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Ch. 437
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ROBERT L. EHRLICH, JR., Governor
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1. A person who is in the business of buying, selling, or
exchanging vehicles, including a person who during any 12-month period offers to
sell three or more of these vehicles, the ownership of which was acquired for resale
purposes; and
2. For the purposes of §§ 15-301 through 15-315, inclusive,
of this title, any person who sells vehicles, whether or not that person acquired the
vehicles for personal or business use, if the vehicles are displayed at a fixed location
used principally for the purpose of selling vehicles on a regular basis.
(ii) 1. For the purposes of subparagraph (i)1 of this paragraph, a
person who offers to sell three or more vehicles during any 12-month period is
presumed to have acquired the vehicles for resale purposes.
2. The vehicle owner has the burden of rebutting the
presumption established under sub-subparagraph 1 of this subparagraph by a
preponderance of the evidence.
(3) "Dealer" does not include:
(i) A public official who sells or disposes of vehicles in the
performance of his official duties;
(ii) An insurance company, finance company, bank, or other lending
institution licensed or otherwise authorized to do business in this State that, to save
it from loss, sells or disposes of vehicles under a contractual right and in the regular
course of its business;
(iii) A licensed auctioneer acting on behalf of a seller, secured party
or owner and where title does not pass to the auctioneer and the auction is not for the
purpose of avoiding the provisions of this title;
(iv) A receiver, trustee, personal representative, or other person
appointed by or acting under the authority of any court;
(v) Either a manufacturer or distributor who sells or distributes
vehicles to licensed dealers or a person employed by a manufacturer or distributor to
promote the sale of the vehicles of the manufacturer or distributor, if that
manufacturer, distributor, or person does not sell vehicles to retail buyers;
(vi) A person who sells or disposes of vehicles acquired and used for
personal or business use and not for the purpose of avoiding the provisions of this
title, if that person is not engaged in buying, selling, or exchanging vehicles as a
business;
(vii) An automotive dismantler and recycler who during the normal
course of business acquires a salvage vehicle and transfers the vehicle on a salvage
certificate. However, if the automotive dismantler and recycler rebuilds and sells
more than 5 vehicles during a 12-month period to a person other than another
automotive dismantler and recycler or licensed dealer, the automotive dismantler and
recycler must be licensed as a dealer under § 15-302 of this subtitle;
- 2265 -
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