Dealer License Renewal Home Study Study Guide

Transcription

1 Dealer License Renewal Home Study Study Guide Please remember if you paid for this course by credit card:

2 LEGAL View this Disclaimer Online: Standard Form Disclaimer Required For All Approved On-Line Courses TriStar Motors, L. L. C. Legal Notice and Disclaimer The Department of Motor Vehicles ( DMV ) recognizes the right of private enterprise to advertise and distribute information as it relates to their business function. The DMV promotes the free exchange of information, opinions and ideas without restriction, EXCEPT when the content invades or may invade personal privacy, property rights or constitutes libel. All free exchange must meet applicable federal, state and local law. Our Continuing Education Lesson Plan meets the requirements of the DMV and has been approved, HOWEVER, the distribution, advertising and additional information we provide is not guaranteed by the DMV, nor does it represent the views of the department. Please be advised, unless required by statute, DMV has no obligation to provide information to this private enterprise, in regards to its website & printed material. The DMV shall assume no responsibility for information which is in error, incomplete or out of date. Please contact the course provider and / or the DMV to insure the information is current and accurate. All warranties are disclaimed, including but not limited to: implied warranties of merchantability, fitness for a particular purpose, freedom from infection or contamination caused by a computer borne virus and non-infringement of proprietary rights. The DMV is not responsible for the content of any off site pages or publications we may reference through online or home study use. The DMV is not responsible for the content of any uploaded files. The DMV advises to not rely on the interpretation and presentation of statutes and regulations referenced on the website and in our publications, but to rely and consult the actual text of the law. These legal requirements change with frequency. The advice of legal counsel may be necessary to determine the actual law of the day. The DMV encourages direct reporting to the course provider when errors, omissions and complaints occur. When an issue cannot be solved with the course provider the web link below allows a formal complaint and review to be conducted. Please Visit: You may phone the Occupational Licensing Complaint & the form will be sent to you for completion. 1

3 TABLE OF CONTENTS CA DMV DISCLAIMER...1 TABLE OF CONTENTS USING THIS STUDY GUIDE...4 SECTION LESSON PLAN OUTLINE...5 DEALER LICENSING Bond Posting and Information Notice Postings Fee Schedule Dealer Notification...10 FORM, APPLICATION AND SIGN SAMPLES Dealer Surety Bond Form Dealer Salesperson Application Livescan Form Continuing Education Exemption Form No Cooling Off Period Notice Contract Cancellation Option Notice Inspection Of Vehicle Notice Contract Cancellation Fee Schedule Contract Cancellation Restocking Fee Schedule SECTION BROKER AND CONSIGNMENT LICENSING...21 PERMANENT BRANCH LOCATIONS...22 OFFSITE SALES / TEMP BRANCH LOCATIONS...23 CONDITIONAL SALES CONTRACT Refunds Contract Breach Spanish Speaking Buyers...27 MOTOR VEHICLE FINANCING...28 SALES & USE TAX...29 DEPARTMENT OF MOTOR VEHICLE FORMS Report of Sales...32 VEHICLE LICENSING & REGISTRATION Administrative Service Fees...36 VEHICLE EQUIPMENT, DIVISION 12 COMPLIANCE...38 ODOMETERS...39 SMOG / AIR POLLUTION CONTROL...40 FORM, APPLICATION AND SIGN SAMPLES Auto Broker Log Corporate Officer Change Form Dealer License Change Form Zoning Verification Letter Duplicate Title Form Buyers Guide Statement Of Facts Form Application For Temporary Branch Form Lost/Stolen Or Missing Dealer Plate Form Repossession Form

4 SECTION BUREAU OF AUTO REPAIR REGS...52 VEHICLE HISTORY DISCLOSURES...52 WARRANTIES...53 FEDERAL BUYER'S GUIDE...54 USE OF SPECIAL PLATES...55 ADVERTISING Unlawful Acts Disclosure Requirements...58 STOLEN VEHICLE PREVENTION...59 FORM, APPLICATION AND SIGN SAMPLES Salvage Declaration...60 SECTION UNLAWFUL DEALER ACTIVITIES Unlawful Acts: Dealers...61 DMV ENFORCEMENT ACTIONS...65 TAX GUIDE Supplement to TriStar Dealer Education Handbook Legal Disclaimer Record Keeping and Accounting Special Circumstance Sales Personal Use Circumstances Local & District Sales & Use Taxes Trade-In Vehicles & Sales Discounting Warranties Out of State & Foreign Sales Dealer Sales...69 SECTION OVERVIEW OF ASSEMBLY BILL AB 68 PROVISIONS...70 AB 68 RETAIL POSTING NOTICE...70 EXISTING NO COOLING OFF PERIOD NOTICE...71 RETAIL HOURS OF OPERATION POSTING REGULATIONS...71 CANCELLATION FEE OPTION PRICING SCHEDULE...71 AB 68 CONTRACT CANCELLATION FEE POSTER...72 AB 68 CANCELATION OPTION AGREEMENT PROVISIONS...73 AB 68 OPTION RESTOCKING FEE POSTER...74 AB 68 CONDITIONAL SALES CONTRACT PROVISIONS...75 FORM, APPLICATION AND SIGN SAMPLES AB 68 Provisions Sign...76 SECTION AB 68 VEHICLE RETURN PROVISIONS...77 AB 68 TRADE IN PROVISIONS...78 AB 68 REGISTRATION FEE PROVISIONS...78 AB 68 CREDIT SCORE DISCLOSURE PROVISIONS...79 AB 68 ADD-ON DISCLOSURE PROVISIONS...80 AB 68 ADD-ON DISCLOSURE FORM...80 AB 68 DEALER PROVIDED FINANCING MARKUP PROVISION...81 AB 68 CERTIFIED VEHICLE ADVERTISING PROVISIONS...82 AB 68 ENHANCED PENALTY PROVISIONS

5 Continuing Education Edition Certified For Use By The California- Department Of Motor Vehicles TRISTAR RENEWAL LICESING HOME STUDY PROGRAM 1. Please review the study guide, take the test and fill out the form then fax it to us at ( if you have not already paid, you will be billed $ 68. for mailed home studies or $ 55. for downloads when we send the certificate ) 2. We will correct it if you get 70% or better we will send you your certificate. If you get less then 70% we will fax or you another quiz to retake. Once you get 70% or better we send you your certificate, USPS Express or Priority Mail. 3. Did You Know icon which is located throughout the Study Guide, provide you with additional information and helpful links about the given topic you are reviewing. 4. You must complete the online or home study dealer education program. TriStar offers three methods to renew your license: 1. In person ( $ 150. private session by appointment ONLY ) 2. Home Study ( $ 55 download online, $ 68. send out ) 3. Online at ( $ 55.) Study Guide SECTION View this Section Online: LESSON PLAN OUTLINE As a renewal dealer: You must review the study guide before taking the exam as stated by the CA DMV. The exam usually takes about 60 minutes to complete. Upon completion of the test, provided you have past with 70% or better, we will provide you with a DMV certificate of completion sent USPS Priority Mail. Please allow 2-7 days for arrival. If you need your certificate sent USPS Express Mail we can do that for an additional $30.00 fee. Contact us for this additional service unless you have already paid. We now have three methods to teach you: In-Person with discussion and testing Home Study with testing and written review Renewals are mandatory every TWO years. A 70 % score is needed to pass the dealer examination. All materials provided, including study materials and handbook. Licensed Sales Persons may attend on behalf of the owner. We will need to a copy of your existing dealer license along with a valid Calif. DL or ID and Salespersons License, if appropriate Folsom Street San Francisco, California, Attention: Al, Joe, Kevin, Willis, Molly & Alex TriStar Motors, L.L.C. Schedule Information & Paging: Reservation Fax Machine: E mail: tristarmotors@gmail.com 4

6 DEALER LICENSING TriStar Motors LLC ~ GotPlates.com Bond Posting and Information No person shall act as a dealer without having first been issued: A Dealer license or a temporary permit. A dealer must post a bond of $ 50,000. prior to license being issued. An unpaid ASF can result in bond activation and loss of license The bond is basically a promise, which guarantees payment of DMV fees and penalties, sales and use tax and the order of a judge, known as a ( judgment ). One may post cash, assign savings or rent the money by paying a premium to a bond company. The amount of rent due is based on the credit of the owners of the dealership. In selecting a bond, California rated carriers are preferred. Typical rates for bonds, with good credit. $ 200 for a 10K bond And $ 680. for a 50K bond. Rates for previously bankrupt individuals can run as high as $ premium with $ collateral. For Dealer Surety Bond Forms go to or see sample on page 12. A lesser bond of $ 10,000. is allowed for wholesale only if: fewer than 25 sales annually. In lieu of posting a bond a dealer may deposit cash with the DMV or with an approved FDIC bank or savings and loan. This deposit shall be held 3 years after license is retired. With no claims outstanding, the deposit is returned. It is unlawful to operate w/o having a bond in effect. The office of the principal place of business, and each branch location, must be established prior to license issuance. Photo set of each required. Temporary, transitory & mobile offices are acceptable, provided items are not a part of the inventory for sale. All records must be kept at the place of business. (4 years) The display area of each location, required for retail locations, must comply as follows: It must be of sufficient size to accommodate each type of vehicle the dealer is licensed to sell and be clearly marked for exclusive use. Display areas must be within 1000 ft. of the office. For Dealer Surety Bond Forms go to: or see sample on page 12. Permanent signage required for retail locations sufficient to withstand weather. A temporary sign is allowed with a permanent sign on order. It shall have an area of at least two ( 2 ) square feet per side. It shall be able to be read from a distance of fifty ( 50 ) feet. At each location the dealer must post the dealer's license. At each location the dealer must post the sales license(s) The sales license fee is $ 93. with no test, good for three years. See Related Links, Forms and Sample Documents: - For Dealer Salesperson Application go to: or see sample on page For Livescan Form go to: or see sample on page For Livescan Locations go to: - For Exemption Form go to: or see sample on page 15. 5

7 DMV will be eliminating the distribution of Industry Memos by US Mail during Please take advantage of electronic distribution services provided for free by the DMV. To receive free electronic distribution go to: The DMV prefers that, when available, the owner or corporate officer of each dealership attend the dealer continuing education course on behalf of the dealership. All managers taking the renewal class on behalf of the dealership must be licensed sales persons. Those married to owners of a dealership, if involved in the business with regards to personal use of the dealer plate, managerial, financial or registration work must be licensed sales persons. Dealer Notification Every dealer shall notify DMV: 10 days prior to the effective date of an ownership change. 30 days prior to the effective date of any corporate change. $ 70. is the fee for a corporate change. If there has been an ownership or corporate change, the dealer will need to submit a new original application and fees, along with a new dealer bond. Once the application is completed, the dealer will be issued a new dealer number. If there is a corporate officer change, an OL-15, Application, Personal History Questionnaire, Livescan and a fee of $ 70. Any change in the dealer address, be it branch add or removal, name change, add or delete category, add autobroker, dealer type change. or location change requires immediate notification to the Inspector of jurisdiction, an application and fees posted prior to change. See Related Links, Forms and Sample Documents: - Corporate Officer Change Form go to: or see sample on page 43 - Dealer License Change Form go to: or see sample on page 44 10

8 All contracts for the purchase of a motor vehicle require certain disclosures as per the civil code and federal regulation z. These items must be disclosed on the sales contract: Itemization Of Amount To Be Financed cash price * w/ demand of title price + tax only document prep fee $ 45. maximum. ( same for ALL ) smog fee sales tax $ 50. maximum for inspection $ 8.25 maximum for certificate based on county of residence service contract charge only if sold by dealer ( extra warranty ) Amounts Paid To DMV license fee $ 15. registration fee collect if: registration expired or within 60 days dealer pays to date of sale buyer pays forward to estimate.2.2% + $ 60. x.40 Dealer Hotline Amounts Paid For Insurance Premiums * only if sold by dealer Down Payment Total trade-in allowance deferred down payment cash amount describe vehicle & subtract payoff paid within 30 days * no post dated checks paid on date of contract Total Amount Financed * must match Amount Financed below. These items must be disclosed on the sales contract per federal law: Annual Percentage Rate Finance Charge Amount Financed * must match Total Amount Financed above. Total Of Payments Total Sales Price Payment Schedule 25

9 Under AB 68, the California car buyer bill of rights the following new regulations become effective July 1, 2006: The dealer must offer an optional cooling off period for used vehicle purchases, with a minimum of 2 days ( 48 hours ) The dealer must create a certification program in order to define and advertise certified used vehicles. There is a new cap, to restrict the maximum on the amount a dealer can mark up a finance rate. The dealer must fulfill new disclosure requirements for credit scores and aftermarket add-on items. All sales, cash included, must use a conditional sales contract ( CA553) To access the DMV used vehicle fee calculator go here: The latest version of the sales contract used in California is called a Law Supply 553, July 06 ( AB68 compliant ) edition and has a minimum of eight signatures for the buyer. The Law Supply 553 is suggested for use because of its endorsement from the California Judicial Council. The dealer makes an offer on the sales contract and when signed, constitutes a purchase order, specifying the total price of the vehicle with all charges, taxes and fees itemized. When the buyer accepts the terms of the contract, a minimum of eight signings are needed. They are acknowledgement of: 1) broker deal or non broker deal, 2) existing California law requiring a drivers license and insurance to operate the vehicle upon departure of the dealership, 3) where to go to make a complaint and 4) the provisions of the no cooling off period. 5) Option Offer 6) Spanish Copy 7) Finance Disclosure 8) add On Disclosure For TriStar s Motors Contract Preparation Form go to: Refunds A refund of any and all moneys paid by purchaser shall be made by the dealer when the purchaser elects not to sign the contract. Deposits do not give the dealer ANY advantage. Even if the purchaser signs the contract and pays for the vehicle the sale does not transact until the purchaser takes delivery of the vehicle. Remember: Seller signs, Buyer signs, Buyer gets copy, Seller gets cash. The civil code and federal truth in lending regulations apply to all dealer transactions. A printed contract form from a law form supply house is required. The dealer may repossess w/o notice if the buyer defaults. *We suggest you keep a set of KEYS for each vehicle under contract. 26

10 similar designation by CA or another state the dealer disclaims any warranties on the vehicle or the vehicle is sold "as is" A dealer cannot advertise a vehicle as "certified" unless: Prior to the sale, the dealer gives the buyer a completed inspection report indicating all the components inspected under their vehicle certification program. If a dealer decides to use the terms " certified used vehicle " or similar terms without documentation, the dealer risks: DMV enforcement action as a cause of action against their dealer's license and/or misdemeanor crime prosecution by the local district attorneys office. Every dealer using these terms would have to institute and maintain written details of exactly what constitutes their certified vehicle inspection program Also see these Links: - For the Certified Vehicle Inspection Sign go to: - For the How to Build a California Certified Vehicle Inspection Program Site go to: - For Certified Vehicle Program Details go to: - For our Sample Certified Checklist go to: AB 68 ENHANCED PENALTY PROVISIONS Under the provisions of the Car Buyer Bill of rights, AB68, effective July 1, 2006, the following become crimes, actionable by DMV enforcement action as a cause of action against the dealer's license and/or misdemeanor crime prosecution by the local district attorneys office. In is unlawful to add charges to a contract for any goods or services after the contract has been completed. All charges on the conditional sales contract must be itemized with previous written disclosure of the cost of each item to the buyer. The dealer must obtain the buyer's prior consent in writing. It is unlawful to inflate the amount of any installments, payment or down payment(s) or the extension of the maturity of a sale or lease contract for the purpose of disguising the actual charges for goods or services to be added by the dealer to the contract. 82

11 TriStar Motors, L. L. C Folsom Street San Francisco, California, Please Call: Office Reservation FAX E mail jw974@juno.com Class Website Donations Please remember if you paid for this course by credit card: