The answer is a resolute “Yes”. The real question is, “Which one?” Let’s first begin with Chapter 21, Real Estate Brokers, Sales Persons, and Rental Location Agents. This is the chapter that spells out the statutory duties of real estate licensees overall and specifically we’ll take a look at § 54.1-2103. Exemptions from chapter.

      A. The provisions of this chapter shall not apply to:

            8. Any auctioneer licensed in accordance with Chapter 6 (§ 54.1-600 et seq.) of this title selling real estate at public auction when employed for such purpose by the owner of the real estate and provided the bidding at such auction is held open for no longer than forty-eight hours. An auctioneer shall not advertise that he is authorized to sell real estate. An auctioneer may advertise for sale at public auction any real estate when employed to do so as herein provided, and may advertise that he is authorized to auction real estate at public auction;

So, what does this mean? It means that auctioneers can be hired to sell real estate at a public auction so long as the auction is not held open for longer than 48 hours. If they conform to this, the auctioneer does not need a real estate license.  

We often get questions about auctioneers who are also real estate licensees. Yes, you can have both licenses; it’s not a problem at all. If you are a dual licensee or encounter one selling real estate at auction, the best thing to ask yourself is, “What role is being practiced?” Auctioneers and Real Estate Licensees have very distinct duties and there is no overlap, you are either acting as an auctioneer or as a real estate licensee.  

For more information on auctioneer regulations, you can visit the Auctioneers Board website. It is important to note the earlier exemption: auctioneers do not need a real estate license if they follow the auction process above. If they do not follow the exemption then not only do they need a real estate license, but they have to follow all the applicable real estate regulations.  

A common follow-up question is, “How does this look on the Multiple Listing Service (MLS)?” Some MLSs do allow auctions to be posted. Auction listings can look like a “regular” listing, or they can have unusually low prices. Sometimes there is a notification that there is an auction, or the information is in the public remarks. Other times, they have the information on how to enter the auction, etc. There is no “one size fits all”, and MLSs are allowed to create whatever rules they see fit to address auctions of real estate.  

If you have a question about how auctions should be posted, please contact your MLS.