7ADeemed trading in motor cars

7A Deemed trading in motor cars (1) A person who buys, sells or exchanges, or offers to buy, sell or exchange, 4 or more motor cars in any period of 12 months (whether as a principal or as an agent) is deemed to be a motor car trader carrying on a business of trading in motor cars. (2) Subsection (1) does not apply if the person can prove that she, he or it did not, in that period, carry on the business of trading in motor cars and did not hold herself, himself or itself out as carrying on the business of trading in motor cars. (3) In counting the number of motor cars bought, sold or exchanged by a person, any purchase, sale or exchange— (a) that is an exempt transaction for the purposes of the definition of ***trading in motor cars*** is not to be counted; (b) that is from, to or with a licensed motor car trader is not to be counted. (4) In counting the number of motor cars offered for purchase, sale or exchange by a person, any offer— (a) that would result in an exempt transaction for the purposes of the definition of ***trading in motor cars*** if it was to be accepted is not to be counted; (b) that is made to a licensed motor car trader is not to be counted. S. 7A(5) amended by No. 4/2008 s. 6. (5) In this section an offer to sell includes an invitation to treat and the publishing (or authorising the publication) of an advertisement (including by means of broadcast or electronic communication). (6) A person who buys, sells or exchanges less than 4 motor cars in any period of 12 months may still be a motor car trader carrying on a business of trading in motor cars, and nothing in this section is intended to interfere with that possibility.