Auctioneer License Requirements in North Dakota
State registration. North Dakota replaced auctioneer licensing with a simple Secretary of State registration in 2024 — and online-only auctions are expressly outside the requirement entirely.
What Online Auctioneers Need to Know
A true online exemption: under N.D.C.C. § 51-05.1-04, a person conducting auctions exclusively via the internet is not an auctioneer or clerk under the chapter (internet auto auctions are the exception). If any live component exists, the registration and contract rules kick in.
The Rules in North Dakota
North Dakota repealed its auctioneer licensing regime effective January 1, 2024 (HB 1191), moving oversight from the Public Service Commission to a registration with the Secretary of State under N.D.C.C. chapter 51-05.1. The old bond requirement was repealed at the same time. Better still for online sellers: auctions conducted exclusively via the internet are expressly outside the chapter, except for internet auto auctions.
For covered (non-exempt) auctions, section 51-05.1-04.1 requires a written contract with four mandated items, retained two years, with consignments under $500 exempt. A distinctive rule sits in section 51-05.1-04.2: a buyer's premium is unenforceable unless the bidder signed a disclosure before bidding. Clerks keep proceeds in a trust account with immediate deposit and no commingling, and settlement is owed within a "reasonable time" rather than a fixed deadline.
Requirements at a Glance
- Secretary of State registration for covered auctioneers — licensing repealed effective January 1, 2024
- Exclusively-internet auctions exempt from the chapter, except internet auto auctions (N.D.C.C. § 51-05.1-04)
- Written contract with 4 mandated items for covered auctions, retained 2 years; under-$500 consignments exempt (§ 51-05.1-04.1)
- Buyer's premium unenforceable without a signed pre-bid disclosure (§ 51-05.1-04.2)
- Clerk trust account with immediate deposit, no commingling (§ 51-05.1-05); bond repealed
- Settlement within a "reasonable time" — no fixed statutory deadline
Authority: North Dakota Secretary of State. Statute: N.D.C.C. ch. 51-05.1.
Not legal advice. Auction law changes — several states have amended their online-auction rules since 2019. Verify current requirements with the licensing authority above (or your city/county clerk) before your first sale, and have a local attorney review your consignment contract.
Licensed (or Exempt)? Here's the Rest of the Path
The license is usually the easy part. The business itself — platform affiliation, sourcing consignments, cataloging, settlement — is laid out in how to start an online auction business, and the earning math is in how much auctioneers make.