What is an Auctioneer Bond?
Auctioneer bonds are a subset of the broader license bond category that must be filed with the government agency (city, county, state) responsible for regulating auction activity in the auctioneer’s jurisdiction as a condition of licensure. Many states handle auctioneer licensing directly, while others allow local municipalities to regulate and license auctioneers.
Auctioneer bonds must be issued by insurance carriers admitted in the state where the government agency requiring the bond resides. The insurance carrier issuing any surety bond, such as an auctioneer bond, will also be referred to as the “surety company” or the “bond company”. Auctioneer bonds refer to the auctioneer as the Principal, the surety bond company as the Obligor and the government agency as the Obligee.
Why is an Auctioneer bond required?
Auctioneers are required to purchase license bonds by state and local statutes to protect a government agency by transferring to a surety bond company the cost of ensuring the public is compensated for damages resulting from an auctioneer breaking auction license law. The surety company provides the government a guarantee (the surety bond) that the customers involved in a sale by auction held by a licensed auctioneer will receive payment for financial damages due to a violation of the statutes and regulations pertaining to the auctioneer license up to a limit specified in the bond (“penal sum” or “bond amount”). The bond company also directly receives claims from the public and determines the validity of claims. Ultimately, auctioneers are responsible for their actions and required by law to reimburse the surety company for any payments made under the bond or face indefinite license suspension.
Auctioneer bond violations triggering a bond payout may include an auctioneer failing to pay customers their auction proceeds and/or violating specific provisions and specifications of their license.
How much does an Auctioneer bond cost?
Auctioneer bonds generally cost between .5% and 1% of the bond amount with a minimum premium of $100.00
Example: $10,000 Auctioneer Bond Cost
| Credit Score | Premium Rate | Bond Cost |
|---|---|---|
| N/A | 1.0% | $100 |
Credit checks are not required for Auctioneer bonds.
How does the wording in the bond form impact the cost of an Auctioneer bond?
The bond form is a tri-party agreement which defines the rights and obligations of the government agency (obligee), surety company (obligor) and auctioneer (principal). While many bond forms use similar language, each bond form can be customized by the government agency requiring the specific bond and may contain provisions that increase potential costs for the surety company, which will ultimately be passed on to the auctioneer via higher bond premiums, stricter underwriting or collateral. The primary text to consider in an auctioneer bond surrounds (1) aggregate limits, (2) cancellation provisions and (3) forfeiture clauses.
Aggregate Limits
Bond forms always specify the penal sum defined as the maximum amount of financial damages any single party can recover from the bond related to a single claim occurrence. Most bond forms also contain a clause which limits the amount of financial damages from all parties and all claims to a specific amount (“aggregate limit”), usually the same amount as the penal sum. For example, a $15,000 auctioneer bond with an aggregate limit of $15,000 will pay out no more than $15,000, regardless of the number of damaged parties or claim occurrences. Auctioneer bonds without an aggregate limit will be more expensive than a bond with similar coverage containing an aggregate limit.
Cancellation Provisions
Most bonds contain a provision allowing for the surety company to cancel the bond (“Cancellation Provision”) by providing a notice to the auctioneer and government agency requiring the bond with the cancellation taking effect within a set period of time, usually 30 days (“Cancellation Period”). Cancellation provisions allow the surety company to cancel the bond for any reason, but most often due to the auctioneer failing to pay premiums due, claim payouts, or material changes in the auctioneer’s credit score. Auctioneer bonds with no cancellation provision or cancellation periods greater than 30 days will be more expensive than a bond with similar coverage containing a standard cancellation provision.
Forfeiture Clause
Surety bond claims are paid by surety companies to damaged parties to reimburse that party for the financial loss incurred up to the bond penalty amount. Certain bonds contain a clause which requires the surety company to pay the full bond penalty to the damaged party, regardless of the actual damages incurred (“Forfeiture Clause”). Auctioneer bonds with forfeiture clauses will be more expensive than a bond with similar coverage that does not contain the clause.