New York § 736 - 736Definitions

§ 736. 736Definitions

§ 736. Definitions. As used in this article: 1. "Automobile broker business" means any person who, for a fee, commission or other valuable consideration, regardless of whether such fee, commission, or consideration is paid directly by a consumer, offers to provide, provides, or represents that such automobile broker business will provide a service of purchasing, arranging, assisting, facilitating or effecting the purchase or lease of an automobile as agent, broker, or intermediary for a consumer. "Automobile broker business" does not include any person registered as a dealer pursuant to article sixteen of the vehicle and traffic law, only when operating in a manner pursuant to such registration under article sixteen of the vehicle and traffic law, any person registered under section four hundred fifteen-a of the vehicle and traffic law, only when operating in a manner described in section four hundred fifteen-a of the vehicle and traffic law, an automobile auctioneer, only when operating in the manner described in section twenty-three of this chapter, nor any bona fide employee of a registered dealer while acting for such dealer, or any person who sells, offers for sale or lease or acts as agent, broker or intermediary in effecting the purchase or lease of three or fewer automobiles in any calendar year, any national service which aggregates information for consumers, but does not otherwise have contact with consumers, or any motor vehicle franchisor, manufacturer, distributor, distributor branch or factory branch registered under article sixteen of the vehicle and traffic law. 2. "Consumer" means a natural person who is solicited to purchase or who purchases the services of an automobile broker business. 3. "Person" includes an individual, corporation, partnership, joint venture, or any other business entity. 4. "Place of business" means a designated permanent location at which the business of the automobile broker business is conducted.