44-1261. Definitions; exemptions
A. In this article, unless the context otherwise requires:
1. "Consumer" means the purchaser, other than for purposes of resale, of a motor
vehicle, any person to whom the motor vehicle is transferred during the duration of an
express warranty applicable to the motor vehicle or any other person entitled by the
terms of the warranty to enforce the obligations of the warranty.
2. "Motor vehicle" means a self-propelled vehicle designated primarily for the
transportation of persons or property over the public highways.
3. "Used motor vehicle" means a motor vehicle that has been sold, bargained,
exchanged or given away or the title to which has been transferred from the person who
first acquired the vehicle from the manufacturer, importer or dealer or agent of the
manufacturer or importer and that has been placed in bona fide consumer use.
4. "Used motor vehicle dealer" means a person or business that sells or offers for
sale a used motor vehicle after selling or offering for sale four or more used motor
vehicles in the previous twelve months but does not include a bank or financial
institution, an insurance company, a business selling a used motor vehicle to an employee
of that business, a lessor selling a leased vehicle by or to the lessee of that vehicle
or to an employee of the lessee of that vehicle or a person who buys, sells, exchanges or
offers or attempts to negotiate a sale of or exchange an interest in a classic car as
defined in section 28-2483 or a historic vehicle as defined in section 28-2484.
B. If the motor vehicle is a motor home, the provisions of this article shall apply
to the self-propelled vehicle and chassis but not to those portions of the vehicle
designed, used or maintained primarily as a mobile dwelling, office or commercial space.
C. The provisions of this article do not apply to a sale of a motor vehicle to a
purchaser for the purpose of resale for profit or to a motor vehicle with a declared
gross weight over ten thousand pounds or that is sold at a public auction.
|