reglab/housing_qa huggingface dataset:
CA Veh Code § 11735 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers|Section 11735.

11735.  (a) No dealer shall engage in brokering a retail sales transaction without first paying the fee required by subdivision (d) of Section 9262 and obtaining from the department an autobroker’s endorsement to the dealer’s license. An autobroker’s endorsement shall be automatically cancelled upon the cancellation, suspension, revocation, surrender, or expiration of a dealer’s license.(b) Upon the issuance of an autobroker’s endorsement to a dealer’s license, the department shall furnish the dealer with an autobroker’s log. The autobroker’s log shall remain the property of the department and may be taken up at any time for inspection.(c) The autobroker’s log shall contain spaces sufficient for the dealer to record the following information with respect to each retail sale brokered by that dealer:(1) Vehicle identification number of brokered vehicle.(2) Date of brokering agreement.(3) Selling dealer’s name, address, and dealer number.(4) Name of consumer.(5) Brokering dealer’s name and dealer number.(d) Nothing in this code prohibits a dealer who has been issued an autobroker’s endorsement to his or her dealer’s license from delivering, with the selling dealer’s written approval, motor vehicles that have been sold pursuant to a duly executed motor vehicle purchase agreement or obtaining a consumer’s signature on a selling dealer’s motor vehicle purchase agreement that has already been executed by the selling dealer.(e) When brokering a retail sale as an agent of the consumer, selling dealer, or both, the brokering dealer owes a fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with its principal or principals.(f) For purposes of this section and Sections 11736, 11737, and 11738, “consumer” means any person who retains a dealer to perform brokering services in connection with a retail sale.(Amended by Stats. 1995, Ch. 211, Sec. 7. Effective January 1, 1996.)
CA Veh Code § 11736 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers|Section 11736.

11736.  It is unlawful for any dealer licensed under this article to do any of the following when brokering a retail sale:(a) Fail to execute a written brokering agreement, as described in Section 11738, and provide a completed copy to both of the following:(1) Any consumer entering into the brokering agreement. The completed copy shall be provided prior to the consumer’s signing of an agreement for the purchase of the vehicle described in the brokering agreement or, prior to accepting one hundred dollars ($100) or more from that consumer, whichever occurs first.(2) The selling dealer. The completed copy shall be provided prior to the selling dealer’s entering into a purchase agreement with the consumer.(b) Accept a purchase deposit from any consumer that exceeds 2.5 percent of the selling price of the vehicle described in the brokering agreement.(c) Fail to refund any purchase money, including purchase deposits, upon demand by a consumer at any time prior to the consumer’s signing of a vehicle purchase agreement with a selling dealer and taking delivery of the vehicle described in the brokering agreement.(d) Fail to cancel a brokering agreement and refund, upon demand, any money paid by a consumer, including any brokerage fee, under any of the following circumstances:(1) When the final price of the brokered vehicle exceeds the purchase price listed in the brokering agreement.(2) When the vehicle delivered is not as described in the brokering agreement.(3) When the brokering agreement expires prior to the customer being presented with a purchase agreement from a selling dealer arranged through the brokering dealer that contains a purchase price at or below the price listed in the brokering agreement.(e) Act as a seller and provide brokering services, both in the same transaction.(f) Fail to disclose to the consumer and selling dealer, as soon as practicable, whether the autobroker receives or does not receive a fee or other compensation, regardless of the form or time of payment, from the selling dealer and the dollar amount of any fee that the consumer is obligated to pay to the autobroker. This arrangement shall be confirmed in a brokering agreement.(g) Fail to record in the dealer’s autobroker log, for each brokered sale, all of the information specified in subdivision (c) of Section 11735.(h) Fail to maintain for a minimum of three years a copy of the executed brokering agreement and other notices and documents related to each brokered transaction.(i) Fail to advise the consumer, prior to accepting any money, that a full refund will be given if the motor vehicle ordered through the autobroker is not obtained for the consumer or if the service orally contracted for is not provided.(Amended by Stats. 1995, Ch. 211, Sec. 8. Effective January 1, 1996.)
CA Veh Code § 11737 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers|Section 11737.

11737.  (a) A dealer who brokers a motor vehicle sale shall deposit directly into a trust account any purchase money, including purchase deposits, it receives from a consumer or a consumer’s lender. This subdivision does not require a separate trust account for each brokered transaction.(b) The brokering dealer shall not in any manner encumber the corpus of the trust account except as follows:(1) In partial or full payment to a selling dealer for a vehicle purchased by the brokering dealer’s consumer.(2) To make refunds.(c) Subdivision (b) shall not prevent payment of the interest earned on the trust account to the brokering dealer.(d) The brokering dealer shall serve as trustee of the trust account required by this section. If the brokering dealer is a partnership or a corporation, the managing partner of the partnership or the chief executive officer of the corporation shall be the trustee. The trustee may designate in writing that an officer or employee may manage the trust account if that officer or employee is under the trustee’s supervision and control, and the original of that writing is on file with the department.(e) All trust accounts required by this section shall be maintained at a branch of a bank, savings and loan association, or credit union regulated by the state or the government of the United States.(f) The brokering dealer has a fiduciary responsibility with respect to all purchase money received from a consumer or consumer’s lender relative to a brokered sale transaction.(g) The following are deemed to be held in trust for consumers who have paid purchase money to a brokering dealer:(1) All sums received by the brokering dealer whether or not required to be deposited in an actual trust account and regardless of whether any of these sums were required to be deposited or actually were deposited in a trust account.(2) All property with which any of the sums described in paragraph (1) has been commingled if any of these sums cannot be identified because of the commingling.(h) Upon any judicially ordered distribution of any money or property required to be held in trust and after all expenses of distribution approved by the court have been paid, every consumer of a brokering dealer has a claim on the trust for purchase money payments made to the brokering dealer. Unless a consumer can identify his or her funds in the trust within the time established by the court, each consumer shall receive a proportional share based on the amount paid.(Added by Stats. 1994, Ch. 1253, Sec. 14. Effective January 1, 1995.)
CA Veh Code § 11738 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers|Section 11738.

11738.  The brokering agreement required by Section 11736 shall be printed in no smaller than 10-point type and shall contain not less than the following terms, conditions, requirements, and disclosures:(a) The name, address, license number, and telephone number of the autobroker.(b) A complete description, including line-make, model, year model, and color, of the vehicle and the desired options.(c) The following statement:“The following information shall be completed prior to the signing of this brokering agreement:Dollar Purchase Price of Vehicle: ______.Date this agreement will expire if a purchase agreement from a selling dealer is not presented for your signature:__________.Fee that you will be obligated to pay us, if any:__________.”(d) One of the following notices, as appropriate, printed in at least 10-point bold type and placed immediately below the statement required by subdivision (c):(1) “We do not receive a fee from the selling dealer.”(2) “We receive a fee from the selling dealer.”(e) The following notice on the face of the brokering agreement with a heading in at least 14-point bold type and the text in at least 10-point bold type, circumscribed by a line, that reads as follows:NOTICEThis is an agreement to provide services; it is not an agreement for the purchase of a vehicle. California law gives you the following rights and protection.Once you have signed this agreement, you have the right to cancel it and receive a full refund of any money paid, including any brokerage fee you may have paid, under any of the following circumstances:(1) The final price of the vehicle exceeds the purchase price listed above.(2) The vehicle is not as described above upon delivery.(3) This agreement expires prior to your being presented with a selling dealer’s purchase agreement.If you have paid a purchase deposit, you have the right to receive a refund of that deposit at any time prior to your signing a vehicle purchase agreement with a selling dealer. Purchase deposits are limited by law to no more than 2.5 percent of the purchase price of a vehicle and must be deposited by an autobroker or auto buying service in a federally insured trust account. If you are unable to resolve a dispute with your auto­broker or auto buying service, please contact an investigator of the Department of Motor Vehicles.(f) The date the agreement is executed.(g) The signature of the autobroker and consumer.(Amended by Stats. 2000, Ch. 1035, Sec. 13. Effective January 1, 2001.)
CA Veh Code § 11739 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers|Section 11739.

11739.  For purposes of title registration, warranties, rebates, and incentives, in a brokered retail new motor vehicle sale, the selling, franchised new car dealer, and not the autobroker, is responsible to apply for title in the name of the purchaser, to secure vehicle registration and the license plates for the purchaser, to secure the manufacturer’s warranty in the name of the purchaser, and to make all applications for any manufacturer’s rebates and incentives due the purchaser. If there is a manufacturer’s recall, the consumer shall be notified directly by the manufacturer.(Added by Stats. 1994, Ch. 1253, Sec. 16. Effective January 1, 1995.)
CA Veh Code § 11740 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers|Section 11740.

11740.  The remedies and penalties provided in this code for a violation of this article are cumulative to the remedies and penalties provided by other laws.(Added by Stats. 2002, Ch. 407, Sec. 3. Effective January 1, 2003.)
CA Veh Code § 11750 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1.1 - Consumer Automotive Recall Safety Act|Section 11750.

11750.  This article shall be known, and may be cited, as the Consumer Automotive Recall Safety Act (CARS Act).(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)
CA Veh Code § 11752 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1.1 - Consumer Automotive Recall Safety Act|Section 11752.

11752.  As used in this article, the following definitions apply:(a) The term “dealer” has the same meaning as in Section 285.(b) (1) A “manufacturer’s recall” is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturer’s recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A “personal vehicle sharing program” has the same meaning as defined in Section 11580.24 of the Insurance Code.(d) A “recall database” is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturer’s recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturer’s Internet Web site for a specific vehicle’s line-make.(B) The recall data in a vehicle manufacturer’s internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A “recall database report” is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A “rental car company” is a person or entity in the business of renting passenger vehicles to the public in California.(Amended by Stats. 2018, Ch. 591, Sec. 1. (AB 2873) Effective January 1, 2019.)
CA Veh Code § 11754 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1.1 - Consumer Automotive Recall Safety Act|Section 11754.

11754.  (a) No later than 48 hours after receiving a notice of a manufacturer’s recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturer’s recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturer’s recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.(Amended by Stats. 2018, Ch. 591, Sec. 2. (AB 2873) Effective January 1, 2019.)
CA Veh Code § 11755 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1.1 - Consumer Automotive Recall Safety Act|Section 11755.

11755.  Notwithstanding Sections 1633.3 of the Civil Code and Section 9975 of this code, a new motor vehicle dealer may receive electronic authorization from consumers consistent with regulations adopted by the Bureau of Automotive Repair for any repair of a manufacturer recall.(Added by Stats. 2019, Ch. 490, Sec. 2. (AB 596) Effective January 1, 2020.)
CA Veh Code § 11758 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1.1 - Consumer Automotive Recall Safety Act|Section 11758.

11758.  The department shall include the following recall disclosure statement on each vehicle registration renewal notice: “NOTICE: Many vehicles have been recalled recently for needed repairs. Did you know you can check to see if your vehicle has an unrepaired manufacturer’s safety recall? For most vehicles, manufacturer safety recalls are repaired for free. You can check for any recalls and how to get the recall repaired at www.safercar.gov.”(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)
CA Veh Code § 11760 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1.1 - Consumer Automotive Recall Safety Act|Section 11760.

11760.  (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.(Amended by Stats. 2018, Ch. 591, Sec. 3. (AB 2873) Effective January 1, 2019.)
CA Veh Code § 11761 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1.1 - Consumer Automotive Recall Safety Act|Section 11761.

11761.  The rights and remedies provided by this article are cumulative and shall not be construed as restricting any right or remedy that is otherwise available.(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)
CA Veh Code § 11762 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 1.1 - Consumer Automotive Recall Safety Act|Section 11762.

11762.  The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)
CA Veh Code § 11800 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 2 - Vehicle Salespersons|Section 11800.

11800.  It shall be unlawful for any person to act as a vehicle salesperson without having first procured a license or temporary permit issued by the department or when that license or temporary permit issued by the department has been canceled, suspended, revoked, or invalidated or has expired.(Amended by Stats. 1990, Ch. 1563, Sec. 48.)
CA Veh Code § 11802 (2021)
2021 California Code|Vehicle Code - VEH|DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS|CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen|ARTICLE 2 - Vehicle Salespersons|Section 11802.

11802.  (a) The department shall prescribe and provide forms to be used for application for licenses to be issued under this article and require of applicants, as a condition of the issuance of a license, that information concerning the applicant’s character, honesty, integrity, and reputation as it considers necessary. Every application for a vehicle salesperson’s license shall contain, in addition to that information which the department requires, a statement of all of the following facts:(1) The name and address of the applicant.(2) Whether the applicant has ever had a court judgment rendered for which he or she has been liable as a result of his or her activities in conjunction with an occupational license issued under this division, and whether that judgment remains unpaid or unsatisfied.(3) Whether the applicant ever had a license, issued under this division, revoked, suspended, or subjected to other disciplinary action and whether the applicant was ever a partner in a partnership or an officer, director, or stockholder in a corporation licensed under this division, the license of which was revoked, suspended, or subjected to other disciplinary action.(b) The department shall issue a license bearing a fullface photograph of the licensee and the following information:(1) Name and address.(2) Physical description.(3) The licensee’s usual signature.(4) Distinguishing vehicle salesperson’s license number.(Amended by Stats. 1990, Ch. 1563, Sec. 49.)