§1471. Definitions






As used in this chapter, unless the context otherwise indicates, the following words
shall have the following meanings. [1975, c. 770, §57 (NEW).]








1. Conspicuous. 
"Conspicuous or conspicuously" means that a term or clause is written or printed
in a manner that so differentiates it from any accompanying matter that an ordinary
person against whom it is to operate could be fairly presumed to have been made fully
aware of the term or clause.


[
1975, c. 770, §57 (NEW)
.]








2. Dealer. 
"Dealer" means and includes a natural person, firm, corporation, partnership and
any other legal entity that is engaged in the business of selling, offering for sale
or negotiating the sale of used motor vehicles, except auction businesses licensed
by the Secretary of State and includes the officers, agents and employees thereof.
"Dealer" also includes, but is not limited to, persons licensed to engage in the business
of selling, offering for sale or negotiating the sale of used motor vehicles in states
other than this State, finance companies and banks, except when the finance company
or bank engages in the wholesale sale of a repossessed vehicle through an auction
business licensed by the Secretary of State or to a vehicle dealer licensed by the
Secretary of State, car rental companies and insurance companies that sell or transfer
title to used motor vehicles within the State at licensed auction locations in this
State or by any other means. "Dealer" does not include departments or agencies of
the State when selling, offering for sale or negotiating the sale of used state-owned
motor vehicles.


[
1989, c. 198, §1 (AMD);
1989, c. 684, §1 (AMD)
.]








2-A. Extended service warranty. 
"Extended service warranty" means a service contract, not a warranty as that term
is used in Title 11, Article 2, that promises service in exchange for a fee and may
also be referred to as "extended service contract."


[
2005, c. 476, §1 (NEW)
.]








2-B. Livery service.  
"Livery service" means a service that for a fee arranges, schedules or procures a
vehicle for rent or hire or provides a ride for hire.


[
2015, c. 167, §1 (NEW)
.]








3. Mechanical defect. 
"Mechanical defect" means any defect, failure or malfunction of the mechanical system
of a motor vehicle, including but not limited to the motor and transmission, electrical,
hydraulic or suspension systems, and any defect, damage, failure or malfunction that
affects the safety or normal use of a motor vehicle.


[
1975, c. 770, §57 (NEW)
.]








4. Motor vehicle. 
"Motor vehicle" means any self-propelled vehicle designed primarily to transport
not more than 14 individuals, except motorcycles as defined in Title 29-A, section
101, subsection 38, and any vehicles operated exclusively on a rail or rails. This
definition is intended to include motor trucks that have a gross vehicle weight of
not more than 10,000 pounds.


[
1997, c. 393, Pt. A, §16 (AMD)
.]








5. Person. 
"Person" means and includes natural persons, corporations, trusts, partnerships,
incorporated or unincorporated associations and any other legal entities.


[
1975, c. 770, §57 (NEW)
.]








6. Purchaser. 
"Purchaser" means any person who has obtained ownership of a used motor vehicle from
a dealer by transfer, gift or purchase.


[
1975, c. 770, §57 (NEW)
.]








6-A. Reconstructable motor vehicle. 
"Reconstructable motor vehicle" means a used motor vehicle that does not meet the
inspection standards as set forth in Title 29-A, section 1751, and that is sold, offered
for sale or negotiated for sale to a person other than another dealer for the purpose
of transportation after repair or rebuilding.


[
1995, c. 65, Pt. A, §19 (AMD);
1995, c. 65, Pt. A, §153 (AFF);
1995, c. 65, Pt. C, §15 (AFF)
.]








6-B. Seller. 
"Seller" means any person who sells a used motor vehicle to a dealer, including,
but not limited to, individuals, other new or used motor vehicle dealers, motor vehicle
manufacturers and insurance companies.


[
1993, c. 112, §1 (NEW)
.]








6-C. Rideshare.  
"Rideshare" means a program, activity or action in which a person uses that person's
private vehicle to transport a person for a fee.


[
2015, c. 167, §1 (NEW)
.]








7. Used motor vehicle. 
"Used motor vehicle" means a motor vehicle that either has been once registered or
is not covered by a manufacturer's new car warranty.


[
1975, c. 770, §57 (NEW)
.]








7-A. Vehicle history report.  
"Vehicle history report" means a written or electronic report, record or document
that describes or provides information on the service history of a vehicle.


[
2015, c. 167, §1 (NEW)
.]








8. Warranty. 
Except as otherwise provided in this section, "warranty" has the same meaning in
this chapter as in Title 11, Article 2, and includes any expression or affirmation
of a dealer's willingness or ability to repair the vehicle, or make it conform to
other affirmations or expressions of its qualities, communicated in any manner to
a purchaser at or before the agreement to sell.


[
2005, c. 476, §2 (AMD)
.]





SECTION HISTORY

1975, c. 770, §57 (NEW).
1985, c. 429, §1 (AMD).
1985, c. 569, §1 (AMD).
1989, c. 198, §1 (AMD).
1989, c. 684, §1 (AMD).
1993, c. 112, §1 (AMD).
1995, c. 65, §§A18,19 (AMD).
1995, c. 65, §§A153,C15 (AFF).
1997, c. 393, §A16 (AMD).
2005, c. 476, §§1,2 (AMD).
2015, c. 167, §1 (AMD).