N.Y. General Business Law § 736: Definitions

§ 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.