Archive for the ‘auto broker car dealer license endorsement’ Category
car dealer insurance 1 comment
dmv announces vehicle history database 2 comments
Californias Can Get Access To Vehicle Histories
California Department of Motor Vehicles
Media Relations Office
2415 First Avenue, MS F-122
Sacramento, CA 95818
Contact: DMV Public Affairs
www.dmv.ca.gov
www.youtube.com/CaliforniaDMV
Feb 18, 2010
Sacramento – The California Department of Motor Vehicles (DMV) announced today that its vehicle title history and brand information is now available to consumers through the National Motor Vehicle Title Information System (NMVTIS). The database greatly improves the tracking of vehicles across state lines for law enforcement and motor vehicle agencies. It also allows consumers to learn about the history of a vehicle prior to making a purchase.
DMV Director George Valverde said California is supportive of NMVTIS, and sees it as another valuable tool for consumer protection. “We are delighted that prospective purchasers of vehicles can now access title and brand information on the millions of updated vehicle records California provides to the NMVTIS database.”
California is one of 31 states now participating in NMVTIS, which was established by federal law in 1992 as a major tool to combat rampant nationwide vehicle theft and fraud. According to statistics released earlier this year, 1.3 million vehicles are stolen in the 50 states each year, with losses to consumers totaling more than $8 billion. NMVTIS records are available at http://www.vehiclehistory.gov by providing a vehicle identification number and paying a nominal fee.
NMVTIS is operated on behalf of the U.S. Dept. of Justice by the American Association of Motor Vehicle Administrators (AAMVA). Several entities are required to regularly report information to NMVTIS, including: State motor vehicle agencies; Insurance carriers (including some self-insuring entities); and, auto recyclers and salvage yards.
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wholesale dealers may never hold or enter into consignment agreements no comments
wholesale dealers may not accept vehicles on consignment
wholesale dealers may not consign vehicles to retail car dealers
BUT
there is a legal way to broker consignments to retail car dealers
AND
wholesale dealers may sell there vehicles to a retail dealer on a promise
with a completed wholesale ROS and a promissary note
bill of sale, sales agreement, smog certificate & division 12 safety check
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automated man is not your friend
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conditional sales contracts must meet very specific requirements 3 comments
Under California’s Automobile Sales Finance Act (ASFA),
1 automobile sales contracts must contain certain terms and disclosures
2 for the protection of consumers.
3 In addition, certain provisions of such contracts are required to be prominently displayed in fonts of specified size, and in specified locations and sequences, again for the protection of consumers. On top of that, regulated sales contracts are required to be reproduced as a “single document,”
4 so that the necessary terms and notices may not be concealed from consumers by being shunted to an unseen appendix. The extensive formalities and requirements are mandatory,
5 and a contract that does not substantially conform to the requirements is unenforceable.
6 1 Civ. Code §§ 2981–2984.6. 2 Civil Code section 2982 provides that a conditional sale contract subject to the ASFA must contain disclosures mandated by federal Regulation Z, 12 C.F.R. §§ 226.1– 226.48 (2009).
Regulation Z implements the Truth in Lending Act, which is found at 15 U.S.C. §§ 1601–1667f.
3 See, e.g,. Cerra v. Blackstone, 172 Cal. App. 3d 604, 608 (1985) (“The legislative purpose in enacting the [ASFA] was to provide more comprehensive protection for the unsophisticated motor vehicle consumer.”).
4 Civ. Code § 2981.9 (part of the ASFA). Although our analysis focuses on automobile sales contracts, we note that the same language appears in other consumer sales statutes, and we have no reason to believe that our analysis would not apply to them as well. See Civ. Code § 2985.8 (part of the Vehicle Leasing Act, Civ. Code §§ 2985.7–2994); Civ. Code § 1803.2 (part of the California Retail Installment Sales Act).
5 Civ. Code § 2982(m) states that the required terms “may” be printed according to the specified regulations. However, experts in the field and judicial decisions uniformly construe these consumer-protection rules as mandatory.
See, e.g., Justice William Masterson (Retired), Justice Elizabeth Baron (Retired) & Louise LaMothe, California Civil Practice Business Litigation, § 58:11 (Thomson Reuters 2009); Cynthia L. Fatica, California Transactions Forms: Business Transactions Vol. 5, § 34:33 (Thomson Reuters 2009); Kunert v. Mission Fin. Serv. Corp., 110 Cal. App. 4th 242, 248 (2003).
6 See Kunert v. Mission Fin. Serv. Corp., 110 Cal. App. 4t h at 248.
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Every conditional sale contract subject to this chapter shall be in writing and, if printed, shall be printed in type no smaller than 6-point, and shall contain in a single document all of the agreements of the buyer and seller with respect to the total cost and the terms of payment for the motor vehicle, including any promissory notes or any other evidences of indebtedness.
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A rule of court is not drafted by the Legislature, and the rule at issue in the Alan case pertains to litigant protection, rather than consumer protection in the commercial arena.
We nonetheless find it significant that, in applying ordinary principles of statutory construction to the rule , the Court’s view of the function of the single document requirement was the same as that of the Ninth Circuit in Morgan. And we find both cases relevant to, as well as consistent with, our understanding of the ordinary meaning of the term “single document.”
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Accordingly, we conclude that the single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4”, “2 of 4”, etc.).
Under the provisions of the car buyer bill of rights, all sales, including cash transactions REQUIRE a conditional sales contract from the selling dealer with ALL required disclosures, including the car buyer bill of rights option.
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breaking dmv news…AG issues new opinion paper on conditional sales contracts for car dealers 1 comment
http://ag.ca.gov/cms_attachments/opinions/pdfs/o546_08-804.pdf
TO BE PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
EDMUND G. BROWN JR.
Attorney General
No. 08-804
December 31, 2009
THE HONORABLE NOREEN EVANS, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question:
Is the single document requirement for automobile sales contracts satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.)?
CONCLUSION
The single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.).
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bureau of automotive repair…car dealer information on diesel smog certification 1 comment
http://www.bar.ca.gov/
http://www.bar.ca.gov/80_BARResources/05_Legislative/RegulatoryActions/DieselWorkInf.html#
dmv announces new dealer license changes under the car buyers protection act of 2009 no comments
Occupational Licensing Industry News OLIN 2009–19 California Car Buyers’ Protection Act of 2009
New Law
Effective January 1, 2010, the California Car Buyers’ Protection Act of 2009 becomes law.
This law increases dealer, lessor-retailer, and auto broker license fees and requires a vehicle dealer to pay off the outstanding loan or lease balance on any vehicle accepted in trade within 21 calendar days.
The law further prohibits a dealer from selling, consigning for sale, or transferring a vehicle accepted in trade before the outstanding loan or lease balance has been paid.
Increases
All original and renewal dealer and lessor-retailer license fees will increase by $25. The fee to add or renew an auto broker endorsement to an existing license will increase by $50. The new fees are:
•
Dealer license, original $175
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Dealer license, renewal $125
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Auto Broker, original $100
•
Auto Broker, renewal $ 75
New Information
Dealers are required to pay the outstanding loan or lease balance, or other specified amount agreed upon when the vehicle acquired through purchase or in trade has a prior loan or lease balance. The dealer must pay the legal owner or lessor shown on the ownership certificate the balance or specified amount within 21 calendar days of purchasing or obtaining the vehicle in trade.
The dealer is not in violation of this section if notice of rescission of the contract is given reasonably and in good faith promptly, but no later than 21 days after the date the vehicle was purchased or obtained in trade, and the contract is thereafter rescinded on any of the grounds in Civil Code §1689.
Background
The California Car Buyers’ Protection Act of 2009 is a new law effective:
January 1, 2010.
The act increases licensing fees and imposes certain requirements when a dealer obtains a vehicle in trade with a prior loan or lease balance.
References
California Vehicle Code (CVC) §4453.5
California Civil Code §1689
Distribution
Notification that this memo is available online, at dmv.ca.gov/pubs/olin/olin.htm was made via E-Mail Alert Service in December 2009 to the following:
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Dealers
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Lessor-Retailers
•
Registration Services
Contact
Questions regarding this memo may be directed to the Occupational Licensing Operations Unit, at (916) 229-3126.
MARY GARCIA, DMV Chief Occupational Licensing
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