Ark. Code Ann. § 17-17-104: Applicability - Exception

This chapter does not apply to: (1) Sales at an auction conducted by or under the direction of a public authority or pursuant to a judicial order or decree or to a sale by law required to be at auction; (2) An auction conducted by or for a nonprofit organization; (3) (A) An individual who offers his or her own goods for auction. (B) This exception does not apply: (i) To an auction of consigned goods; or (ii) If the auctioneer does not own or is not able to deliver immediate possession of the goods; (4) A livestock auction barn auctioneer; (5) An auction conducted over the internet by means of a website dedicated primarily to conducting auctions if: (A) The person conducting the auction is licensed as a used motor vehicle dealer; and (B) The property auctioned is within the scope of the license; or (6) The owner of an e-commerce website or online marketplace that facilitates or provides consumer-to-consumer or business-to-consumer sales through the website or online marketplace and provides buyer and seller protections to the participants. Amended by Act 2023, No. 677,§ 3, eff. 8/1/2023. Acts 1989, No. 266, § 4; 2009, No. 183, § 1.

This chapter does not apply to:

(1) Sales at an auction conducted by or under the direction of a public authority or pursuant to a judicial order or decree or to a sale by law required to be at auction;

(2) An auction conducted by or for a nonprofit organization;

(3) (A) An individual who offers his or her own goods for auction. (B) This exception does not apply: (i) To an auction of consigned goods; or (ii) If the auctioneer does not own or is not able to deliver immediate possession of the goods;

(A) An individual who offers his or her own goods for auction.

(B) This exception does not apply: (i) To an auction of consigned goods; or (ii) If the auctioneer does not own or is not able to deliver immediate possession of the goods;

(i) To an auction of consigned goods; or

(ii) If the auctioneer does not own or is not able to deliver immediate possession of the goods;

(4) A livestock auction barn auctioneer;

(5) An auction conducted over the internet by means of a website dedicated primarily to conducting auctions if: (A) The person conducting the auction is licensed as a used motor vehicle dealer; and (B) The property auctioned is within the scope of the license; or

(A) The person conducting the auction is licensed as a used motor vehicle dealer; and

(B) The property auctioned is within the scope of the license; or

(6) The owner of an e-commerce website or online marketplace that facilitates or provides consumer-to-consumer or business-to-consumer sales through the website or online marketplace and provides buyer and seller protections to the participants.