§ 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 section four hundred fifteen-a of the
vehicle and traffic law, only when operating in a manner described in
section four hundred fifteen-a of the vehicle and traffic law, an
automobile auctioneer, only when operating in the manner described in
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