(A) The motor vehicle is subject to an outstanding lease contract,
retail installment contract or security agreement the terms of which
prohibit or prohibit without permission of the lessor, seller or secured
party, the sublease, sale, transfer or assignment of any right or
interest in the motor vehicle or any right or interest under the lease
contract, retail installment contract, or security agreement by the
lessee, buyer or debtor.
(B) The person is not a party to the lease contract, retail
installment contract or security agreement.
(C) The person subleases, sells, transfers or assigns, or purports to
sublease, sell, transfer, or assign, any right or interest in the motor
vehicle or under the lease contract, retail installment contract or
security agreement, to any person who is not a party to the lease
contract, retail installment contract or security agreement.
(D) The person does not obtain, prior to the sublease, sale, transfer
or assignment described in paragraph (C) of this subdivision, written
consent to the sublease, sale, transfer or assignment from the motor
vehicle's lessor, seller or secured party.
(E) The person receives compensation or some other consideration for
the sublease, sale, transfer or assignment as described in paragraph (C)
of this subdivision.
2. A person also engages in the business of auto equity promotion when
such person is not a party to the lease contract, retail installment
contract or security agreement, and assists, facilitates, solicits,
causes or arranges the actual or purported sublease, sale, transfer or
assignment as described in subdivision one of this section.
3. For purposes of this section, the term "person" means any natural
person, corporation, sole proprietorship, business, trust, partnership,
incorporated or unincorporated association, estate, co-operative or any
other legal entity.