I'm pretty sure you can, which is why the regulations say "distributor", "in the supply chain" rather than simply "the seller". In fact, both the true owner and the broker would be "selling" in the broadest sense, because the true owner has offered it and the broker is doing the promotion/negotiation element of the sale.
Tens of thousands of car dealers have stocking loan facilities and they are definitely the ones selling them (not the stocking loan financier, even though they are the true owner while it sits on a dealer forecourt).
See above - they don't use the term "selling", they use phraseology which is more wide-reaching.
Brokers are definitely liable for this.