§ 41-3-103 — Exceptions to "dealer" definition -- Dealer licensed in other state -- Direct-sale manufacturer -- Direct-sale manufacturer salesperson.

Under this chapter:
(1) (1)(a) An insurance company, bank, finance company, company registered as a title lender under Title 7, Chapter 24, Title Lending Registration Act, company registered as a check casher or deferred deposit lender under Title 7, Chapter 23, Check Cashing and Deferred Deposit Lending Registration Act, public utility company, commission impound yard, federal or state governmental agency, or any political subdivision of any of them or any other person coming into possession of a motor vehicle as an incident to its regular business, that sells the motor vehicle under contractual rights that it may have in the motor vehicle is not considered a dealer.
(1)(b) A person who sells or exchanges only those motor vehicles that the person has owned for over 12 months is not considered a dealer.
(2) (2)(a) A person engaged in leasing motor vehicles is not considered as coming into possession of the motor vehicles incident to the person's regular business.
(2)(b) A pawnbroker engaged in selling, exchanging, or pawning motor vehicles is considered as coming into possession of the motor vehicles incident to the person's regular business and must be licensed as a used motor vehicle dealer.
(3) A person currently licensed as a dealer or salesperson by another state or country and not currently under license suspension or revocation by the administrator may only sell motor vehicles in this state to licensed dealers, dismantlers, or manufacturers, and only at their places of business.
(4) Except as otherwise expressly provided:

(4)(a) a direct-sale manufacturer is subject to the same provisions under this chapter as a new motor vehicle dealer; and
(4)(b) a direct-sale manufacturer salesperson is subject to the same provisions under this chapter as a salesperson.
(5) Notwithstanding any provision of this chapter to the contrary, a direct-sale manufacturer:

(5)(a) may, without a franchise, sell, display for sale, or offer for sale or exchange a motor vehicle:
(5)(a)(i) if the direct-sale manufacturer is an electric vehicle manufacturer; or
(5)(a)(ii) if the direct-sale manufacturer is a low-volume manufacturer; and
(5)(b) may not sell, display for sale, or offer for sale or exchange a new motor vehicle that is not of the same line-make the direct-sale manufacturer manufactures.

Legislative History

Amended by Chapter 63, 2023 General Session