Mr. Joseph F. Schweidler
Secretary-Treasurer
N. C. Real Estate Licensing Board
Post Office Box 266
Raleigh, North Carolina 27602

Re: Real Estate Brokers and Salesmen; G. S. 93A-1 and G. S. 93A-2; Auctions and Auctioneers

Dear Mr. Schweidler:

In your letter of November 27, 1972, you write in part as follows:

"Our Board would like an opinion from your office as to whether groundmen at real estate auction sales are required to have real estate licenses in accordance with G.S. 93A-1 and 93A-2

"Groundmen are employed by real estate auctioneers to circulate through the crowd and to try and obtain bids which they in turn pass on to the auctioneer."

In this regard, G. S. 93A-1 makes it unlawful for any person to act as a real estate broker or real estate salesman or to directly or indirectly engage in the business of real estate broker or real estate salesman without first obtaining the necessary license issued by the North Carolina Real Estate Licensing Board according to the provisions of Chapter 93A of the General Statutes. In addition ' 93A-2 (a) defines a real estate broker as follows:

"A real estate broker within the meaning of this Chapter is any person, partnership, association, or corporation, who for a compensation or valuable consideration or promise thereof lists or offers to list, sells or offers to sell, buys or offers to buy, auctions or offers to auction (specifically not including a mere crier of sales), or negotiates the purchase or sale or exchange of real estate, or who leases or offers to lease, or sells or offers to sell leases of whatever character, or rents or offers to rent any real estate or the improvement thereon, for others." [Emphasis added]

In construing the above two statutory provisions, it is apparent that auctioneers, and by implication, those who assist auctioneers, are required to be licensed as real estate brokers within the scope of Chapter 93A of the General Statutes. However, G. S. 93A-2(a) specifically states that a mere crier of sale does not have to be licensed by the Real Estate Licensing Board. Therefore, it follows that any person who merely assists the crier of sales, even though he may originally be employed by an auctioneer, is not required to be licensed by the North Carolina Real Estate Licensing Board.

Very truly yours,

ROBERT MORGAN
Attorney General

James L. Blackburn
Assistant Attorney General