I could find no published decisions which address the issue of whether two people in the same household selling more than four cars in a year is a violation of §257.248.
§257.248 is poorly written because it leaves the person open to interpretation.
§257.248 and the act the enacted do not define person. Person is defined several different ways in the Michigan statutes. One definition of person is that it "means an individual, sole proprietorship, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, profit or nonprofit corporation including a public or private college or university, public utility, municipality, local industrial development corporation, economic development corporation, or other association of persons organized for
, or industrial purposes." (See §125.2004.) So if you are assisting your wife in selling the vehicle you may run afoul of the statue. It is not clear how they will define a person.
Elsewhere in the code it is not as broad. I suspect if you sell another car they will argue that you part of an association of persons organized for commercial purposes.
If your wife sells cars completely independent of you that would most likely be permitted. The statute states "A person shall not carry on or conduct the business of buying, selling, brokering, leasing, negotiating a lease, or dealing
in 5 or more [vehicles]" A person does not have title
a vehicle in there name in order engage in the described conduct. So if you take part in a sale in which another person's name is on the title you could face sanctions under the statute.
The 12 month period is a rolling 12 month period. You have to 12 months between the 1st and 5th vehicle you sell. You can sell on a continuous cycle.
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