The definitions in this
section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Administrator" means a person, other than an insurer or
creditor that performs administrative or operational functions
pursuant to guaranteed asset protection waiver programs.
(2) "Borrower" means a debtor, retail buyer, or lessee,
under a finance agreement, or a person who receives a loan or
enters into a retail installment contract to purchase or lease a
motor vehicle or vessel under chapter 63.14 RCW.
(3) "Creditor" means:
(a) The lender in a loan or credit transaction;
(b) The lessor in a lease transaction;
(c) Any retail seller of motor vehicles that provides credit
to retail buyers of motor vehicles provided the seller complies
with this chapter;
(d) The seller in commercial retail installment
transactions; or
(e) The assignees of any creditor under this subsection to
whom the credit obligation is payable.
(4) "Finance agreement" means a loan, lease, or retail
installment sales contract for the purchase or lease of a motor
vehicle.
(5) "Free look period" means the period of time from the
effective date of the waiver until the date the borrower may
cancel the waiver without penalty, fees, or costs to the
borrower. This period of time must not be shorter than thirty
days.
(6) "Guaranteed asset protection waiver" or "waiver" means a
contractual agreement wherein a creditor agrees for a separate
charge to cancel or waive all or part of amounts due that
creditor on a borrower's finance agreement with that creditor in
the event of a total physical damage loss or unrecovered theft of
the motor vehicle, which agreement must be part of, or a separate
addendum to, the finance agreement.
(7) "Insurer" means an insurance company licensed,
registered, or otherwise authorized to do business under the
insurance laws of this state.
(8) "Motor vehicle" means self-propelled or towed vehicles
designed for personal or commercial use, including but not
limited to automobiles, trucks, motorcycles, recreational
vehicles, all-terrain vehicles, snowmobiles, campers, boats,
personal watercraft, and motorcycle, boat, camper, and personal
watercraft trailers.
(9) "Motor vehicle dealer" has the same meaning as "vehicle
dealer" in RCW 46.70.011.
(10) "Person" includes an individual, company, association,
organization, partnership, business trust, corporation, and every
form of legal entity.
(11) "Retail buyer" means a person who buys or agrees to buy
a motor vehicle or obtain motor vehicle services or agrees to
have motor vehicle services rendered or furnished from a retail
seller.
(12) "Retail seller" means a person engaged in the business
of selling motor vehicles or motor vehicle services to retail
buyers.
(13) "Unregistered marketers" means persons who offer for
sale and sell guaranteed asset protection waivers who are not
registered under this chapter and who are not otherwise exempt
under this chapter.
[2009 c 334 § 2.]