As used in this part, unless the context otherwise requires:
(1) “Closed title” means an executed certificate of title indicating the recreational vehicle dealer as the current owner or transferee;
(2) “Commission” means the Tennessee motor vehicle commission;
(3) “Distributor” means any person who in whole or in part sells or distributes any new and unused recreational vehicles to recreational dealers or who maintains distributor representatives;
(4) “Established place of business” means a permanent structure or structures owned, leased, or rented by a recreational vehicle dealer providing signs, facilities, and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing, or repairing recreational vehicles or functional or nonfunctional parts of recreational vehicles and where replacement parts, repair tools, and equipment as well as the books and records needed to conduct the business are kept. The structure or structures must be physically apart from any other business and shall not include a private residence of any sort, tent, or temporary stand;
(5) “Factory representative” means a representative employed by a manufacturer for the purpose of making or promoting the sale of recreational vehicles or for supervising, servicing, instructing, procuring, controlling, or contacting for any reason recreational vehicle dealers or prospective recreational vehicle dealers or their employees;
(6) “Fraud” includes:
(A) A misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact;
(B) A promise or representation not made honestly and in good faith; or
(C) An intentional failure to disclose a material fact;
(7) “Manufacturer” means any person who manufactures or assembles new and unused recreational vehicles, or who maintains factory representatives;
(8) “Person” means every natural person, partnership, corporation, association, trust, estate, or any other legal entity;
(9) “Recreational vehicle” has the same meaning as defined in § 55-28-102;
(10) “Recreational vehicle dealer”:
(A) Means a person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new or used recreational vehicles or used motor vehicles pursuant to § 55-17-419, or possessing such vehicles for the purpose of resale, either on that person’s own account or on behalf of another, either as that person’s primary business or incidental to that person’s business; and
(B) Does not include:
(i) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court;
(ii) Public officers while performing or in the operation of their duties;
(iii) Employees of persons, corporations, or associations described in subdivision (10)(B)(i) when engaged in the specific performance of their duties as employees;
(iv) A motor vehicle dealer licensed pursuant to part 1 of this chapter not engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new recreational vehicles;
(v) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising; or
(vi) All banks, finance companies, loan companies, insurance companies, auto body shops, or garages that have not obtained a recreational vehicle for the purpose of resale, selling, or offering to sell used recreational vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities;
(11) “Sale” means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any recreational vehicle or interest in such vehicle, as well as any option, subscription or other contract, or solicitation looking to sell, offer, or attempt to sell in any form, whether spoken or written. A gift or delivery of any recreational vehicle as a bonus on account of the sale of another vehicle or otherwise shall be deemed a sale of the recreational vehicle; and
(12) “Vehicle salesperson” means a person licensed as a motor vehicle salesperson pursuant to part 1 of this chapter.
