Nevada § 490.061 - “Off-highway vehicle dealer” defined

§ 490.061. “Off-highway vehicle dealer” defined

1. “ Off-highway vehicle dealer ” means any person who: (a) For compensation, money or other thing of value sells, exchanges, buys, offers

or displays for sale, negotiates or attempts to negotiate a sale or exchange of an

interest in an off-highway vehicle; (b) Represents that he or she has the ability to sell, exchange, buy or negotiate

the sale or exchange of an interest in an off-highway vehicle under this chapter or

in any other state or territory of the United States; (c) Receives or expects to receive a commission, money, brokerage fee, profit or any

other thing of value from the seller or purchaser of an off-highway vehicle; or (d) Is engaged wholly or in part in the business of selling off-highway vehicles or

buying or taking in trade off-highway vehicles for the purpose of resale, selling

or offering for sale or consignment to be sold or otherwise dealing in off-highway

vehicles, whether or not he or she owns the off-highway vehicles. 2. “ Off-highway vehicle dealer ” does not include: (a) An insurance company, bank, finance company, governmental agency or any other

person coming into possession of an off-highway vehicle, acquiring a contractual right

to an off-highway vehicle or incurring an obligation with respect to an off-highway

vehicle in the performance of official duties or under the authority of any court

of law, if the sale of the off-highway vehicle is to save the seller from loss or

pursuant to the authority of a court of competent jurisdiction; (b) A person, other than a long-term or short-term lessor, who is not engaged in the

purchase or sale of off-highway vehicles as a business but is disposing of off-highway

vehicles acquired by the owner for his or her use and not to avoid the provisions

of this chapter, or a person who sells not more than three personally owned off-highway

vehicles in any 12-month period; (c) Persons regularly employed as salespersons by off-highway vehicle dealers, licensed

under this chapter, while those persons are acting within the scope of their employment;

or (d) Persons who are incidentally engaged in the business of soliciting orders for

the sale and delivery of off-highway vehicles outside the territorial limits of the

United States if their sales of such vehicles produce less than 5 percent of their

total gross revenue.