§47-581.

§47-581.
   
   As used in Sections 581 through 587 of this title:
   
   1. "Commission" means the Oklahoma Used Motor Vehicle and Parts
   Commission;
   
   2. "Compensation" means anything of value including money,
   merchandise, rebates on purchases, trading stamps, or any other thing
   of value;
   
   3. "Consignment sale" means the sale of used motor vehicles belonging
   to another by a used motor vehicle dealer, whether or not title is
   transferred from the consignor to the used motor vehicle dealer;
   
   4. "Manufactured home" means a structure, transportable in one or more
   sections, which, in the traveling mode, is eight (8) body feet or more
   in width or forty (40) body feet or more in length, or, when erected
   on site, covers three hundred twenty (320) or more square feet, and
   which is built on a permanent chassis and designed to be used as a
   dwelling with or without a permanent foundation when connected to the
   required utilities, and includes the plumbing, heating, air
   conditioning, and electrical systems contained thereon. For the
   purposes of Sections 581 through 587 of this title, the term
   "manufactured home" shall not include any structure or vehicle which
   is owned by a religious corporation or society and is used exclusively
   for religious purposes. "Mobile home" means a manufactured home
   transportable in one section. "Sectional home" means a manufactured
   home transportable in two or more sections. These terms shall not
   include any travel trailer or any self-propelled vehicle used as
   living quarters, whether referred to as a motor home or by any other
   name. Trailers or semitrailers used for the transportation of goods or
   property other than the personal belongings of the owner of the
   vehicle shall not be included in this definition;
   
   5. a. "Manufactured home dealer" means any person, firm, corporation,
   or other legal authority who, for a commission or with intent to make
   a profit or gain of money or other thing of value, sells, offers to
   sell, or attempts to negotiate a sale or exchange of interest in, new
   or used manufactured homes, or that is engaged wholly or in part in
   the business of selling any new and unused, or used, or both new and
   used manufactured homes. A valid franchise letter as proof of
   authorization to sell any new manufactured home product line or lines
   shall be attached to the application for a dealer license to sell
   manufactured homes.
   
   b. "Manufactured home dealer" shall not include any person, firm,
   corporation, or other legal entity who sells or contracts for the sale
   of a personally titled manufactured home or homes, or any person
   acting as an auctioneer who has been engaged by a seller to direct,
   conduct, control, or be responsible for the sale of manufactured homes
   as a part of an auction or liquidation of an estate, or any Oklahoma
   licensed real estate broker or sales associate when buying or selling
   used mobile homes as a part of a real estate business. No person,
   firm, corporation, or other legal entity shall be considered a
   manufactured home dealer as to any manufactured home purchased or
   acquired by the person, firm, corporation, or other legal entity for
   purposes other than resale; provided, that the restriction set forth
   in this sentence shall not prevent an otherwise qualified person,
   firm, corporation, or other legal entity from utilizing a single
   manufactured home as a sales office;
   
   6. "Manufactured home manufacturer" means a person who manufactures,
   assembles, and sells new manufactured homes to new manufactured home
   retailers for resale in this state;
   
   7. "Rebuilder" means a used motor vehicle dealer who is engaged in the
   business of rebuilding repairable motor vehicles and who has paid the
   fee for and been issued a rebuilder certificate as provided by Section
   591.5 of this title;
   
   8. "Sale" or "sell" means the act of selling, brokering, exchanging,
   exchanging of an interest in, or renting with the option of
   purchasing, a new or used manufactured home for commission, profit, or
   gain of money or other thing of value;
   
   9. "Used motor vehicle" means any motor vehicle, as that term is
   defined in the Oklahoma Motor Vehicle License and Registration Act,
   which has been sold, bargained, exchanged, given away, or the title
   thereto transferred from the person who first took title from the
   manufacturer, importer, or dealer or agent of the manufacturer or
   importer, or so used as to have become what is commonly known as a
   "secondhand motor vehicle". In the event of transfer, on the statement
   of origin, from the original franchised dealer to any other dealer or
   individual other than a franchised dealer of the same make of vehicle,
   the vehicle shall be considered a used motor vehicle and must be
   titled in the new owner's name;
   
   10. "Used motor vehicle auction" means any business other than salvage
   pools which regularly engages in the sale or trade, or negotiates the
   sale or trade, of used motor vehicles by auction, whether by open or
   closed bid or by sale to or purchase by used motor vehicle dealers or
   individuals;
   
   11. a. "Used motor vehicle dealer" means any person who, for a
   commission or with intent to make a profit or gain of money or other
   thing of value, sells, brokers, exchanges, rents with option to
   purchase, or offers or attempts to negotiate a sale or exchange of an
   interest in used motor vehicles, or who is engaged wholly or in part
   in the business of selling used motor vehicles, whether or not such
   motor vehicles are owned by the person.
   
   b. "Used motor vehicle dealer" shall not include:
   
   (1) receivers, trustees, administrators, executors, guardians, or
   other persons appointed by or acting pursuant to the judgment or order
   of any court,
   
   (2) public officers while performing their official duties,
   
   (3) employees of persons enumerated in the definition of "used motor
   vehicle dealer" when engaged in the specific performance of their
   duties as such employees,
   
   (4) mortgagees or secured parties as to sales of motor vehicles
   constituting collateral on a mortgage or security agreement, if the
   mortgagees or secured parties shall not realize for their own account
   from such sales any monies in excess of the outstanding balance
   secured by such mortgage or security agreement, plus the costs of
   collection,
   
   (5) any person acting as an auctioneer who has been engaged by a
   seller to direct, conduct, control, or be responsible for the sale of
   used motor vehicles as part of an estate auction or liquidation,
   
   (6) any person, firm, corporation, or other legal entity who sells, or
   contracts for the sale of, the vehicles of the person, firm,
   corporation, or other legal entity when such vehicles are sold in
   liquidation, and any person, firm, corporation, or other legal entity
   who serves as an agent in such sale. The exclusion provided in this
   paragraph shall not extend to any person, firm, corporation, or other
   legal entity whose business is the purchase, sale, or rental with
   option to purchase, of motor vehicles, or to a location used for such
   purposes, or
   
   (7) any person acting as an auctioneer who has been engaged by a
   seller to direct, conduct, control, or be responsible for the sale of
   used motor vehicles as part of an auction held at a licensed used
   motor vehicle dealer location. The exclusion provided in this division
   shall not extend to a person who auctions five or more used motor
   vehicles in a nonliquidation sale held at a licensed used motor
   vehicle dealer location which is not regularly used as a vehicle
   auction;
   
   12. "Used motor vehicle salesperson" means a person employed by a
   licensed used motor vehicle dealer to sell, broker, exchange, or
   negotiate a purchase, sale, or rental with option to purchase, used
   motor vehicles or an interest in used motor vehicles. Used motor
   vehicle salesman shall not include any person who:
   
   a. uses the person's own funds for such transactions,
   
   b. operates independently as a used motor vehicle dealer using a
   licensed used motor vehicle dealer's license number, or
   
   c. is licensed by the Oklahoma Motor Vehicle Commission to sell new or
   unused motor vehicles who also sells used motor vehicles for the
   dealer at the motor vehicle dealer's licensed franchise location;
   provided, such a person shall only be authorized to sell used motor
   vehicles for the dealer at the motor vehicle dealer's licensed
   franchise location and to represent the motor vehicle dealer at used
   motor vehicle auctions without obtaining a separate used motor vehicle
   salesman's license; and
   
   13. "Wholesale used motor vehicle dealer" means any person who, for a
   commission or with intent to make a profit or gain of money or other
   thing of value, sells, brokers, exchanges, rents with option to
   purchase, or offers or attempts to negotiate a sale or exchange of
   interest in used motor vehicles exclusively to used motor vehicle
   dealers, or who is engaged in the business of selling used motor
   vehicles exclusively to used motor vehicle dealers, whether or not
   such motor vehicles are owned by the person.