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168.27.7a(a)

Statute ID: 12646

Statute Function ID: 27793

Motor Vehicle Dealers - Motor vehicle broker violations

In Effect

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Charge

Classifications

Offense Level:

Misdemeanor (M)

General Offense Code:

DWI/Traffic/Vehicle Regulation (4)

Offense Summary Code & Rank:

Traffic/Accidents(exclude DWI) (J) (Rank 28)

Detailed Offense Code:

Traffic/Transportation (499)

Offense Severity Level:

Function Text:

UCR Code

Description

90Z

All Other Offenses

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Yes

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

168.27.7a(a)

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 2002

Expiration Date:

Repealed?:

Summary Text:

Motor Vehicle Dealers - Motor vehicle broker violations

Statute ID:

12646

Created:

Dec 31, 2008 by mnjis.legal.analyst@state.mn.us

Updated:

Dec 31, 2008 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

2002 c 371 art 1 s 9; misdemeanor

Summary Text:

Motor Vehicle Dealers - Motor vehicle broker violations

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/168/27.html

Legislative Session:

2002 - Regular

Session Law Text?:

Statute text last updated on:

Nov 20, 2023

(a) A motor vehicle broker shall provide each buyer or lessee with a written disclosure stating whether the motor vehicle broker receives a fee from the dealers with whom the broker does business. The new or used motor vehicle dealer is the seller of record in all such transactions. The motor vehicle dealer may pay the motor vehicle broker a fee for brokering services rendered. A motor vehicle broker may:
(1) advertise and solicit the brokering of new motor vehicles. A motor vehicle broker shall not advertise or make any representations which state, imply, or suggest that the motor vehicle broker itself sells vehicles, is authorized to sell vehicles, or obtains vehicles directly from the motor vehicle manufacturer. All advertising or other solicitations by a motor vehicle broker shall disclose that sales of new motor vehicles are arranged through franchised motor vehicle dealers;
(2) negotiate or quote the sale price or lease terms of motor vehicles;
(3) prepare and deliver documents necessary to the transaction;
(4) accept a down payment not to exceed $500, but otherwise may not accept payment in full or in part for a motor vehicle unless the payment is in the form of a negotiable instrument payable to the vehicle dealer;
(5) accompany a motor vehicle purchaser or lessee at the time of delivery by the selling dealer of a new motor vehicle; and
(6) be present when warranties and safety features are described by the selling dealer in conjunction with the delivery of a new motor vehicle.
(b) A motor vehicle broker shall not:
(1) engage in the business of selling new or used motor vehicles as described in subdivisions 2 and 3;
(2) execute contracts or official documents for the sale or lease of a new motor vehicle;
(3) describe a new vehicle's warranties or safety features in conjunction with the delivery of a new motor vehicle;
(4) display motor vehicles available for sale or lease; or
(5) perform any dealer preparation of new motor vehicles.

All dealer preparation shall be performed only by a licensed new motor vehicle dealer.

(c) This subdivision does not apply to licensed motor vehicle lessors and shall not be construed to restrict licensed motor vehicle lessors from brokering motor vehicle leases or otherwise engaging in the leasing of motor vehicles in accordance with subdivisions 1 and 4.