Archive for the ‘california car buyer bill of rights’ Category
car dealer insurance 1 comment
car dealer bond 5 comments
car dealer school 1 comment
car dealer twitter 1 comment
red flag rules from the dmv become the law june 1, 2010 no comments
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.
* * * * * * * * * * * * *
automated man is not your friend
home based part time wholesale dealers can supply retail dealers with inventory 1 comment
the secret is
+
+
=
we make it simple for you
800-901-5850
automated man is not your friend
car dealers: good car dealer education will prepare you for a surprise visit from the dmv police 1 comment
our car dealer pre-licensing class
recently held at a local car dealership
was surprised by a visit from the dmv police
four plainclothes dmv investigators in black unmarked chrysler 300′s
arrived at this local dealership for what they described as a ” dmv spot check ”
they explained this unannounced visit to the dealership by dmv investigations staff
was part of a dmv effort to ensure compliance by local dealers to existing dmv regulations
the dmv police fanned out and inspected all of the vehicles at this small dealership
the dmv police inspected the entire location & the sales office
the dmv police requested access to the secured deal jackets in the owners office
the owner of the dealership was not present at the time of this ” dmv spot check ”
these dmv police are part of a team of 230 dmv investigation staff throughout california
they were courteous & professional, knowledgeable & willing to listen to my questions
we discussed:
the differences between dmv investigations & dmv inspectors
the buyer’s guide posting requirements from the FTC
the signage requirements and our three gotplates.com dealer office signs
the red flag rules for car dealers offering credit to buyers
the recent dmv red flags memo directing dealers to become red flag compliant
the need for posted business hours at each retail location
the car buyer bill of rights provisions
our pre-licensing dealer class was actually enhanced by this ” dmv spot check ”
the dmv police visit placed emphasis on the retail car dealer rules and the importance
of each car dealer to keep the office in order, signs posted as required & dmv paperwork secured
this local car dealership did well with its ” dmv spot check ” by dmv investigations
good dealer education is the crux of dmv rules compliance
comprehensive training and an understanding of the dmv rulebook
as it pertains to your car dealership is what we are all about
+++
our conclusion:
the ” dmv spot check ” by the dmv police for dmv rules compliance is a great idea
keep your dealership in good working order with our certified dmv dealer education
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.
++++++++++++++++++++++++++++++++++++++++++++++
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.
++++++++++++++++++++++++++++++++++++++++++++++
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.”
++++++++++++++++++++++++++++++++++++++++++++++
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.
++++++++++++++++++++++++++++++++++++++++++++++
car dealer education
we make it simple for you
800-901-5950
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#
