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Statutes Text

Article - Business Regulation




§12–102.

    (a)    This title does not apply to a transaction that involves:

        (1)    merchandise acquired from an established manufacturer or dealer who holds a license under this title, other than a pawnbroker, if the dealer who acquires the merchandise keeps an invoice or other customary proof of origin for the merchandise;

        (2)    a metal acquired for use in dentistry by a dentist licensed to practice dentistry under Title 4 of the Health Occupations Article;

        (3)    coins; or

        (4)    the purchase of junk or scrap metal that is subject to the record keeping and reporting requirements under § 17–1011 of this article.

    (b)    If a retail jeweler has a fixed business address in the State, this title does not apply to a transaction in which the retail jeweler:

        (1)    accepts, in accordance with a posted return policy, the return of an item that the jeweler originally sold;

        (2)    accepts, in accordance with a published trade–in policy, merchandise in trade that the jeweler originally sold;

        (3)    repossesses merchandise that the jeweler originally sold, if the original buyer has defaulted;

        (4)    retains merchandise that the jeweler originally accepted for repair as a bailee for hire, if the customer who deposited the merchandise:

            (i)    defaulted; or

            (ii)    failed to reclaim the merchandise within the time agreed on with the jeweler;

        (5)    accumulates pieces of precious metals in the course of performing repairs, remountings, fabrications, or custom orders; or

        (6)    participates in a remount sale.

    (c)    Except as otherwise provided in this title, this title does not apply to a pawnbroker located in a county that regulates pawnbrokers unless the pawnbroker does business as a dealer.

    (d)    (1)    A county or municipal corporation may not enact a law to regulate dealers or coins.

        (2)    This title supersedes any existing law of a county or municipal corporation that regulates dealers or coins.