10 §1471. Definitions
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 217: USED CAR INFORMATION
§1471. Definitions
As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [1975, c. 770, §57 (NEW).]
1. Conspicuous. "Conspicuous or conspicuously" means that a term or clause is written or printed in a manner that so differentiates it from any accompanying matter that an ordinary person against whom it is to operate could be fairly presumed to have been made fully aware of the term or clause.
[ 1975, c. 770, §57 (NEW) .]
2. Dealer. "Dealer" means and includes a natural person, firm, corporation, partnership and any other legal entity that is engaged in the business of selling, offering for sale or negotiating the sale of used motor vehicles, except auction businesses licensed by the Secretary of State and includes the officers, agents and employees thereof. "Dealer" also includes, but is not limited to, persons licensed to engage in the business of selling, offering for sale or negotiating the sale of used motor vehicles in states other than this State, finance companies and banks, except when the finance company or bank engages in the wholesale sale of a repossessed vehicle through an auction business licensed by the Secretary of State or to a vehicle dealer licensed by the Secretary of State, car rental companies and insurance companies that sell or transfer title to used motor vehicles within the State at licensed auction locations in this State or by any other means. "Dealer" does not include departments or agencies of the State when selling, offering for sale or negotiating the sale of used state-owned motor vehicles.
[ 1989, c. 198, §1 (AMD); 1989, c. 684, §1 (AMD) .]
2-A. Extended service warranty. "Extended service warranty" means a service contract, not a warranty as that term is used in Title 11, Article 2, that promises service in exchange for a fee and may also be referred to as "extended service contract."
[ 2005, c. 476, §1 (NEW) .]
3. Mechanical defect. "Mechanical defect" means any defect, failure or malfunction of the mechanical system of a motor vehicle, including but not limited to the motor and transmission, electrical, hydraulic or suspension systems, and any defect, damage, failure or malfunction that affects the safety or normal use of a motor vehicle.
[ 1975, c. 770, §57 (NEW) .]
4. Motor vehicle. "Motor vehicle" means any self-propelled vehicle designed primarily to transport not more than 14 individuals, except motorcycles as defined in Title 29-A, section 101, subsection 38, and any vehicles operated exclusively on a rail or rails. This definition is intended to include motor trucks that have a gross vehicle weight of not more than 10,000 pounds.
[ 1997, c. 393, Pt. A, §16 (AMD) .]
5. Person. "Person" means and includes natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entities.
[ 1975, c. 770, §57 (NEW) .]
6. Purchaser. "Purchaser" means any person who has obtained ownership of a used motor vehicle from a dealer by transfer, gift or purchase.
[ 1975, c. 770, §57 (NEW) .]
6-A. Reconstructable motor vehicle. "Reconstructable motor vehicle" means a used motor vehicle that does not meet the inspection standards as set forth in Title 29-A, section 1751, and that is sold, offered for sale or negotiated for sale to a person other than another dealer for the purpose of transportation after repair or rebuilding.
[ 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. A, §19 (AMD); 1995, c. 65, Pt. C, §15 (AFF) .]
6-B. Seller. "Seller" means any person who sells a used motor vehicle to a dealer, including, but not limited to, individuals, other new or used motor vehicle dealers, motor vehicle manufacturers and insurance companies.
[ 1993, c. 112, §1 (NEW) .]
7. Used motor vehicle. "Used motor vehicle" means a motor vehicle that either has been once registered or is not covered by a manufacturer's new car warranty.
[ 1975, c. 770, §57 (NEW) .]
8. Warranty. Except as otherwise provided in this section, "warranty" has the same meaning in this chapter as in Title 11, Article 2, and includes any expression or affirmation of a dealer's willingness or ability to repair the vehicle, or make it conform to other affirmations or expressions of its qualities, communicated in any manner to a purchaser at or before the agreement to sell.
[ 2005, c. 476, §2 (AMD) .]
SECTION HISTORY
1975, c. 770, §57 (NEW). 1985, c. 429, §1 (AMD). 1985, c. 569, §1 (AMD). 1989, c. 198, §1 (AMD). 1989, c. 684, §1 (AMD). 1993, c. 112, §1 (AMD). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §§A18,19 (AMD). 1997, c. 393, §A16 (AMD). 2005, c. 476, §§1,2 (AMD).