Posted by JHyre in Ohio on January 03, 1999 at 12:38:06:
Whether the term “casual sales” is literally used depends upon how your state’s statute is written. In general, most states’ dealer statutes provide that to be a dealer, you must sell x number of MH’s. The other way of saying the same thing (Ohio does this) is to say if you are “in the business” you are a dealer and HIDE an exception to being “in the business” in the body of the statute. In Ohio, the “casual sales” exception is buried in the portion of the statute that tells you what you CANNOT do- it’s really an odd place to tell you what you CAN do. NOTE: The DMV materials are often one-sided and may not mention any exceptions that work in your favor. That’s way I would read the STATUTE and REGULATIONS. It ain’t fun, but oftentimes the agency empowered with enforcing the law doesn’t know or enforce the law AS IT IS WRITTEN (This is ESPECIALLY TRUE of the IRS, by the way). I ALWAYS go to the source. If ND does not provide specific guidelines as to what constitutes “doing business” in its statutes and regs, you may have to turn to case law to see what the courts say. If there is simply NO guidance, check and see what the first-time penalty for dealing without a licemse is. If it is minor (it probably is), I would document the lack of guidance and move forward (unless you are REALLY REALLY risk averse- then do nothing). If you ask the DMV, they will 99% likely tell you that you cannot do it. THAT advice would probably have no basis in law (if you haven’t already found anything after a dilligent search)and simply reflect the bureaucratic mindset that you cannot do anything without some officials’ permission. If you ask DMV, do so anonomously.