§19-2C-9. Written contracts; exception.

No person shall act as auctioneer on the sale at public auction of any goods, wares, merchandise or of any other property, real or personal, until he or she has entered into a written contract in duplicate with the owner or consignor of the property to be sold, containing the terms and conditions upon which the licensee receives or accepts the property for sale at auction. No apprentice auctioneer shall be authorized to enter into a contract without the written consent of his or her sponsoring auctioneer. All contracts shall be in the name of and on behalf of the sponsoring auctioneer.

The commissioner may require by rule the following:

(a) That written contracts between the auctioneer and the seller be made in duplicate;

(b) That the original contract is to be retained by the auctioneer for a period of six months;

(c) That one copy of the contract is to be furnished to each person that entered into the contract;

(d) That an apprentice auctioneer may not contract directly with a client but only through his or her sponsoring auctioneer;

(e) That an apprentice auctioneer may not engage in a sale with an auctioneer by whom he or she is not sponsored without first obtaining the written consent of his or her sponsoring auctioneer; and

(f) That on all contracts between an auctioneer and a seller there shall be a prominent statement indicating that the auctioneer is licensed by the department of agriculture and bonded in favor of the state of West Virginia.