AUTOMOBILES, SALE OF BY AGENT ‑- LICENSE

AUTOMOBILES, SALE OF BY AGENT ‑- LICENSE

A sales agent who offers for sale automobiles of his principal, but who has no right to approve or enter into sales agreements binding upon the principal, is not required to obtain an automobile dealer's license.

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                                                                    July 12, 1956

Honorable Thurman E. Ward
Prosecuting Attorney
Klickitat County
Goldendale, Washington                                                                                                              Cite as:  AGO 55-57 No. 298

Dear Sir:

            You have requested our opinion as to whether or not a sales agent, who offers for sale the product of his principal but who has no right to approve or enter into agreements binding upon said principal for the sale of new or used cars, is required under the provisions of RCW 46.70.010 et. seq. to obtain an automobile dealer's license.

            Our answer is in the negative.

                                                                     ANALYSIS

            The term "dealer" is defined in RCW 46.70.010 as follows:

            "'Dealer' as defined in this title shall mean any person in the business of buying, selling, exchanging or acting as a broker of new or used motor vehicles, trailers, or motorcycles, with an established place of business at which is kept and maintained the books, records and files of the business."

             [[Orig. Op. Page 2]]

            It would appear that the sales in the instant case are being made wholly within the State of Oregon and by a dealer who we will presume to be duly licensed in that state.  The individual described in your letter is merely referring sales prospects to that dealer.  It is interesting to note that since he has no established place of business in the State of Washington at which books and records are kept, even if the sales agent applied for a dealer's license it would not be within the power of the director of licenses to grant it to him.

            We hope this information may be of service to you.

Very truly yours,

DON EASTVOLD
Attorney General

B. F. RENO, JR.
Assistant Attorney General