GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 330

Short Title:  Motor Vehicle Dealer-Definition.	(Public)
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Sponsors: Representative Creech.
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Referred to:  Judiciary II.
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March 26, 1991

A BILL TO BE ENTITLED
AN ACT TO AMEND THE DEFINITION OF MOTOR VEHICLE DEALER.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-286(11) reads as rewritten:
"(11)	'Motor vehicle dealer' and 'dealer' mean any person, partnership, association, corporation, or entity which:
a.	For commission, money or other thing of value, buys, sells, exchanges (either outright or on conditional sale, bailment lease, chattel mortgage, or otherwise), or arranges, offers, attempts to solicit, or attempts to negotiate, on behalf of others a sale, purchase, or exchange of an interest in motor vehicles, whether or not the motor vehicles are owned by that person, partnership, association, corporation, or entity; or
b.	Is engaged, wholly or in part, in the business of selling new motor vehicles or new or used motor vehicles, or used motor vehicles only, whether or not the motor vehicles are owned by that person, partnership, association, or corporation; or
c.	Offers to sell, displays, or permits the display for sale of five or more motor vehicles within any 12 consecutive months.
The term 'motor vehicle dealer' or 'dealer' does not include:
		a.	Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court; or
		b.	Public officers while performing their official duties; or
		c.	Persons, other than corporations or other business entities primarily engaged in the leasing or renting of motor vehicles to others when selling or offering those vehicles for sale at retail, disposing of motor vehicles acquired for their own use and actually so used, when the same shall have been so acquired and used in good faith and not for the purpose of avoiding the provisions of this Article; or
		d.	Persons, firms or corporations who shall sell motor vehicles as an incident to their principal business but who are not engaged primarily in the selling of motor vehicles. This category includes finance companies who shall sell repossessed motor vehicles and insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance and who do not maintain a used car lot or building with one or more employed motor vehicle salesmen.
		e.	Persons, firms or corporations manufacturing, distributing or selling trailers and semitrailers weighing not more than 750 pounds and carrying not more than a 1,500 pound load.
		f.	A licensed real estate broker or salesman who sells a mobile home for the owner as an incident to the sale of land upon which the mobile home is located.
g.	An employee of an organization arranging for the purchase or lease by the organization of vehicles for use in the organization's business.
h.	Any publication, broadcast, or other communications media when engaged in the business of advertising, but not otherwise arranging for the sale of motor vehicles owned by others.
i.	Any person dealing solely in the sale or lease of vehicles designed exclusively for off-road use."
Sec. 2.  This act is effective upon ratification.