Okla. Stat. tit. 47, § 47-581

As used in Section 581 et seq. of this title:

1. "Commission" means the Oklahoma Used Motor Vehicle,

Dismantler, and Manufactured Housing Commission;

2. "Compensation" means anything of value including money,

merchandise, rebates on purchases, trading stamps or any other thing

of value;

3. "Consignment sale" means the sale of used motor vehicles

belonging to another by a used motor vehicle dealer, whether or not

title is transferred from the consignor to the used motor vehicle

dealer;

4. "Factory" means a manufacturer, distributor, factory branch,

distributor branch, factory representative or distributor

representative, which manufactures or distributes vehicle products;

5. "Manufactured home" means a residential dwelling in one or

more sections built in accordance with the National Manufactured

Housing Construction and Safety Standards Act of 1974, 42 U.S.C.,

Section 5401 et seq. and rules promulgated pursuant thereto;

6. a. "Manufactured home dealer" means any person who:

(1) works for a commission or with intent to make a

profit or gain of money or other thing of value,

sells, offers to sell, or attempts to negotiate a

sale or exchange of interest in, new or used

manufactured homes,

(2) is engaged wholly or in part in the business of

selling any new and unused, or used, or both new

and used manufactured homes, or

(3) is engaged wholly or in part in the business of

leasing any new and unused, or used, or both new

and used manufactured homes, that are considered

personal property, with an option to purchase or

Oklahoma Statutes - Title 47. Motor Vehicles Page 887

own in any form at any time after beginning of

the lease term.

A valid franchise letter as proof of authorization to sell any

new manufactured home product line or lines shall be attached to the

application for a dealer license to sell manufactured homes.

"Manufactured home dealer" shall include a manufactured home

auction. A manufactured home auction shall mean any person selling

more than five manufactured homes in an auction or liquidation

format. Only licensed manufactured home dealers shall be authorized

to purchase manufactured homes at such auctions.

b. "Manufactured home dealer" shall not include any

person who sells or contracts for the sale of a

personally titled manufactured home or homes which

they have used as their personal residence, or any

person acting as an auctioneer who has been engaged by

a seller to direct, conduct, control, or be

responsible for the sale of such manufactured homes as

a part of an auction or liquidation of an estate, or

any Oklahoma licensed real estate broker or sales

associate when buying or selling manufactured homes

which have become real property as a part of a real

estate business. No person shall be considered a

manufactured home dealer as to any manufactured home

purchased or acquired by the person for purposes other

than resale or lease-purchase in any form; provided,

that the restriction set forth in this sentence shall

not prevent an otherwise qualified person from

utilizing a single manufactured home as a sales

office.

c. A holder of a lien on a personally titled manufactured

home may sell the repossessed manufactured home and

shall not be required to be licensed pursuant to this

title. Any person other than a bona fide full-time

employee of the lienholder who participates in the

sale of the repossessed manufactured home shall be

licensed as a manufactured home dealer pursuant to

this title.

d. "Manufactured home dealer" shall not include a

restricted manufactured home park dealer;

7. "Manufactured home salesperson" means any person who has

been engaged by a manufactured home dealer or restricted

manufactured home park dealer to buy, sell, exchange, negotiate, or

act as an agent for the purchase, sale, or exchange of an interest

in a manufactured home;

8. "Manufactured home installer" means a person who is engaged
ot include a

restricted manufactured home park dealer;

7. "Manufactured home salesperson" means any person who has

been engaged by a manufactured home dealer or restricted

manufactured home park dealer to buy, sell, exchange, negotiate, or

act as an agent for the purchase, sale, or exchange of an interest

in a manufactured home;

8. "Manufactured home installer" means a person who is engaged

in the business of installing or setting up manufactured homes

and/or mobile homes as defined herein;

Oklahoma Statutes - Title 47. Motor Vehicles Page 888

9. "Manufactured home manufacturer" means a person who

manufactures, assembles, sells or distributes new manufactured

homes, whether directly or indirectly, to new manufactured home

retailers or a restricted manufactured home park dealer for resale

or use in this state;

10. "Mobile home" means a residential dwelling fabricated in an

off-site manufacturing facility, designed to be a permanent

residence, but which is still transportable, that was built prior to

the enacting of the National Manufactured Housing Construction and

Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq.;

11. "Person" means an individual, business, corporation,

partnership, association, limited liability corporation, trust,

firm, or company or legal entity, but does not include any political

subdivision;

12. "Ready for occupancy" means a mobile or manufactured home

which is installed and anchored properly by a manufactured home

installer licensed in this state and has utilities connected to

service;

13. "Rebuilder" means a used motor vehicle dealer who is

engaged in the business of rebuilding repairable motor vehicles and

who has paid the fee for and been issued a rebuilder certificate as

provided by Section 591.5 of this title;

14. "Restricted manufactured home park dealer" means any person

operating a mobile or manufactured home park who, for a commission

or with intent to make a profit or gain of money or other thing of

value, sells, offers to sell, or attempts to negotiate a sale or

exchange of interest in, new or used manufactured homes, or that is

engaged wholly or in part in the business of selling or leasing

manufactured homes which are personal property with an option to

purchase or own in any form at any time after the beginning of the

lease term any new and unused, or used, or both new and used

manufactured homes; provided, every mobile or manufactured home sold

pursuant to a restricted manufactured home park dealer license shall

be located in the licensed mobile or manufactured home park and

ready for occupancy. Provided further, manufactured home dealer

license plates shall not be issued to a restricted manufactured home

park dealer;

15. "Retail implement dealer" means a business engaged

primarily in the sale of farm tractors as defined in Section 1-118

of this title or implements of husbandry as defined in Section 1-125

of this title or a combination thereof;

16. "Sale" or "sell" means the act of selling, brokering,

exchanging, exchanging of an interest in, or renting with the option

to purchase or own in any form at any time after the beginning of

the lease term, a new or used manufactured home for commission,

profit, gain of money or other thing of value;

Oklahoma Statutes - Title 47. Motor Vehicles Page 889

17. "Used motor vehicle" means any motor vehicle, as that term

is defined in the Oklahoma Vehicle License and Registration Act, but

not including any all-terrain vehicles, utility vehicles, and

motorcycles used exclusively for off-road use which are sold by a

retail implement dealer, which has been sold, bargained, exchanged,

given away or the title thereto transferred from the person who

first took title from the manufacturer, importer, or dealer or agent

of the manufacturer or importer, or so used as to have become what

is commonly known as a "secondhand motor vehicle". In the event of
cycles used exclusively for off-road use which are sold by a

retail implement dealer, which has been sold, bargained, exchanged,

given away or the title thereto transferred from the person who

first took title from the manufacturer, importer, or dealer or agent

of the manufacturer or importer, or so used as to have become what

is commonly known as a "secondhand motor vehicle". In the event of

transfer, on the statement of origin, from the original franchised

dealer to any other dealer or individual other than a franchised

dealer of the same make of vehicle, the vehicle shall be considered

a used motor vehicle and must be titled in the new owner's name;

18. "Used motor vehicle auction" means any business other than

salvage pools which regularly engages in the sale or trade, or

negotiates the sale or trade, of used motor vehicles by auction,

whether by open or closed bid or by sale to or purchase by used

motor vehicle dealers or individuals;

19. a. "Used motor vehicle dealer" means any person who, for

a commission or with intent to make a profit or gain

of money or other thing of value, sells, brokers,

exchanges, rents with option to purchase, or offers or

attempts to negotiate a sale or exchange of an

interest in used motor vehicles, or who is engaged

wholly or in part in the business of selling used

motor vehicles, whether or not such motor vehicles are

owned by the person.

b. "Used motor vehicle dealer" shall not include:

(1) receivers, trustees, administrators, executors,

guardians, or other persons appointed by or

acting pursuant to the judgment or order of any

court,

(2) public officers while performing their official

duties,

(3) employees of persons enumerated in the definition

of "used motor vehicle dealer" when engaged in

the specific performance of their duties as such

employees,

(4) mortgagees or secured parties as to sales of

motor vehicles constituting collateral on a

mortgage or security agreement, if the mortgagees

or secured parties shall not realize for their

own account from such sales any monies in excess

of the outstanding balance secured by such

mortgage or security agreement, plus the costs of

collection,

Oklahoma Statutes - Title 47. Motor Vehicles Page 890

(5) any person acting as an auctioneer who has been

engaged by a seller to direct, conduct, control,

or be responsible for the sale of used motor

vehicles as part of an estate auction or

liquidation,

(6) any person, firm, corporation, or other legal

entity who sells, or contracts for the sale of,

the vehicles of the person, firm, corporation, or

other legal entity when such vehicles are sold in

liquidation, and any person, firm, corporation,

or other legal entity who serves as an agent in

such sale. The exclusion provided in this

paragraph shall not extend to any person, firm,

corporation, or other legal entity whose business

is the purchase, sale, or rental with option to

purchase, of motor vehicles, or to a location

used for such purposes,

(7) any person acting as an auctioneer who has been

engaged by a seller to direct, conduct, control,

or be responsible for the sale of used motor

vehicles as part of an auction held at a licensed

used motor vehicle dealer location. The

exclusion provided in this division shall not

extend to a person who auctions five or more used

motor vehicles in a nonliquidation sale held at a

licensed used motor vehicle dealer location which

is not regularly used as a vehicle auction, or
duct, control,

or be responsible for the sale of used motor

vehicles as part of an auction held at a licensed

used motor vehicle dealer location. The

exclusion provided in this division shall not

extend to a person who auctions five or more used

motor vehicles in a nonliquidation sale held at a

licensed used motor vehicle dealer location which

is not regularly used as a vehicle auction, or

(8) any retail implement dealer that sells all-

terrain vehicles, utility vehicles, and

motorcycles used exclusively for off-road use;

20. "Used motor vehicle salesperson" means a person employed by

a licensed used motor vehicle dealer to sell, broker, exchange, or

negotiate a purchase, sale, or rental with option to purchase, used

motor vehicles or an interest in used motor vehicles. The term

"used motor vehicle salesperson" shall not include any person who:

a. uses the person's own funds for such transactions, or

b. operates independently as a used motor vehicle dealer

using a licensed used motor vehicle dealer's license

number; and

21. "Wholesale used motor vehicle dealer" means any person who,

for a commission or with intent to make a profit or gain of money or

other thing of value, sells, brokers, exchanges, rents with option

to purchase, or offers or attempts to negotiate a sale or exchange

of interest in used motor vehicles exclusively to used motor vehicle

dealers, or who is engaged in the business of selling used motor

vehicles exclusively to used motor vehicle dealers, whether or not

such motor vehicles are owned by the person.

Oklahoma Statutes - Title 47. Motor Vehicles Page 891