Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-66 - Motor vehicle dealers and manufacturers › Section 308-66-110 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purpose of administering
				chapter
				46.70 RCW, the following
				terms shall be construed in the following manner:
(1) "Offering" the sale of a vehicle shall
			 include the distribution by any means of a list, with or without prices, of
			 vehicles for sale.
(2) "Soliciting"
			 the sale of a vehicle shall include an offer to effect the purchase or sale of
			 a vehicle on behalf of another person.
(3) "Normal business hours" or "reasonable
			 times" shall include, but not be limited to, the hours from 10:00 a.m. through
			 4:00 p.m. for five days each week. When a dealer closes the place of business
			 during normal business hours, a sign must be posted on the main door of the
			 business stating the time that the dealer will next be open for business and
			 how the dealer may be contacted provided that this is not permission to
			 routinely avoid maintaining normal business hours.
(4) An "employee" of a dealer is a person on
			 the payroll who appears on the record of the dealer as an employee for whom
			 Social Security, withholding tax, and all deductions required by law have been
			 made.
(5) A "broker" shall mean any
			 person acting independently, who for a commission, fee or any other form of
			 compensation arranges or engages in the wholesale or retail purchase, sale or
			 lease with option to purchase, of a vehicle.
(6) A "vehicle dealer identification card" is
			 a card, prescribed by the department and issued by a licensed dealer, that is
			 used to identify the principal of a dealership, including a corporate officer,
			 a partner of a partnership, or sole proprietor, or a member of a limited
			 liability company, or an "employee," for purposes of driving a vehicle bearing
			 dealer license plates.
(7) A
			 "demonstration permit" is a permit issued by a dealer to a prospective customer
			 entitling the prospective customer to operate a particular vehicle for
			 demonstration purposes.
(8) Current
			 service agreement - The agreement between a vehicle manufacturer or vehicle
			 distributor and a seller, stipulating that the seller will provide warranty
			 adjustments for the owners of that manufacturer's or distributor's new vehicles
			 which qualify for adjustments under the manufacturer's or distributor's
			 warranty.
(9) New vehicle warranty
			 - The warranty extended by a manufacturer or distributor to the first retail
			 purchaser.
(10) "Closing" shall
			 mean the process of completion of sale transaction.
(11) "Completion of sale" in the case of a
			 consigned vehicle shall mean that the purchaser has possession of the vehicle,
			 all liens against the vehicle are paid, the seller has the proceeds of sale,
			 and title to the vehicle has been transferred to the retail
			 purchaser.
(12) "Listing" shall
			 mean a contract between a seller of a used mobile/manufactured home and a
			 listing dealer for the dealer to locate a willing purchaser for that
			 home.
(13) "Consignment" shall mean
			 an arrangement whereby a vehicle dealer accepts delivery or entrustment of a
			 vehicle and agrees to sell the vehicle on behalf of another.
(14) "Remanufactured" shall mean to remake or
			 reprocess into a finished product by a large scale industrial
			 process.
(15) "Guaranteed title" as
			 it relates to a consigned vehicle shall mean a guarantee by the consignor to
			 convey title to the consignee upon sale of the vehicle. The consignment
			 agreement between the consignor and consignee shall comply with the provisions
			 of WAC 308-66-155.
(16) "Used vehicle" in keeping with
			 RCW
			 46.04.660, and for purposes of the
			 requirement for a service agreement in
			 RCW
			 46.70.101(1)(a)(vii), a
			 vehicle will be considered used if it meets the following requirements:
(a) It has been titled or registered to a
			 bona fide retail purchaser/lessee for a period of 90 days or more;
			 and
(b) The vehicle has been
			 operated (driven) to the extent that its odometer registers 3,000 miles or
			 more.
However, the requirements of (a) and (b) of this subsection
				will not apply if a bona fide retail purchaser/lessee sells, trades, or
				otherwise disposes of the vehicle prior to its having met those requirements.
				To document such an exemption, the subsequent wholesaling and retailing dealer
				must keep, as a dealer business record, a notarized affidavit from either the
				bona fide retail purchaser/lessee, or in the case of an imported vehicle, a
				notarized affidavit from the importer of the vehicle. That affidavit will be
				prescribed by the department and must confirm that the retail purchaser/lessee
				was a bona fide retail purchaser/lessee.