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PARRIS N. GLENDENING, Governor
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Ch. 26
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(2) THE PERSON IS NOT A PARTY TO THE MOTOR VEHICLE AGREEMENT;
(3) THE PERSON:
(I) TRANSFERS OR ASSIGNS, OR PURPORTS TO TRANSFER OR
ASSIGN, A RIGHT OR INTEREST IN THE MOTOR VEHICLE OR UNDER A MOTOR
VEHICLE AGREEMENT TO A PERSON WHO IS NOT A PARTY TO THE MOTOR VEHICLE
AGREEMENT; OR
(II) ASSISTS, CAUSES, NEGOTIATES, ATTEMPTS TO NEGOTIATE, OR
ARRANGES AN ACTUAL OR PURPORTED TRANSFER OF A RIGHT OR INTEREST IN THE
MOTOR VEHICLE OR UNDER A MOTOR VEHICLE AGREEMENT FROM A PERSON,
OTHER THAN THE LESSOR OR SECURED PARTY, WHO IS A PARTY TO THE MOTOR
VEHICLE AGREEMENT;
(4) NEITHER THE PERSON NOR THE PARTY TO THE MOTOR VEHICLE
AGREEMENT OBTAINS WRITTEN CONSENT TO THE TRANSFER OR ASSIGNMENT FROM
THE LESSOR OR SECURED PARTY BEFORE CONDUCTING THE ACTS DESCRIBED IN
ITEM (3) OF THIS SUBSECTION; AND
(5) THE PERSON RECEIVES OR INTENDS TO RECEIVE A COMMISSION,
COMPENSATION, OR OTHER CONSIDERATION FOR ENGAGING IN THE ACTS
DESCRIBED IN ITEM (3) OF THIS SUBSECTION.
(C) DEFENSE.
(1) IT IS NOT AN ACT OF UNLAWFUL SUBLEASING OF A MOTOR VEHICLE
UNDER THIS SECTION IF THE ACTS UNDER SUBSECTION (B)(3) OF THIS SECTION ARE
ENGAGED IN BY A PERSON WHO IS:
(I) A PARTY TO THE MOTOR VEHICLE AGREEMENT; OR
(II) A DEALER OR VEHICLE SALESMAN LICENSED UNDER TITLE 15
OF THE TRANSPORTATION ARTICLE AND ENGAGED IN VEHICLE SALES WHO ASSISTS,
CAUSES, OR ARRANGES A TRANSFER OR ASSIGNMENT UNDER THE TERMS OF AN
AGREEMENT FOR THE PURCHASE OR LEASE OF ANOTHER MOTOR VEHICLE.
(2) PARAGRAPH (1) OF THIS SUBSECTION DOES NOT AFFECT THE
ENFORCEABILITY OF A PROVISION OF A MOTOR VEHICLE AGREEMENT BY A PARTY
TO THE AGREEMENT.
(3) A PARTY TO A MOTOR VEHICLE AGREEMENT MAY NOT BE
PROSECUTED UNDER THIS SECTION AS AN ACCESSORY TO THE ACT OF UNLAWFUL
SUBLEASED OF THE MOTOR VEHICLE THAT IS SUBJECT TO THE MOTOR VEHICLE
AGREEMENT.
(D) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $5,000 OR BOTH.
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- 615 -
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