As used in this part, unless the context otherwise requires:

(1) “Automobile auction” means:

Terms Used In Tennessee Code 55-17-102

  • Automobile auction: means :
    (A) Any person offering motor vehicles for sale to the highest bidder where buyers are licensed motor vehicle dealers or their duly authorized agents. See Tennessee Code 55-17-102
  • Automotive dismantlers and recyclers: means any person, firm, association, corporation, or trust resident or nonresident, who is engaged in the business and/or providing facilities for the purpose of recovering parts from automobiles and trucks, which have been wrecked or otherwise rendered inoperable as transportation vehicles with the parts recovered being for resale and further reduce used automobiles and trucks to a condition capable of salvage for their metal scrap content by scrap processors. See Tennessee Code 55-17-102
  • Commission: means the motor vehicle commission created by this part. See Tennessee Code 55-17-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dealer: means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state. See Tennessee Code 55-8-101
  • Distributor branch: means a branch office similarly maintained by a distributor or wholesaler for the same purpose a factory branch is maintained. See Tennessee Code 55-17-102
  • Factory branch: means the branch office maintained by a manufacturer for the sale or transfer of motor vehicles to distributors or to motor vehicle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See Tennessee Code 55-17-102
  • Franchise: means an oral or written agreement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise. See Tennessee Code 55-17-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Manufacturer: means any person who manufactures or assembles new and unused motor vehicles or recreational vehicles, or who maintains factory representatives. See Tennessee Code 55-17-102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor vehicle: means any self-propelled motor-driven vehicle of the type and kind required to be registered and titled under chapter 1 of this title, and includes, but is not limited to, "motor vehicle" as defined in §. See Tennessee Code 55-17-102
  • Motor vehicle dealer: means any person not excluded by subdivision (17), engaged in the business of selling, offering to sell, soliciting or advertising the sale of motor vehicles or used recreational vehicles, or possessing motor vehicles or used recreational 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. See Tennessee Code 55-17-102
  • Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. See Tennessee Code 55-17-102
  • Public automobile auctioneer: means any individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase or exchange of goods, including motor vehicles. See Tennessee Code 55-17-102
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest therein or of any franchise related thereto, as well as any option, subscription or other contract, or solicitation looking to a sale, offer or attempt to sell in any form, whether spoken or written. See Tennessee Code 55-17-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
  • wholesaler: means any person who in whole or in part sells or distributes any new and unused motor vehicles to motor vehicle dealers or who maintains distributor representatives. See Tennessee Code 55-17-102
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(A) Any person offering motor vehicles for sale to the highest bidder where buyers are licensed motor vehicle dealers or their duly authorized agents;
(B) Any person who provides the facilities for or is in the business of selling in an auction format motor vehicles that in the opinion of the commission are antique or unique; or
(C) Any motor vehicle dealer licensed to sell used motor vehicles, and which dealer is licensed as an auctioneer by the Tennessee auctioneer commission, and is auctioneering on consignment by and between persons, motor vehicles originally manufactured for mass transportation and exceeding thirty-four feet (34′) in length;
(2) “Automotive dismantlers and recyclers” means any person, firm, association, corporation, or trust resident or nonresident, who is engaged in the business and/or providing facilities for the purpose of recovering parts from automobiles and trucks, which have been wrecked or otherwise rendered inoperable as transportation vehicles with the parts recovered being for resale and further reduce used automobiles and trucks to a condition capable of salvage for their metal scrap content by scrap processors;
(3) “Closed title” means an executed certificate of title indicating the motor vehicle dealer as the current owner or transferee;
(4) “Commission” means the motor vehicle commission created by this part;
(5) “Distributor” or “wholesaler” means any person who in whole or in part sells or distributes any new and unused motor vehicles to motor vehicle dealers or who maintains distributor representatives;
(6) “Distributor branch” means a branch office similarly maintained by a distributor or wholesaler for the same purpose a factory branch is maintained;
(7) “Distributor representative” means a representative employed by a distributor or employed by a distributor branch or wholesaler for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees;
(8) “Established place of business” means a permanent structure or structures owned, leased or rented by a motor vehicle dealer providing signs, facilities and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing or repairing motor vehicles or functional or nonfunctional parts of motor 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;
(9) “Factory branch” means the branch office maintained by a manufacturer for the sale or transfer of motor vehicles to distributors or to motor vehicle dealers or which is maintained for directing and supervising the representatives of the manufacturer;
(10) “Factory representative” means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees;
(11) “Franchise” means an oral or written agreement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise;
(12) “Fraud,” in addition to its normal legal connotation, means a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact;
(13) “Manufacturer” means any person who manufactures or assembles new and unused motor vehicles or recreational vehicles, or who maintains factory representatives;
(14) “Motor vehicle” means any self-propelled motor-driven vehicle of the type and kind required to be registered and titled under chapter 1 of this title, and includes, but is not limited to, “motor vehicle” as defined in § 55-1-103; “motorcycle” as defined in § 55-1-103; and “truck” as defined in § 55-1-104; and does not include a recreational vehicle as defined in § 55-28-102;
(15) “Motor vehicle dealer” means any person not excluded by subdivision (17), engaged in the business of selling, offering to sell, soliciting or advertising the sale of motor vehicles or used recreational vehicles, or possessing motor vehicles or used recreational 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;
(16) “Motor vehicle salesperson” or “vehicle salesperson” means any person who is not excluded by subdivision (17), and who is:

(A) Employed by a licensed motor vehicle dealer who is engaged in the business of effecting or attempting to effect the sale or purchase of motor vehicles or used recreational vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party; or
(B) Employed by a recreational vehicle dealer licensed pursuant to part 4 of this chapter, and who is engaged in the business of effecting or attempting to effect the sale or purchase of recreational vehicles or used motor vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party;
(17) “Motor vehicle dealer” and “motor vehicle salesperson” do not include the following:

(A) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court;
(B) Public officers while performing or in the operation of their duties;
(C) Employees of persons, corporations, or associations enumerated in subdivision (17)(A) when engaged in the specific performance of their duties as employees;
(D) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising;
(E) All banks, finance companies, loan companies, insurance companies, auto body shops or garages that have not obtained a motor vehicle for the purpose of resale, selling or offering to sell used motor vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities;
(F) Persons when selling motor vehicles that have been designated by the seller as nonrepairable vehicles, as defined in § 55-3-201, whether or not such vehicles have been issued a nonrepairable vehicle certificate to licensed automotive dismantlers and recyclers, or registered scrap metal dealers or scrap metal processors, solely for recycling, dismantling, or scrap;
(G) A recreational vehicle dealer licensed pursuant to part 4 of this chapter 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;
(18) “Person” means every natural person, partnership, corporation, association, trust, estate, or any other legal entity;
(19) “Public automobile auction” means offering motor vehicles for sale to the highest bidder where buyers are members of the public by any motor vehicle dealer licensed to sell used motor vehicles, and which dealer is licensed as a public automobile auctioneer by the Tennessee auctioneer commission; provided, that no public automobile auction shall otherwise limit the auctioning of used motor vehicles exclusively to licensed motor vehicle dealers or their duly authorized agents;
(20) “Public automobile auctioneer” means any individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase or exchange of goods, including motor vehicles;
(21) “Recreational vehicle” has the same meaning as defined in § 55-28-102; and
(22) “Sale” means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest therein or of any franchise related thereto, as well as any option, subscription or other contract, or solicitation looking to a sale, offer or attempt to sell in any form, whether spoken or written. A gift or delivery of any motor vehicle or franchise with respect thereto with or as a bonus on account of the sale of anything shall be deemed a sale of the motor vehicle or franchise.
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