License Business Selling Its Used Motor Vehicles

Automotive sales - business disposal license - grounds for discipline - right of action for loss - appropriation. The act creates a business disposal license for a business to sell its used vehicles if the vehicle sales do not exceed 20% of the business's gross revenue. The vehicles must not be passenger vehicles.

The act also authorizes the motor vehicle dealer board to deny, suspend, or revoke a business disposal license for the following:

• A material misstatement in an application;
• Violating several classes of laws dealing with motor vehicle sales and commerce;
• Having been convicted of certain crimes;
• Engaging in various types of fraudulent activities;
• Failing to perform a written agreement;
• Failing to make the required disclosures;
• Misleading or inaccurate advertising;
• Representing or selling as new a used motor vehicle;
• Selling a defective vehicle unless sold as a tow-away and not to be driven or selling, acquiring, or disposing of a stolen vehicle;
• Failing to notify a prospective buyer of the acceptance or rejection of a motor vehicle purchase order agreement within a reasonable period when on a finance sale or a consignment sale;
• Failing to maintain a place of business with a fixed address and full-time employees; and
• Failing to post a bond.

A person has a right of action against a business disposer and the surety upon a disposer's bond if the disposer commits a fraudulent act or violates the laws governing motor vehicle dealers.

To implement the act, $14,000 is appropriated from the auto dealers license fund to the department of revenue for use by the motor vehicle dealer licensing board.

(Note: This summary applies to this bill as enacted.)