AGO 87-11.

Case Date:December 16, 1987
Colorado Attorney General Opinions 1987. AGO 87-11. December 16, 1987Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 87-11 AG Alpha No. RV DB AGAQF Mr. Steven Berson Acting Director Department of Revenue State of Colorado 486 Capitol Annex 1375 Sherman Street Denver, Colorado 80261 RE: Licensing of "Consumer Auto Agents"Dear Mr. Berson: This opinion letter is in response to your July 22, 1987, letter in which you inquired about licensing a person who is in the business of assisting or representing a consumer in a motor vehicle purchase. QUESTION PRESENTED AND CONCLUSION Your request for an Attorney General's Opinion presents this question: Whether a person who is in the business of assisting or representing a consumer in finding, negotiating and/or purchasing a motor vehicle, who has no interest in the vehicle itself, and no business relation to the seller of the vehicle, and who receives no compensation or benefit from anyone other than the consumer, is required to be licensed as a motor vehicle dealer, salesman, or wholesaler. No. ANALYSIS Whether a consumer auto agent must be licensed as a dealer, salesman, or wholesaler, is resolved by a consideration of the Automobile Dealer Statute, sections 12-6-101 through 124, C.R.S. (1985). The language of that statute must be construed according to its plain meaning. Clark v. Town of Estes Park, 686 P.2d 777, 779 n. 5 (Colo. 1984). If the statute's language is ambiguous, however, its meaning may be ascertained by considering, among other things: the object and the legislative declaration of purpose of that statute; the consequences of particular constructions; and the context in which such language is used. Section 2-4-203, C.R.S. (1980); Public Employees Retirement Ass'n v. Green, 195 Colo. 575, 580 P.2d 385, 387 (1978); Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300, 303 (1976). Statutes, after all, must be construed in such a manner "that the true intent and meaning of the General Assembly may be fully carried out." Section 2-4-212, C.R.S. (1980). Dealer Sections 12-6-102(13) and (17), C.R.S. (1985), define "motor vehicle dealer" and "used motor vehicle dealer." The language of the two provisions is identical, except that the former provision applies to transactions involving "new or new and...

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