(1) It is unlawful for any person,
firm, or association to act as a vehicle dealer or vehicle
manufacturer, to engage in business as such, serve in the
capacity of such, advertise himself, herself, or themselves as
such, solicit sales as such, or distribute or transfer vehicles
for resale in this state, without first obtaining and holding a
current license as provided in this chapter, unless the title of
the vehicle is in the name of the seller.
(2) It is unlawful for any person other than a licensed
vehicle dealer to display a vehicle for sale unless the
registered owner or legal owner is the displayer or holds a
notarized power of attorney.
(3)(a) Except as provided in (b) of this subsection, a
person or firm engaged in buying and offering for sale, or buying
and selling five or more vehicles in a twelve-month period, or in
any other way engaged in dealer activity without holding a
vehicle dealer license, is guilty of a gross misdemeanor, and
upon conviction subject to a fine of up to five thousand dollars
for each violation and up to one year in jail.
(b) A second offense is a class C felony punishable under
chapter 9A.20 RCW.
(4) A violation of this section is also a per se violation
of chapter 19.86 RCW and is considered a deceptive practice.
(5) The department of licensing, the Washington state
patrol, the attorney general's office, and the department of
revenue shall cooperate in the enforcement of this section.
(6) A distributor, factory branch, or factory representative
shall not be required to have a vehicle manufacturer license so
long as the vehicle manufacturer so represented is properly
licensed pursuant to this chapter.
(7) Nothing in this chapter prohibits financial institutions
from cooperating with vehicle dealers licensed under this chapter
in dealer sales or leases. However, financial institutions shall
not broker vehicles and cooperation is limited to organizing,
promoting, and financing of such dealer sales or leases.
[2003 c 53 § 249; 1993 c 307 § 4; 1988 c 287 § 2; 1986 c 241 § 3; 1973 1st ex.s. c 132 § 3; 1967 ex.s. c 74 § 4.]
NOTES:
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.