Archive for the ‘car dealer license’ tag
car dealer insurance 1 comment
car dealer facebook 1 comment
car dealer twitter 1 comment
red flag rules free tutorial for car dealer managers & staff to learn this new law 3 comments
red flag rules car dealer school will bring you red flag compliance no comments
dmv waives car dealer renewal penalties for january 2010 due to a computer glitch no comments
January Dealer Renewal Notices
New Information
January 2010 dealer renewal notifications were not issued.
The error has been identified and corrected.
Renewal notifications will be issued as soon as possible.
Penalty fees for all January dealer licenses renewals will be waived; however, dealers must still renew within the 30-day renewal grace period per California Vehicle Code (CVC) §11717(c).
License Renewal Procedures
Dealers requiring renewal must:
Visit the department’s website for licensing information at: www.dmv.ca.gov/vehindustry/ol/dealer.htm.
Complete the Renewal Application (OL 45) form available at: www.dmv.ca.gov/forms/ol/ol45.htm.
Review the mandatory dealer education requirements in the Vehicle Industry Registration Procedures Manual available at: www.dmv.ca.gov/pubs/reg_hdbk_pdf/toc.htm.
Access dealer education providers at: www.dmv.ca.gov/vehindustry/ol/dlr_edu_provider.htm.
Renew dealer license plates using the Application for License Plates, Stickers, Registration Card (OL 22) available at: www.dmv.ca.gov/forms/ol/ol22.htm.
Contact their local inspector prior to license renewal if they have added a branch office or changed a location, firm name, or ownership.
Mail the renewal application and accompanying forms to:
Department of Motor Vehicles
Occupational Licensing Section
PO Box 932342 MS L224
Sacramento, CA 94232-3420
Additional Information
Dealers with license plates that are lost, stolen, or need to be surrendered, must complete a Statement of Lost, Stolen, or Surrendered Special Plates (OL 247) available at: www.dmv.ca.gov/forms/ol/ol247.htm.
Dealer license renewal status is updated daily and can be verified on the department’s website at: https://mv.dmv.ca.gov/olinq2/welcome.do.
Background
Normally, courtesy dealer license renewal notices are sent in advance. Due to an error identified, January 2010 notices did not generate.
Distribution
Notification that this memo is available online at www.dmv.ca.gov/pubs/olin/olin.htm
was made via e-mail alert service in January 2010 to the following:
Dealers
Contact
Questions regarding this memo may be directed to the Occupational Licensing Firms Unit, at (916) 229-3126.
MARY GARCIA, DMV Chief Occupational Licensing
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renewal certification for car dealers with express mail delivery is $ 85.
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dmv penalty fee waived for january 2010 car dealer renewals
home based part time wholesale dealers can supply retail dealers with inventory 1 comment
the secret is
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+
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automated man is not your friend
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
also suggested
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we make it simple for you
800-901-5950
automated man is not your friend
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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car dealer education
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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.).
