Motor Vehicle / Recreational Vehicle Dealer Salesperson

T.C.A. § 55-17-102(16) Motor vehicle salesperson” or “vehicle salesperson” means any person who is not excluded by subdivision (17), and who is:

(A) Employed by a licensed motor vehicle dealer who is engaged in the business of effecting or attempting to effect the sale or purchase of motor vehicles or used recreational vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party; or

(B) Employed by a recreational vehicle dealer licensed pursuant to part 4 of this chapter, and who is engaged in the business of effecting or attempting to effect the sale or purchase of recreational vehicles or used motor vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party;

(17) “Motor vehicle dealer” and “motor vehicle salesperson” do not include the following:

(A) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court;

(B) Public officers while performing or in the operation of their duties;

(C) Employees of persons, corporations, or associations enumerated in subdivision (17)(A) when engaged in the specific performance of their duties as employees;

(D) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising;

(E) All banks, finance companies, loan companies, insurance companies, auto body shops or garages that have not obtained a motor vehicle for the purpose of resale, selling or offering to sell used motor vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities;

(F) Persons when selling motor vehicles that have been designated by the seller as nonrepairable vehicles, as defined in § 55-3-201, whether or not such vehicles have been issued a nonrepairable vehicle certificate to licensed automotive dismantlers and recyclers, or registered scrap metal dealers or scrap metal processors, solely for recycling, dismantling, or scrap;

T.C.A. § 55-17-110(c) No motor vehicle dealer or recreational vehicle dealer as defined in § 55-17-401 shall hire any person for the purpose of selling motor vehicles or recreational vehicles, or for acting in the capacity of a motor vehicle salesperson, without first determining that the person is duly licensed as a motor vehicle salesperson.

(d) No motor vehicle salesperson shall sell or attempt to sell any motor vehicle or recreational vehicle for any motor vehicle dealer or recreational vehicle dealer, unless the motor vehicle salesperson is employed by the motor vehicle dealer or recreational vehicle dealer having an interest in the sale of the motor vehicle or recreational vehicle.

(e) No person licensed under this section shall give, pay or in any manner compensate any other person for services rendered as a motor vehicle salesperson without first engaging or employing the person in the capacity of a motor vehicle salesperson.

1. Submission of Fee and Application
2. Must work for a licensed Motor Vehicle/Recreational Vehicle Dealer
3. Salesperson must be at least 18 years old