{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-581","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-581","heading":"Definitions","body":"As used in Section 581 et seq. of this title:\n\n1. \"Commission\" means the Oklahoma Used Motor Vehicle,\n\nDismantler, and Manufactured Housing Commission;\n\n2. \"Compensation\" means anything of value including money,\n\nmerchandise, rebates on purchases, trading stamps or any other thing\n\nof value;\n\n3. \"Consignment sale\" means the sale of used motor vehicles\n\nbelonging to another by a used motor vehicle dealer, whether or not\n\ntitle is transferred from the consignor to the used motor vehicle\n\ndealer;\n\n4. \"Factory\" means a manufacturer, distributor, factory branch,\n\ndistributor branch, factory representative or distributor\n\nrepresentative, which manufactures or distributes vehicle products;\n\n5. \"Manufactured home\" means a residential dwelling in one or\n\nmore sections built in accordance with the National Manufactured\n\nHousing Construction and Safety Standards Act of 1974, 42 U.S.C.,\n\nSection 5401 et seq. and rules promulgated pursuant thereto;\n\n6. a. \"Manufactured home dealer\" means any person who:\n\n(1) works for a commission or with intent to make a\n\nprofit or gain of money or other thing of value,\n\nsells, offers to sell, or attempts to negotiate a\n\nsale or exchange of interest in, new or used\n\nmanufactured homes,\n\n(2) is engaged wholly or in part in the business of\n\nselling any new and unused, or used, or both new\n\nand used manufactured homes, or\n\n(3) is engaged wholly or in part in the business of\n\nleasing any new and unused, or used, or both new\n\nand used manufactured homes, that are considered\n\npersonal property, with an option to purchase or\n\nown in any form at any time after beginning of\n\nthe lease term.\n\nA valid franchise letter as proof of authorization to sell any\n\nnew manufactured home product line or lines shall be attached to the\n\napplication for a dealer license to sell manufactured homes.\n\n\"Manufactured home dealer\" shall include a manufactured home\n\nauction. A manufactured home auction shall mean any person selling\n\nmore than five manufactured homes in an auction or liquidation\n\nformat. Only licensed manufactured home dealers shall be authorized\n\nto purchase manufactured homes at such auctions.\n\nb. \"Manufactured home dealer\" shall not include any\n\nperson who sells or contracts for the sale of a\n\npersonally titled manufactured home or homes which\n\nthey have used as their personal residence, or any\n\nperson acting as an auctioneer who has been engaged by\n\na seller to direct, conduct, control, or be\n\nresponsible for the sale of such manufactured homes as\n\na part of an auction or liquidation of an estate, or\n\nany Oklahoma licensed real estate broker or sales\n\nassociate when buying or selling manufactured homes\n\nwhich have become real property as a part of a real\n\nestate business. No person shall be considered a\n\nmanufactured home dealer as to any manufactured home\n\npurchased or acquired by the person for purposes other\n\nthan resale or lease-purchase in any form; provided,\n\nthat the restriction set forth in this sentence shall\n\nnot prevent an otherwise qualified person from\n\nutilizing a single manufactured home as a sales\n\noffice.\n\nc. A holder of a lien on a personally titled manufactured\n\nhome may sell the repossessed manufactured home and\n\nshall not be required to be licensed pursuant to this\n\ntitle. Any person other than a bona fide full-time\n\nemployee of the lienholder who participates in the\n\nsale of the repossessed manufactured home shall be\n\nlicensed as a manufactured home dealer pursuant to\n\nthis title.\n\nd. \"Manufactured home dealer\" shall not include a\n\nrestricted manufactured home park dealer;\n\n7. \"Manufactured home salesperson\" means any person who has\n\nbeen engaged by a manufactured home dealer or restricted\n\nmanufactured home park dealer to buy, sell, exchange, negotiate, or\n\nact as an agent for the purchase, sale, or exchange of an interest\n\nin a manufactured home;\n\n8. \"Manufactured home installer\" means a person who is engaged\not include a\n\nrestricted manufactured home park dealer;\n\n7. \"Manufactured home salesperson\" means any person who has\n\nbeen engaged by a manufactured home dealer or restricted\n\nmanufactured home park dealer to buy, sell, exchange, negotiate, or\n\nact as an agent for the purchase, sale, or exchange of an interest\n\nin a manufactured home;\n\n8. \"Manufactured home installer\" means a person who is engaged\n\nin the business of installing or setting up manufactured homes\n\nand/or mobile homes as defined herein;\n\n9. \"Manufactured home manufacturer\" means a person who\n\nmanufactures, assembles, sells or distributes new manufactured\n\nhomes, whether directly or indirectly, to new manufactured home\n\nretailers or a restricted manufactured home park dealer for resale\n\nor use in this state;\n\n10. \"Mobile home\" means a residential dwelling fabricated in an\n\noff-site manufacturing facility, designed to be a permanent\n\nresidence, but which is still transportable, that was built prior to\n\nthe enacting of the National Manufactured Housing Construction and\n\nSafety Standards Act of 1974, 42 U.S.C., Section 5401 et seq.;\n\n11. \"Person\" means an individual, business, corporation,\n\npartnership, association, limited liability corporation, trust,\n\nfirm, or company or legal entity, but does not include any political\n\nsubdivision;\n\n12. \"Ready for occupancy\" means a mobile or manufactured home\n\nwhich is installed and anchored properly by a manufactured home\n\ninstaller licensed in this state and has utilities connected to\n\nservice;\n\n13. \"Rebuilder\" means a used motor vehicle dealer who is\n\nengaged in the business of rebuilding repairable motor vehicles and\n\nwho has paid the fee for and been issued a rebuilder certificate as\n\nprovided by Section 591.5 of this title;\n\n14. \"Restricted manufactured home park dealer\" means any person\n\noperating a mobile or manufactured home park who, for a commission\n\nor with intent to make a profit or gain of money or other thing of\n\nvalue, sells, offers to sell, or attempts to negotiate a sale or\n\nexchange of interest in, new or used manufactured homes, or that is\n\nengaged wholly or in part in the business of selling or leasing\n\nmanufactured homes which are personal property with an option to\n\npurchase or own in any form at any time after the beginning of the\n\nlease term any new and unused, or used, or both new and used\n\nmanufactured homes; provided, every mobile or manufactured home sold\n\npursuant to a restricted manufactured home park dealer license shall\n\nbe located in the licensed mobile or manufactured home park and\n\nready for occupancy. Provided further, manufactured home dealer\n\nlicense plates shall not be issued to a restricted manufactured home\n\npark dealer;\n\n15. \"Retail implement dealer\" means a business engaged\n\nprimarily in the sale of farm tractors as defined in Section 1-118\n\nof this title or implements of husbandry as defined in Section 1-125\n\nof this title or a combination thereof;\n\n16. \"Sale\" or \"sell\" means the act of selling, brokering,\n\nexchanging, exchanging of an interest in, or renting with the option\n\nto purchase or own in any form at any time after the beginning of\n\nthe lease term, a new or used manufactured home for commission,\n\nprofit, gain of money or other thing of value;\n\n17. \"Used motor vehicle\" means any motor vehicle, as that term\n\nis defined in the Oklahoma Vehicle License and Registration Act, but\n\nnot including any all-terrain vehicles, utility vehicles, and\n\nmotorcycles used exclusively for off-road use which are sold by a\n\nretail implement dealer, which has been sold, bargained, exchanged,\n\ngiven away or the title thereto transferred from the person who\n\nfirst took title from the manufacturer, importer, or dealer or agent\n\nof the manufacturer or importer, or so used as to have become what\n\nis commonly known as a \"secondhand motor vehicle\". In the event of\ncycles used exclusively for off-road use which are sold by a\n\nretail implement dealer, which has been sold, bargained, exchanged,\n\ngiven away or the title thereto transferred from the person who\n\nfirst took title from the manufacturer, importer, or dealer or agent\n\nof the manufacturer or importer, or so used as to have become what\n\nis commonly known as a \"secondhand motor vehicle\". In the event of\n\ntransfer, on the statement of origin, from the original franchised\n\ndealer to any other dealer or individual other than a franchised\n\ndealer of the same make of vehicle, the vehicle shall be considered\n\na used motor vehicle and must be titled in the new owner's name;\n\n18. \"Used motor vehicle auction\" means any business other than\n\nsalvage pools which regularly engages in the sale or trade, or\n\nnegotiates the sale or trade, of used motor vehicles by auction,\n\nwhether by open or closed bid or by sale to or purchase by used\n\nmotor vehicle dealers or individuals;\n\n19. a. \"Used motor vehicle dealer\" means any person who, for\n\na commission or with intent to make a profit or gain\n\nof money or other thing of value, sells, brokers,\n\nexchanges, rents with option to purchase, or offers or\n\nattempts to negotiate a sale or exchange of an\n\ninterest in used motor vehicles, or who is engaged\n\nwholly or in part in the business of selling used\n\nmotor vehicles, whether or not such motor vehicles are\n\nowned by the person.\n\nb. \"Used motor vehicle dealer\" shall not include:\n\n(1) receivers, trustees, administrators, executors,\n\nguardians, or other persons appointed by or\n\nacting pursuant to the judgment or order of any\n\ncourt,\n\n(2) public officers while performing their official\n\nduties,\n\n(3) employees of persons enumerated in the definition\n\nof \"used motor vehicle dealer\" when engaged in\n\nthe specific performance of their duties as such\n\nemployees,\n\n(4) mortgagees or secured parties as to sales of\n\nmotor vehicles constituting collateral on a\n\nmortgage or security agreement, if the mortgagees\n\nor secured parties shall not realize for their\n\nown account from such sales any monies in excess\n\nof the outstanding balance secured by such\n\nmortgage or security agreement, plus the costs of\n\ncollection,\n\n(5) any person acting as an auctioneer who has been\n\nengaged by a seller to direct, conduct, control,\n\nor be responsible for the sale of used motor\n\nvehicles as part of an estate auction or\n\nliquidation,\n\n(6) any person, firm, corporation, or other legal\n\nentity who sells, or contracts for the sale of,\n\nthe vehicles of the person, firm, corporation, or\n\nother legal entity when such vehicles are sold in\n\nliquidation, and any person, firm, corporation,\n\nor other legal entity who serves as an agent in\n\nsuch sale. The exclusion provided in this\n\nparagraph shall not extend to any person, firm,\n\ncorporation, or other legal entity whose business\n\nis the purchase, sale, or rental with option to\n\npurchase, of motor vehicles, or to a location\n\nused for such purposes,\n\n(7) any person acting as an auctioneer who has been\n\nengaged by a seller to direct, conduct, control,\n\nor be responsible for the sale of used motor\n\nvehicles as part of an auction held at a licensed\n\nused motor vehicle dealer location. The\n\nexclusion provided in this division shall not\n\nextend to a person who auctions five or more used\n\nmotor vehicles in a nonliquidation sale held at a\n\nlicensed used motor vehicle dealer location which\n\nis not regularly used as a vehicle auction, or\nduct, control,\n\nor be responsible for the sale of used motor\n\nvehicles as part of an auction held at a licensed\n\nused motor vehicle dealer location. The\n\nexclusion provided in this division shall not\n\nextend to a person who auctions five or more used\n\nmotor vehicles in a nonliquidation sale held at a\n\nlicensed used motor vehicle dealer location which\n\nis not regularly used as a vehicle auction, or\n\n(8) any retail implement dealer that sells all-\n\nterrain vehicles, utility vehicles, and\n\nmotorcycles used exclusively for off-road use;\n\n20. \"Used motor vehicle salesperson\" means a person employed by\n\na licensed used motor vehicle dealer to sell, broker, exchange, or\n\nnegotiate a purchase, sale, or rental with option to purchase, used\n\nmotor vehicles or an interest in used motor vehicles. The term\n\n\"used motor vehicle salesperson\" shall not include any person who:\n\na. uses the person's own funds for such transactions, or\n\nb. operates independently as a used motor vehicle dealer\n\nusing a licensed used motor vehicle dealer's license\n\nnumber; and\n\n21. \"Wholesale used motor vehicle dealer\" means any person who,\n\nfor a commission or with intent to make a profit or gain of money or\n\nother thing of value, sells, brokers, exchanges, rents with option\n\nto purchase, or offers or attempts to negotiate a sale or exchange\n\nof interest in used motor vehicles exclusively to used motor vehicle\n\ndealers, or who is engaged in the business of selling used motor\n\nvehicles exclusively to used motor vehicle dealers, whether or not\n\nsuch motor vehicles are owned by the person.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3e0fc1f304e2c6286bdf2e0dc410c520c95b4eea29eb679c5382bcb2035a54e4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-580.2","next":"us-ok/okla.-stat.-tit.-47-47-582"},"notice":"GroundRules: Original legal text. Not legal advice."}
