiliate auctioneer: means an individual who, for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by a principal auctioneer to deal or engage in any activity described in subdivision (9). 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
  • Person: includes an individual, association, partnership, corporation, and the officers, directors, and employees of a corporation. See Tennessee Code 62-19-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) No affiliate auctioneer shall have the right to institute a suit in the affiliate auctioneer’s own name for the recovery of a commission, fee or compensation for services as an affiliate auctioneer, but any such action shall be instituted and brought by the licensed auctioneer employing the affiliate auctioneer.
(c) Nothing contained in this section shall be construed so as to prevent a licensed affiliate auctioneer from suing the affiliate auctioneer’s employing auctioneer for any compensation, fees or commissions due the affiliate auctioneer from the auctioneer.
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