Judges: RICHARD P. IEYOUB
Filed Date: 7/6/2001
Status: Precedential
Modified Date: 7/5/2016
Dear Commissioner Travis:
We received your request for an opinion asking that we reconsider Opinion No. 00-78 wherein we opined that a pawnbroker, who has a security agreement in which a motor vehicle is the collateral, may exercise his privilege by selling the vehicle without being a licensed used motor vehicle dealer. In support of our opinion we cited La.R.S.
A. Notwithstanding any other provisions of the law to the contrary, except where a pawnbroker possesses a valid used motor vehicle dealer's license issued pursuant to R.S.
32:771 et. seq., he shall not sell a used motor vehicle which he possesses or which he displays for sale except to one of the following:
(1) A used motor vehicle dealer
(2) A purchaser through a regular used motor vehicle auction.
(3) A purchaser through a used motor vehicle dealer.
B. The terms "used motor vehicle" and "used motor vehicle dealer" as used in this Section shall have the meaning ascribed in R.S.
32:771 .
As noted in your request, La.R.S.
Accordingly, it is our opinion that although parties who sell a vehicle as a secured party or mortgagee are not considered used motor vehicle dealers per La.R.S.
We trust this adequately responds to your request. If you have any questions or comments, please contact our office.
With kindest regards,
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: __________________________ TINA VICARI GRANT Assistant Attorney General
DATE RECEIVE: 6/12/01DATE RELEASED: July 6, 2001AUTHOR: TINA VICARI GRANT Assistant Attorney General
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