As used in this chapter, unless the context otherwise requires:(1) 'Auction' means: (A) A sales transaction conducted in person or electronically by means of one (1) or more oral or written exchanges between an auctioneer and a member of his or her audience, which includes an invitation for an offer for the purchase of personal property made by the auctioneer and an offer to purchase made by a member of his or her audience and culminates in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience, if the sales transaction offers personal property:(i) Located within this state; or(ii) From a location within this state;(B) All transactions associated with what is commonly known and advertised as an estate sale in which an owner, homeowner, or representative of a deceased homeowner engages a person to offer for sale personal property at a specific location to liquidate some or all of the personal property: (i) Of the owner or homeowner; or(ii) Currently or formerly owned by a deceased homeowner; or(C) A sales transaction conducted in connection with any sale of personal property advertised as an auction or estate sale;(2) homeowner; or(ii) Currently or formerly owned by a deceased homeowner; or(C) A sales transaction conducted in connection with any sale of personal property advertised as an auction or estate sale;(2) 'Auction house' means an individual or entity that provides a facility for conducting an auction other than an estate sale;(3) 'Auctioneer' means any person who conducts an auction;(4) 'Goods' means any chattels, goods, merchandise, or personal property, or commodities of any form or type, which may be lawfully kept or offered for sale;(5) 'Livestock auction barn' means a place where livestock is sold on a regular basis to the public;(6) 'Livestock auction barn auctioneer' means an auctioneer who is solely engaged in the selling of livestock on a regular basis at one (1) or more locations; and(7) 'Persons' includes individuals, associations, partnerships, and corporations, and the word 'persons' shall also include the officers, directors, and employees of a corporation.Amended by Act 2023, No. 677,§ 2, eff. 8/1/2023.Amended by Act 2019, No. 386,§ 2, eff. 7/24/2019.Acts 1989, No. 266, § 3.
Arkansas Legal Code