A. It shall be unlawful to be a broker. B. For the purposes of this section, "broker" means a person who, for a fee, commission or other valuable consideration, arranges or offers to arrange a transaction involving the sale of a new motor vehicle or new powersports vehicle, and who is not: 1. A new motor vehicle or new powersports vehicle dealer or employee of such a dealer; 2. A distributor or employee of such a distributor; 3. A motor vehicle manufacturer or employee of such a manufacturer; or 4. An auctioneer or any other person engaged in the auto auction business. However, an individual shall not be deemed to be a broker if the individual is the owner of the new or used motor vehicle or new or used powersports vehicle which is the object of the brokering transaction. C. Any person convicted of being a broker as defined by this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year and a fine of not more than One Thousand Dollars ($1,000.00). Any person convicted of a second or subsequent offense shall be guilty of a Class D3 felony offense, and the fine for a felony violation of this section shall be not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00). Added by Laws 1985, c. 229, § 17, eff. Nov. 1, 1985. Amended by Laws 1995, c. 324, § 1, eff. Nov. 1, 1995; Laws 1998, c. 269, § 4, eff. Nov. 1, 1998; Laws 2000, c. 341, § 7, eff. Nov. 1, 2000; Laws 2024, c. 240, § 17, eff. Nov. 1, 2024; Laws 2025, c. 486, § 717, eff. Jan. 1, 2026.
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