Gunderson v. New Hampshire Dept. of Safety
Annotate this CasePetitioner Robert Gunderson was a New Hampshire resident who worked as a self-described "export buyer’s agent:" he purchased specific motor vehicles from retail dealers across the country and exported them to buyers in foreign countries. Prior to exporting the vehicles, petitioner obtained title to the vehicles in New Hampshire and held himself out as the owner. Petitioner was then paid to transfer ownership of the vehicles to the foreign purchasers. Petitioner neither owned a retail motor vehicle sales location nor operated a lot to display vehicles, but performed his services as an export buyer’s agent from his Moultonborough home. The vehicles are never listed online or in any publications or classified advertising. In 2012, petitioner purchased two luxury vehicles from out-of-state retail dealers for the purpose of selling them in China and Russia. When petitioner applied for titles for the vehicles, however, the New Hampshire Bureau of Title and Anti-Theft denied the applications and the New Hampshire Department of Safety determined that he needed to obtain a state-issued motor vehicle dealer’s license to export motor vehicles. Petitioner appealed a court order finding that he was a "Retail Vehicle Dealer" as defined by RSA 259:89-a (2014), and that he had to obtain a license in accordance with RSA 261:103-a (2014) to engage in his motor vehicle business. Finding no reversible error, the Supreme Court affirmed.
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