N.Y. General Business Law Section 736
Definitions


As used in this article: * 1. “Automobile broker business” means any person who, for a fee, commission or other valuable consideration, regardless of whether such fee, commission, or consideration is paid directly by a consumer, offers to provide, provides, or represents that he or she will provide a service of purchasing, arranging, assisting, facilitating or effecting the purchase or lease of an automobile as agent, broker, or intermediary for a consumer. “Automobile broker business” does not include any person registered as a dealer pursuant to article sixteen of the vehicle and traffic law nor any bona fide employee of a registered dealer while acting for such dealer, or any person who sells, offers for sale or lease or acts as agent, broker or intermediary in effecting the purchase or lease of three or fewer automobiles in any calendar year, any national service which aggregates information for consumers, but does not otherwise have contact with consumers, or any motor vehicle franchisor, manufacturer, or distributor registered under article sixteen of the vehicle and traffic law. * NB Effective until June 19, 2025 * 1. “Automobile broker business” means any person who, for a fee, commission or other valuable consideration, regardless of whether such fee, commission, or consideration is paid directly by a consumer, offers to provide, provides, or represents that such automobile broker business will provide a service of purchasing, arranging, assisting, facilitating or effecting the purchase or lease of an automobile as agent, broker, or intermediary for a consumer. “Automobile broker business” does not include any person registered as a dealer pursuant to article sixteen of the vehicle and traffic law, only when operating in a manner pursuant to such registration under article sixteen of the vehicle and traffic law, any person registered under Vehicle & Traffic Law § 415-A (Vehicle dismantlers and other persons engaged in the transfer or disposal of junk and salvage vehicles)section four hundred fifteen-a of the vehicle and traffic law, only when operating in a manner described in Vehicle & Traffic Law § 415-A (Vehicle dismantlers and other persons engaged in the transfer or disposal of junk and salvage vehicles)section four hundred fifteen-a of the vehicle and traffic law, an automobile auctioneer, only when operating in the manner described in § 23 (Automobile auctioneer)section twenty-three of this chapter, nor any bona fide employee of a registered dealer while acting for such dealer, or any person who sells, offers for sale or lease or acts as agent, broker or intermediary in effecting the purchase or lease of three or fewer automobiles in any calendar year, any national service which aggregates information for consumers, but does not otherwise have contact with consumers, or any motor vehicle franchisor, manufacturer, distributor, distributor branch or factory branch registered under article sixteen of the vehicle and traffic law. * NB Effective June 19, 2025 2. “Consumer” means a natural person who is solicited to purchase or who purchases the services of an automobile broker business.

3.

“Person” includes an individual, corporation, partnership, joint venture, or any other business entity. * 4. “Place of business” means a designated permanent location at which the business of the automobile broker business is conducted. * NB Effective June 19, 2025

Source: Section 736 — Definitions, https://www.­nysenate.­gov/legislation/laws/GBS/736 (updated Dec. 27, 2024; accessed Jan. 18, 2025).

Accessed:
Jan. 18, 2025

Last modified:
Dec. 27, 2024

§ 736’s source at nysenate​.gov

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