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PARRIS N. GLENDENING, Governor
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Ch. 448
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Section 15-302
Annotated Code of Maryland
(1999 Replacement Volume and 2001 Supplement)
BY adding to
Article - Transportation
Section 27-101(v)
Annotated Code of Maryland
(1999 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Transportation
15-101.
(b) (1) "Dealer" means, except as provided in paragraph (3) of this
subsection, a dealer in vehicles of a type required to be registered under Title 13 of
this article.
(2) (I) "Dealer" includes:
[(i)] 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 [five] THREE or more of these vehicles, the ownership of which was acquired for
resale purposes; and
[(ii)] 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 (1)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-SUB PARAGRAPH 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;
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- 3673 -
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