28-4333

28-4333. Licensing requirement;
exemptions

A. A new motor vehicle shall not be sold in this state unless either the
manufacturer on direct dealerships of domestic vehicles, the importer of foreign
manufactured vehicles on direct dealerships or the distributor on indirect dealerships of
either domestic or foreign vehicles is licensed as provided in this chapter. Obtaining
the license conclusively establishes that the manufacturer, distributor or importer is
subject to the laws of this state regulating manufacturers, importers and distributors.

B. An organization that has qualified for an exemption from taxation of income
under section 43-1201, paragraph 1, 2, 4, 5, 6, 7, 10 or 11 may sell a donated used motor
vehicle without obtaining a license under this chapter, subject to the following:

1. The nonprofit organization shall maintain the tax exempt status until any monies
received from the sale of the used motor vehicle have been expended and a member,
director, officer, employee or agent of the nonprofit organization shall not receive any
direct or indirect pecuniary benefit from the sale of the used motor vehicle.

2. The nonprofit organization shall have been in existence continuously in this
state for a five year period immediately before the sale of the used motor vehicle.

3. The nonprofit organization shall sell the used motor vehicle by consignment
using a licensed motor vehicle dealer.

4. Notwithstanding section 28-2058, the nonprofit organization is not required to
obtain a new certificate of title or registration for the donated motor vehicle but shall
assign the certificate of title to the licensed motor vehicle dealer for ultimate
assignment to the retail purchaser of the motor vehicle.

5. The nonprofit organization shall maintain the motor vehicle financial
responsibility requirements prescribed by chapter 9, article 4 of this title if operating
the motor vehicle including operating the motor vehicle to the place of consignment.

6. The nonprofit organization may operate the donated motor vehicle to the place of
consignment without purchasing the one trip registration permit required by section
28-2155.

C. Notwithstanding any other provision of this chapter, a person who receives or
does not receive consideration for providing a purchaser the opportunity to purchase a
motor vehicle from a licensed new motor vehicle dealer at a price that does not exceed a
certain amount is not required to be licensed as a motor vehicle dealer or broker under
this chapter if the person does not participate in the negotiation of the actual price
paid, the delivery terms or any other terms related to the purchase of the vehicle.